Entity Names. No Borrower has been known by any other company or corporate name, as applicable, in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6.
Appears in 9 contracts
Samples: Guaranty and Security Agreement (Dril-Quip Inc), Guaranty and Security Agreement (Dril-Quip Inc), Guaranty and Security Agreement (Dril-Quip Inc)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 9 contracts
Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 7 contracts
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Security Agreement (PHI Group, Inc./De), Loan and Security Agreement (PHI Group, Inc./De)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 5 contracts
Samples: Credit and Security Agreement (Green Plains Inc.), Credit and Security Agreement (Green Plains Inc.), Security Agreement (Green Plains Renewable Energy, Inc.)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 4 contracts
Samples: Security Agreement (Gaiam, Inc), Security Agreement (Sypris Solutions Inc), Revolving Credit and Security Agreement (Image Entertainment Inc)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name name, in each case, except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 3 contracts
Samples: Security Agreement (ARKO Corp.), Security Agreement (GPM Petroleum LP), Security Agreement (GPM Petroleum LP)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 3 contracts
Samples: Security Agreement (Valuevision Media Inc), Security Agreement (Geokinetics Inc), Security Agreement (Intelligroup Inc)
Entity Names. No As of the date hereof, no Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, entity of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 3 contracts
Samples: Security Agreement (UniTek Global Services, Inc.), Security Agreement (UniTek Global Services, Inc.), Credit and Security Agreement
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicablethe case may be, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years years, except as set forth on Schedule 5.6.
Appears in 2 contracts
Samples: Term Loan Credit and Security Agreement (EVINE Live Inc.), Security Agreement (Valuevision Media Inc)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6.years. [PHI Group] Revolving Credit, Term Loan and Security Agreement
Appears in 2 contracts
Samples: Loan and Security Agreement (PHI Group, Inc./De), Loan and Security Agreement (PHI Group, Inc./De)
Entity Names. No Except as set forth on Schedule 5.6, no Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 2 contracts
Samples: Security Agreement (SMTC Corp), Security Agreement (Crocs, Inc.)
Entity Names. No Except as set forth on Schedule 5.6, no Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6name, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 2 contracts
Samples: Security Agreement (Aventine Renewable Energy Holdings Inc), Security Agreement (Aventine Renewable Energy Holdings Inc)
Entity Names. No Except as set forth on Schedule 5.6, no Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6name, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Samples: Security Agreement (Osteotech Inc)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, in the past five (5) years and does not sell Inventory inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Samples: Loan and Security Agreement (Boomerang Systems, Inc.)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person Person, with the exception of those assets acquired pursuant to the Acquisition Agreement during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Entity Names. No Borrower has not been known by any other company or corporate name, as applicable, name in the past five (5) years preceding the date hereof and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years preceding the date hereof except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell except as set forth in Schedule 5.6. No Borrower sells Inventory under any other name except as set forth on in Schedule 5.6, nor . No Borrower has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on in Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Zanett Inc)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6.
Appears in 1 contract
Entity Names. No Except as set forth on Schedule 5.6, no Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years, other than pursuant to the Asset Purchase Agreement.
Appears in 1 contract
Samples: Security Agreement (Kitty Hawk Inc)
Entity Names. No As of the Closing Date, no Borrower has been known by any other corporate or company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule SCHEDULE 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years preceding the date hereof and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years preceding the date hereof except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)
Entity Names. No Excluding the Merger Transactions, no Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, entity of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Samples: Loan and Security Agreement (Swenson Granite Co LLC)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name (within the meaning of Section 9-503 of the Uniform Commercial Code) in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Intercreditor Agreement (Empeiria Acquisition Corp)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, entity of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years years, except as set forth on Schedule 5.6.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)
Entity Names. No Borrower has been known by any other corporate or limited liability company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, entity of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6the Perfection Certificate.
Appears in 1 contract
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell or lease Inventory or provide services under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6. As of the Closing Date, nor has any no Borrower been the surviving corporation or company, as applicable, corporation/company of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years. 5.7 O.S.H.A .
Appears in 1 contract
Samples: Credit and Security Agreement (Virco MFG Corporation)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, company as applicable, applicable of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Samples: Security Agreement (Amrep Corp.)
Entity Names. No Borrower has been known by any other company or corporate name, as applicable, name in the past five (5) years and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, person of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6years.
Appears in 1 contract
Samples: Security Agreement (Emtec Inc/Nj)
Entity Names. No Borrower has not been known by any other company or corporate namename since its inception on April 9, as applicable, in the past five (5) years and 2010,and does not sell Inventory under any other name except as set forth on Schedule 5.6, nor has any Borrower been the surviving corporation or company, as applicable, of a merger or consolidation or acquired all or substantially all of the assets of any Person during the preceding five (5) years except as set forth on Schedule 5.6since its inception.
Appears in 1 contract
Samples: Security Agreement (Ante5, Inc.)