Common use of Equipment Covenants Clause in Contracts

Equipment Covenants. With respect to the Equipment and Real Property: (a) Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (b) 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; (c) the Equipment is and shall be used in Borrower's business and not for personal, family, household or farming use; (d) Borrower shall not remove any Equipment from the locations set forth on permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of 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; (e) 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 (f) Borrower assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Party City Corp)

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Equipment Covenants. With respect to the Equipment and Real PropertyEquipment: (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 as to the Equipment in form, scope and methodology acceptable to Lender; (b) Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (bc) 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; (cd) the Equipment is and shall be used in Borrower's business and not for personal, family, household or farming use; (de) Borrower shall not remove any Equipment from the locations set forth on 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; (ef) 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 (fg) Borrower assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Gottschalks Inc)

Equipment Covenants. With respect to the Equipment and Real PropertyEquipment: (a) Borrower Borrowers shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (b) 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; (c) the Equipment is and shall be used in Borrower's Borrowers' business and not for personal, family, household or farming use; (d) no Borrower shall not remove any Equipment from the locations set forth on 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 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 such Borrower in the ordinary course of business; (e) 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 a permanent fixture to real property; and (f) each Borrower assumes all responsibility and liability arising from the its use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Trans World Entertainment Corp)

Equipment Covenants. With respect to the Equipment and Real PropertyEquipment: (a) Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (b) 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; (c) the Equipment is and shall be used in Borrower's business and not for personal, family, household or farming use; (d) Borrower shall not remove any Equipment from the locations set forth on 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; (e) 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 a permanent fixture to real property; and (f) Borrower assumes all responsibility and liability arising from the its use of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Loehmanns Inc)

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Equipment Covenants. With respect to the Equipment and Real PropertyEquipment: (a) Borrower shall ------------------- keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (b) 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; (c) the Equipment is and shall be used in Borrower's business and not for personal, family, household or farming use; (d) Borrower shall not remove any Equipment from the locations set forth on 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; (e) 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 (f) Borrower assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: General Security Agreement (Unidigital Inc)

Equipment Covenants. With respect to the Equipment and Real PropertyEquipment: (a) Borrower Guarantor ------------------- shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (b) 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; (c) the Equipment is and shall be used in BorrowerGuarantor's business and not for personal, family, household or farming use; (d) Borrower Guarantor shall not remove any Equipment from the locations set forth on 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; (e) 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 (f) Borrower Guarantor assumes all responsibility and liability arising from the use of the Equipment.

Appears in 1 contract

Samples: General Security Agreement (Global Sports Inc)

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