Common use of Equipment Covenants Clause in Contracts

Equipment Covenants. With respect to the Equipment: (a) upon Lender's request, Borrower shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; (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 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 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 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 2 contracts

Samples: Loan and Security Agreement (Wareforce Com Inc), Loan and Security Agreement (Wareforce Com Inc)

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Equipment Covenants. With respect to the Equipment: (a) upon Lender's request, Borrower shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; (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 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 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 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 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 (Citi Trends Inc)

Equipment Covenants. With respect to the Equipment: : (a) upon Lender's request, Borrower Borrowers shall, at its their expense, at any time or times as Lender Agents may request on or after an Event of Default, deliver or cause to be delivered to Lender Agents written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender Agents and by an appraiser acceptable to Lender; Agents; (b) Borrower Obligors shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); ; (c) Borrower Obligors 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 Borrower's Borrowers' business and not for personal, family, household or farming use; ; (e) Borrower Obligors shall not remove any Equipment from the locations set forth or permitted herein, except (i) to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of Borrower or Obligors, (ii) to move Equipment directly from one location set forth or permitted herein to another such location location, (iii) for dispositions of Equipment expressly authorized herein, and except (iv) for the movement of motor vehicles used by or for the benefit of Borrower Obligors in the ordinary course of business; ; (f) the Equipment is now and shall remain personal property and Borrower Obligors shall not permit any of the Equipment to be or become a part of or affixed to real property; and and (g) Borrower assumes Obligors assume all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Dyersburg Corp)

Equipment Covenants. With respect to the Equipment: : (a) upon Lender's request, Borrower Borrowers shall, at its their expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; ; (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 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 Borrower's Borrowers' business and not for personal, family, household or farming use; ; (e) Borrower 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 Borrower Borrowers or to move Equipment directly from one 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 Borrowers in the ordinary course of business; ; (f) the Equipment is now and shall remain personal property and Borrower Borrowers shall not permit any of the Equipment to be or become a part of or affixed to real property; and and (g) Borrower Borrowers assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Transpro Inc)

Equipment Covenants. With respect to the Equipment: : (a) upon Lender's request, Borrower Guarantor shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; ; (b) Borrower b)Guarantor shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); ; (c) Borrower Guarantor 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 BorrowerGuarantor's business and not for personal, family, household or farming use; ; (e) Borrower Guarantor 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 Guarantor or to move Equipment directly from one 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 Guarantor in the ordinary course of business; ; (f) the Equipment is now and shall remain personal property and Borrower Guarantor shall not permit any of the Equipment to be or become a part of or permanently affixed to real property; and and (g) Borrower Guarantor assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: General Security Agreement (Nutritional Sourcing Corp)

Equipment Covenants. With respect to the Equipment: : (a) upon Lendera)upon Agent's request, Borrower Borrowers shall, at its their expense, at any time or times as Lender Agent may request on or after an Event of Default, deliver or cause to be delivered to Lender Agent written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender Agent and by an appraiser acceptable to Lender; (bAgent;(b) Borrower Borrowers shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (cexcepted);(c) Borrower 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; (dlaws;(d) the Equipment is and shall be used in Borrower's Borrowers' business and not for personal, family, household or farming use; ; (e) Borrower 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 Borrower Borrowers or to move Equipment directly from one 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 Borrowers in the ordinary course of business; ; (f) the f)the Equipment is now and shall remain personal property and Borrower Borrowers shall not permit any of the Equipment to be or become a part of or affixed to real property; and and (g) Borrower assumes Borrowers assume all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Damark International Inc)

Equipment Covenants. With respect to the Equipment: : (a) upon Lender's request, Borrower Guarantor shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; ; (b) Borrower Guarantor shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); ; (c) Borrower Guarantor 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 BorrowerGuarantor's business and not for personal, family, household or farming use; ; (e) Borrower Guarantor 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 Guarantor or to move Equipment directly from one 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 Guarantor shall not permit any of the Equipment to be or become a part of or affixed to real property; and and (g) Borrower Guarantor assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: General Security Agreement (Pfsweb Inc)

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Equipment Covenants. With respect to the Equipment: : (a) upon Lender's ------------------- request, Borrower Borrowers shall, at its their expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; ; (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 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 Borrower's Borrowers' business and not for personal, family, household or farming use; ; (e) Borrower 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 Borrower Borrowers or to move Equipment directly from one 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 Borrowers in the ordinary course of business; ; (f) the Equipment is now and shall remain personal property and Borrower Borrowers shall not permit any of the Equipment to be or become a part of or affixed to real property; and and (g) Borrower assumes Borrowers assume all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Cybex International Inc)

Equipment Covenants. With respect to the Equipment: (a) upon Lender's ’s request, Borrower Guarantors shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; (b) Borrower Guarantors shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) Borrower Guarantors 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 Borrower's Guarantors’ business and not for personal, family, household or farming use; (e) Borrower Guarantors 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 Guarantors or to move Equipment directly from one 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 Guarantors shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) Borrower Guarantors assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: General Security Agreement (SMTC Corp)

Equipment Covenants. With respect to the Equipment: (a) upon Lender's request, Borrower shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; (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 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 Borrower's ’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 hereinon the Information Certificate, 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 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 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: General Security Agreement (SMTC Corp)

Equipment Covenants. With respect to the Equipment: : (a) upon Lender's request, Borrower Guarantor shall, at its expense, at any time or times as Lender may request on or after an Event of Default, deliver or cause to be delivered to Lender written reports or appraisals as to the Equipment in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; ; (b) Borrower Guarantor shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); ; (c) Borrower Guarantor 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 BorrowerGuarantor's business and not for personal, family, household or farming use; ; (e) Borrower Guarantor 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 Guarantor or to move Equipment directly from one 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 Guarantor in the ordinary course of business; ; (f) the Equipment is now and shall remain personal property and Borrower Guarantor shall not permit any of the Equipment to be or become a part of or permanently affixed to real property; and and (g) Borrower Guarantor assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: General Security Agreement (Inyx Inc)

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