Common use of Equipment and Real Property Covenants Clause in Contracts

Equipment and Real Property Covenants. With respect to the Equipment and Real Property: (a) Borrower shall, at its expense, at any time or times as Lender may reasonably request on or after an Event of Default, deliver or cause to be delivered to Lender written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender, addressed to Lender and upon which Lender is expressly permitted to rely; (b) Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws except where the failure to do so will not have a Material Adverse Effect; (d) the Equipment is and shall be used in Borrower's business and not for personal, family, household or farming use; (e) Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrower or to move Equipment directly from one

Appears in 1 contract

Samples: Loan and Security Agreement (Findwhat Com Inc)

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Equipment and Real Property Covenants. With respect to the Equipment and Real PropertyEquipment: (a) subject to limitation on expenses set forth in Section 9.15 hereof, upon Agent's request, Borrower shall, at its expense, at any time or times as Lender Agent may reasonably request on or after an Event of Defaultrequest, deliver or cause to be delivered to Lender Agent written reports or appraisals as to the Equipment and/or and the Real Property in form, scope and methodology acceptable to Lender Agent and by an appraiser acceptable to Lender, addressed to Lender and upon which Lender is expressly permitted to relyAgent; (b) Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws except where the failure to do so will not have a Material Adverse Effectlaws; (d) the Equipment is and shall be used in Borrower's business and not for personal, family, household or farming use; (e) Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrower or to move Equipment directly from oneone location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) Borrower assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Optical Cable Corp)

Equipment and Real Property Covenants. With respect to the Equipment and Real Property: (a) Borrower upon Lender's request, Borrowers shall, at its their expense, no more than once in any twelve (12) month period, but at any time or times as Lender may reasonably request on or after an Event of Default, deliver or cause to be delivered to Lender written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender, addressed to Lender and upon which Lender is expressly permitted to rely; (b) each Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) each Borrower shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws except where the failure to do so will not have a Material Adverse Effectlaws; (d) the Equipment is and shall be used in Borrower's business Borrowers' businesses and not for personal, family, household or farming use; (e) each Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business respective businesses of Borrower Borrowers or to move Equipment directly from oneone location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of Borrowers in the ordinary course of business; (f) the Equipment is now and

Appears in 1 contract

Samples: Loan and Security Agreement (Safety Components International Inc)

Equipment and Real Property Covenants. With respect to the Equipment and Real Property: (a) Borrower shall, at its expense, at any time or times as Lender may reasonably request on or after an Event of Default, deliver or cause to be delivered to Lender written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender, addressed to Lender and upon which Lender is expressly permitted to rely; (b) Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws except where the failure to do so will not have a Material Adverse Effectlaws; (d) the Equipment is and shall be used in Borrower's business and not for personal, family, household or farming use; (e) Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrower or to move Equipment directly from one

Appears in 1 contract

Samples: Loan and Security Agreement (Drugmax Inc)

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Equipment and Real Property Covenants. With respect to the Equipment and Real Property: (a) Borrower upon Lender's request, Borrowers shall, at its their expense, no more than once in any twelve (12) month period, but at any time or times as Lender may reasonably request on or after an Event of Default, deliver or cause to be delivered to Lender written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender, addressed to Lender and upon which Lender is expressly permitted to rely; (b) Borrower Borrowers shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower Borrowers shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws except where the failure to do so will not have a Material Adverse Effectlaws; (d) the Equipment is and shall be used in Borrower's Borrowers' business and not for personal, family, household or farming use; (e) no Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of such Borrower or to move Equipment directly from oneone location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of such Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and no Borrower shall permit any of the Equipment to be or become a part of or affixed to Real Property; and (g) Borrowers assume all responsibility and liability arising from the use of the Equipment and Real Property.

Appears in 1 contract

Samples: Loan and Security Agreement (Fansteel Inc)

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