Common use of First Lien and Locations of Collateral Clause in Contracts

First Lien and Locations of Collateral. Each Borrower warrants and -------------------------------------- represents to and covenants with Bank that: (a) as of the Closing Date, Bank's security interest in the Collateral is and at all times hereafter shall be perfected and have a first priority; (b) the offices and/or locations where each Borrower keeps the Collateral consisting of personal property, and the books and records concerning the Collateral, consisting of books and records with respect to both real and personal property, are at the locations specified on Schedule -------- 7.4 and no Borrower shall remove such books and records and/or the Collateral --- therefrom and shall not keep any of such books and records and/or the Collateral at any other office or location without the prior written consent of Bank; and (c) the addresses specified on Schedule 7.4 include and designate each ------------ Borrower's executive offices, chief place of business and other offices and places of business and are Borrowers' sole offices and places of business. Borrowers, by written notice delivered to Bank at least thirty (30) days prior thereto, shall advise Bank of any Borrower's opening of any new office or place of business or its closing of any existing office or place of business and any new office or place of business shall be within the continental United States of America. There are no liens on the Collateral other than the lien of Bank pursuant hereto and Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Partners L P)

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First Lien and Locations of Collateral. Each Borrower warrants and -------------------------------------- represents to and covenants with Bank (after giving effect to the Acquisition) that: (a) as of the Closing Date, Bank's security interest in the Collateral is now and at all times hereafter shall be perfected and have a first prioritypriority other than Permitted Liens; (b) the offices and/or locations where each Borrower keeps the Collateral consisting of personal property, property and the books and records concerning the Collateral, consisting of books and records with respect to both real and personal property, Collateral are at the locations specified on Schedule -------- 7.4 and no Borrower shall not remove such books and records and/or the Collateral --- therefrom and shall not keep any of such books and records and/or the Collateral at any other office or location without the prior written consent of Bank; and (c) the addresses specified on Schedule 7.4 include and designate each ------------ Borrower's chief executive officesoffice, chief place of business and other offices and places of business and are Borrowers' Borrower's sole offices and places of business. BorrowersBorrower, by written notice delivered to Bank at least thirty (30) days prior thereto, shall advise Bank of any Borrower's opening of any new office or place of business or its closing of any existing office or place of business and any new office or place of business shall be within the continental United States of America. There are no liens on the Collateral other than the lien of Bank pursuant hereto and Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Technology Inc)

First Lien and Locations of Collateral. Each Borrower warrants and -------------------------------------- represents to and covenants with Bank that: (a) as of the Closing Date, Bank's security interest in the Collateral is now and at all times hereafter shall be perfected and have a first prioritypriority other than Permitted Liens; (b) the offices and/or locations where each Borrower keeps the Collateral consisting of personal property, property and the books and records concerning the Collateral, consisting of books and records with respect to both real and personal property, Collateral are at the locations specified on Schedule -------- SCHEDULE 7.4 and no Borrower shall not remove such books and records and/or the Collateral --- therefrom and shall not keep any of such books and records and/or the Collateral at any other office or location without the prior written consent of Bank; and (c) the addresses specified on Schedule SCHEDULE 7.4 include and designate each ------------ Borrower's chief executive officesoffice, chief place of business and other offices and places of business and are Borrowers' Borrower's sole offices and places of business. BorrowersBorrower, by written notice delivered to Bank at least thirty (30) days prior thereto, shall advise Bank of any Borrower's opening of any new office or place of business or its closing of any existing office or place of business business, and any new office or place of business shall be within the continental United States of America. There are no liens on the Collateral other than the lien of Bank pursuant hereto and Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Prism Financial Corp)

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First Lien and Locations of Collateral. Each Borrower warrants and -------------------------------------- represents to and covenants with Bank that: (a) as of the Closing Date, Bank's security interest in the Collateral is and at all times hereafter shall be perfected and have a first priority; (b) the offices and/or locations where each Borrower keeps the Collateral consisting of personal property, and the books and records concerning the Collateral, consisting of books and records with respect to both real and personal property, are at the locations specified on Schedule -------- 7.4 and no Borrower shall not remove such books and ------------ records and/or the Collateral --- therefrom and shall not keep any of such books and records and/or the Collateral at any other office or location without the prior written consent of Bank; and (c) the addresses specified on Schedule 7.4 include ------------ and designate each ------------ Borrower's executive offices, chief place of business and other offices and places of business and are Borrowers' Borrower's sole offices and places of business. BorrowersBorrower, by written notice delivered to Bank at least thirty (30) days prior thereto, shall advise Bank of any Borrower's opening of any new office or place of business or its closing of any existing office or place of business and any new office or place of business shall be within the continental United States of America. There are no liens on the Collateral other than the lien of Bank pursuant hereto and Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Heartland Partners L P)

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