Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence of a Default, the Grantor will: (a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places specified by the Lender, whether at the Grantor’s premises or elsewhere; (b) permit the Lender, by the Lender’s representatives and agents, to enter any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral; (c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify; (d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and (e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may request.
Appears in 7 contracts
Samples: Pledge and Security Agreement (Magnetek Inc), Pledge and Security Agreement (Magnetek Inc), Pledge and Security Agreement (Magnetek Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 7 contracts
Samples: Pledge and Security Agreement (Escalade Inc), Pledge and Security Agreement (Intapp, Inc.), Pledge and Security Agreement (PLAYSTUDIOS, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Collateral Agent may request, all in form and substance satisfactory to the LenderCollateral Agent, and furnish to the LenderCollateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Collateral Agent and each Lender, at any time, and from time to time, promptly upon the LenderCollateral Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 7 contracts
Samples: Pledge and Security Agreement (Star Group, L.P.), Pledge and Security Agreement (Star Group, L.P.), Pledge and Security Agreement (Star Group, L.P.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Secured Party after the occurrence of a an Event of Default, the each Grantor will:
(ai) assemble and make available to the Lender Secured Party the Collateral and all books and records relating thereto at any place or places specified by the LenderSecured Party, whether at the a Grantor’s premises or elsewhere;
(bii) permit the LenderSecured Party, by the LenderSecured Party’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the applicable Grantor for such use and occupancy;
(ciii) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Secured Party may request, all in form and substance satisfactory to the LenderSecured Party, and furnish to the LenderSecured Party, or cause an issuer of Pledged Collateral to furnish to the LenderSecured Party, any information regarding the Pledged Collateral in such detail as the Lender Secured Party may specify;
(div) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Secured Party to consummate a public sale or other disposition of the Pledged Collateral; and
(ev) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each LenderSecured Party, at any time, and from time to time, promptly upon the LenderSecured Party’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 5 contracts
Samples: Junior Security Agreement (TILT Holdings Inc.), Junior Security Agreement (TILT Holdings Inc.), Security Agreement (TILT Holdings Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Subordinated Collateral Agent after the occurrence and during the continuance of a an Event of Default, the Grantor will:
(a) assemble and make available to the Lender Subordinated Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderSubordinated Collateral Agent, whether at the Grantor’s premises or elsewhere;
(b) permit the LenderSubordinated Collateral Agent, by the LenderSubordinated Collateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Subordinated Collateral Agent may request, all in form and substance satisfactory to the LenderSubordinated Collateral Agent, and furnish to the LenderSubordinated Collateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderSubordinated Collateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Subordinated Collateral Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Subordinated Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender Subordinated Collateral Agent and each LenderHolder, at any time, and from time to time, promptly upon the LenderSubordinated Collateral Agent’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Bluestem Brands, Inc.), Credit Agreement (Bluestem Brands, Inc.), Securities Purchase Agreement (Bluestem Brands, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuation of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lenderother Secured Party, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Interline Brands, Inc./De), Credit Agreement (Interline Brands, Inc./De), Pledge and Security Agreement (Interline Brands, Inc./De)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Ddi Corp), Pledge and Security Agreement (Altra Holdings, Inc.), Pledge and Security Agreement (Smithfield Foods Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a and during the continuation of an Event Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the such Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay any Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may reasonably request, all in form and substance reasonably satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions reasonably necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s reasonable request, the following reports with respect to the GrantorGrantors: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 3 contracts
Samples: Pledge and Security Agreement, Pledge and Security Agreement (Planet Fitness, Inc.), Pledge and Security Agreement (Planet Fitness, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Holder after the occurrence and during the continuance of a an Event of Default, the Grantor will:
(a) assemble and make available to the Lender Holder the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderHolder, whether at the Grantor’s premises or elsewhere;
(b) permit the LenderHolder, by the LenderHolder’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral (if such issuer is Controlled by a Grantor) to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Holder may request, all in form and substance satisfactory to the LenderHolder, and furnish to the LenderHolder, or cause an issuer of Pledged Collateral (if such issuer is Controlled by a Grantor) to furnish to the LenderHolder, any information regarding the Pledged Collateral in such detail as the Lender Holder may specify;; and
(d) take, or cause an issuer of Pledged Collateral (if such issuer is Controlled by a Grantor) to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Holder to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may request.
