Common use of Equipment Representations and Warranties Clause in Contracts

Equipment Representations and Warranties. With respect to its Equipment, the Grantor warrants and represents to the Secured Parties that the Secured Parties may rely on all statements or representations made by Grantor on or with respect to any Equipment and that: (a) All Equipment (except for any aircraft of the Grantor) is located only at the locations set forth in Schedule 1 hereto; (b) None of its Equipment is or will be subject to any Lien, claim (other than those claims set forth in Schedule 3.9 to the Purchase Agreement), encumbrance or security interest whatsoever, except for the security interest of the Secured Parties, hereunder and Permitted Liens; (c) No Equipment of Grantor is at or shall be kept at any location that is leased by Grantor from any other Person with contractual, statutory or other rights to obtain a lien or security interest, or other right in any Equipment which may take priority over the lien or security interest of the Secured Parties, unless such lessor waives its rights with respect to such Equipment in form and substance acceptable to the Secured Parties and delivered in writing to the Secured Parties prior to such amount of Equipment being at such one or more locations.

Appears in 2 contracts

Samples: Security Agreement (Merlin Software Technologies International Inc), Security Agreement (Merlin Software Technologies International Inc)

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Equipment Representations and Warranties. With respect to its Equipmentequipment, the Grantor warrants and represents to the Secured Parties that the Secured Parties may rely on all statements or representations made by Grantor on or with respect to any Equipment equipment and that: (a) All Equipment equipment (except for any aircraft of the Grantor) is located only at the locations set forth in Schedule 1 hereto; (b) None of its Equipment equipment is or will be subject to any Lienlien, claim (other than those claims set forth in Schedule 3.9 to the Purchase Agreement)claim, encumbrance or security interest whatsoever, except for the security interest of the Secured Parties, hereunder and Permitted Lienshereunder; (c) No Equipment equipment of Grantor is at or shall be kept at any location that is leased by Grantor from any other Person with contractual, statutory or other rights to obtain a lien or security interest, or other right in any Equipment equipment which may take priority over the lien or security interest of the Secured Parties, unless such lessor waives its rights with respect to such Equipment equipment in form and substance acceptable to the Secured Parties and delivered in writing to the Secured Parties prior to such amount of Equipment equipment being at such one or more locations.

Appears in 2 contracts

Samples: Security Agreement (Merlin Software Technologies International Inc), Security Agreement (Merlin Software Technologies International Inc)

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