Equipment Covenants. With respect to the Equipment: (a) upon Agent's request, Borrowers shall, at their expense, at any time or times as Agent may request upon the occurrence and during the continuation of an Event of Default, deliver or cause to be delivered to Agent written reports or appraisals as to the Equipment in form, scope and methodology reasonably acceptable to Agent and by an appraiser acceptable to Agent; (b) Borrowers shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrowers shall use the Equipment with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws; (d) the Equipment is and shall be used in Borrowers' business and not for personal, family, household or farming use; (e) Borrowers 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 Borrowers or to move Equipment directly from one such 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 shall remain personal property and Borrowers shall not 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.
Appears in 1 contract
Equipment Covenants. With respect to the Equipment:
: (a) upon Agent's request, Borrowers each US Borrower shall, at their its expense, at least once each year or at any time or times as Agent Lender may request upon the occurrence and during the continuation of on or after an Event of Default, deliver or cause to be delivered to Agent Lender written reports or and/or appraisals as to the Equipment in form, scope scope, methodology and methodology reasonably timetable for delivery acceptable to Agent Lender and by an appraiser acceptable to Agent;
Lender (an “Equipment Appraisal”); (b) Borrowers each US Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted);
; (c) Borrowers each US Borrower shall use the Equipment with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws;
; (d) the Equipment is and shall be used in Borrowers' applicable US Borrower’s business and not for personal, family, household or farming use;
; (e) Borrowers each US 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 Borrowers such US Borrower or to move Equipment directly from one such 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 a US Borrower in the ordinary course of business;
; (f) the Equipment is now and shall remain personal property and Borrowers each US Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and
and (g) Borrowers assume each US Borrower assumes all responsibility and liability arising from the use of the Equipment.
Appears in 1 contract
Samples: Loan Agreement (SMTC Corp)
Equipment Covenants. With respect to the Equipment:
(a) upon Agent's ’s request, Borrowers shall, at their expense, at any time or times as Agent may request upon the occurrence and during the continuation of an Event of Default, deliver or cause to be delivered to Agent written reports or appraisals as to the Equipment in form, scope and methodology reasonably acceptable to Agent and by an appraiser acceptable to Agent;
(b) Borrowers shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted);
(c) Borrowers shall use the Equipment with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws;
(d) the Equipment is and shall be used in Borrowers' ’ business and not for personal, family, household or farming use;
(e) Borrowers 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 Borrowers or to move Equipment directly from one such 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 shall remain personal property and Borrowers shall not 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.
Appears in 1 contract
Equipment Covenants. With respect to the Equipment:
: (a) upon Agent's request, Borrowers each Debtor shall, at their its expense, at any time or times as US Collateral Agent may request upon the occurrence and during the continuation of while an Event of DefaultDefault has occurred and is continuing, deliver or cause to be delivered to US Collateral Agent written reports or appraisals as to the Equipment in form, scope and methodology reasonably acceptable to US Collateral Agent and by an appraiser acceptable to US Collateral Agent;
; (b) Borrowers each Debtor shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted);
; (c) Borrowers each Debtor shall use the Equipment with all reasonable care and caution and in accordance with applicable standards of any insurance and in material conformity with all applicable laws;
; (d) the Equipment is and shall be used in Borrowers' business Debtors’ businesses and not for personal, family, household or farming use;
; (e) Borrowers no Debtor shall not remove any Equipment from the locations set forth or permitted hereinon the Information Certificate, except to the extent provided in the US Loan Agreement or necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrowers such Debtor or to move Equipment directly from one such location set forth or permitted herein on the Information Certificate to another such location and except for the movement of motor vehicles used by or for the benefit of Borrowers such Debtor in the ordinary course of business;
; (f) the Equipment is now and shall remain personal property and Borrowers no Debtor shall not permit any of the Equipment to be or become a part of or affixed to real property; and
and (g) Borrowers assume each Debtor assumes all responsibility and liability arising from the use of the Equipment.
Appears in 1 contract
Samples: General Security Agreement (Mad Catz Interactive Inc)
Equipment Covenants. With respect to the Equipment:
: (a) upon Agent's request, Borrowers shall, at their expense, at any time or times as Agent may request upon the occurrence and during the continuation of an Event of Default, deliver or cause to be delivered to Agent written reports or appraisals as to the Equipment in form, scope and methodology reasonably acceptable to Agent and by an appraiser acceptable to Agent;
(b) Borrowers each US Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted);
; (cb) Borrowers each US Borrower shall use the Equipment with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws;
; (dc) the Equipment is and shall be used in Borrowers' applicable US Borrower’s business and not for personal, family, household or farming use;
; (ed) Borrowers each US 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 Borrowers such US Borrower or to move Equipment directly from one such 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 a US Borrower in the ordinary course of business;
; (fe) the Equipment is now and shall remain personal property and Borrowers each US Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and
(gf) Borrowers assume each US Borrower assumes all responsibility and liability arising from the use of the Equipment; and (g) each US Borrower shall, at its expense, at any time or times as Agent may request on or after an Event of Default has occurred and is continuing, deliver or cause to be delivered to Agent and Tranche B Agent written reports and appraisals as to the Equipment in form, scope and methodology acceptable to Required Lenders and by an appraiser acceptable to Required Lenders, addressed to Agent or upon which Agent is expressly permitted to rely.
Appears in 1 contract
Samples: Us Loan Agreement (SMTC Corp)