Appears in 3 contracts
Samples: Pledge Agreement (Magellan Petroleum Corp /De/), Exchange Agreement (Magellan Petroleum Corp /De/), Exchange Agreement (Magellan Petroleum Corp /De/)
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence and during the occurrence and continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Collateral Agent may request, all in form and substance satisfactory to the LenderCollateral Agent, and furnish to the LenderCollateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each LenderCollateral Agent, at any time, and from time to time, promptly upon the LenderCollateral Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Second Lien Term Loan Credit Agreement (Horizon Global Corp), Credit Agreement (Horizon Global Corp)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuation of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the such Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Clarus Corp), Pledge and Security Agreement (Clarus Corp)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the such Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Vera Bradley, Inc.), Pledge and Security Agreement (SEACOR Marine Holdings Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAgent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAgent, by the LenderAgent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Agent may request, all in form and substance satisfactory to the LenderAgent, and furnish to the LenderAgent, or cause an issuer of Pledged Collateral to furnish to the LenderAgent, any information regarding the Pledged Collateral in such detail as the Lender Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each LenderAgent, at any time, and from time to time, promptly upon the LenderAgent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Wanxiang Group Corp), Pledge and Security Agreement (A123 Systems, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a Default, the Grantor willshall:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Escalade Inc), Pledge and Security Agreement (Escalade Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places specified by the Lender, whether at the a Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the applicable Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Franklin Covey Co), Pledge and Security Agreement (Arotech Corp)
Grantor’s Obligations Upon Default. Upon the request of the Lender after Administrative Agent following the occurrence and during the continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderAdministrative Agent, whether at the such Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each other Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Term Loan Pledge and Security Agreement (Global Brass & Copper Holdings, Inc.), Abl Pledge and Security Agreement (Global Brass & Copper Holdings, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuance of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Fiesta Restaurant Group, Inc.), Pledge and Security Agreement (Fiesta Restaurant Group, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuation of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified in writing (which may be by electronic mail) by the LenderAdministrative Agent, whether at the such Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, agents (i) to enter any premises where all or any part of the Collateral, or the books and records relating theretoto the Collateral are located for the purposes of downloading all or any part of such books and records that are in electronic form and to take possession of and remove all or any part of such books and records, all without any obligation to pay such Grantor for such use and occupancy and (ii) subject to the terms of any lease or bothsublease applicable to such premises, are to enter, occupy and use any premises where all or any part of the Collateral is located, to take possession of all or any part of the such Collateral or the books and records relating thereto, or bothnot described under clause (i), to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of all or any part of the Collateral, without any obligation to pay such Grantor for such use and occupancy (it being acknowledged that the terms of any applicable lease or sublease may require the Administrative Agent to make payments to the lessor or sublessor in respect thereof);
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and that is Controlled by such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral Grantor to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral that is Controlled by such Grantor to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale (other than an offering registered under the Securities Act or an offering pursuant to Rule 144A under the Securities Act) or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor Grantors to prepare and deliver to the Lender and Administrative Agent (for further delivery to each Lender), at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the GrantorGrantors: (i) a reconciliation of all AccountsAccounts constituting Collateral; (ii) an aging of all AccountsAccounts constituting Collateral; (iii) trial balancesbalances of Accounts constituting Collateral; and (iv) a test verification of such Accounts as the Lender may requestconstituting Collateral.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Marketaxess Holdings Inc), Pledge and Security Agreement (Marketaxess Holdings Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Agent after the occurrence and during the occurrence and continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderAgent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAgent, by the LenderAgent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Agent may request, all in form and substance satisfactory to the LenderAgent, and furnish to the LenderAgent, or cause an issuer of Pledged Collateral to furnish to the LenderAgent, any information regarding the Pledged Collateral in such detail as the Lender Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each LenderAgent, at any time, and from time to time, promptly upon the LenderAgent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 2 contracts
Samples: Foreign Facility Guarantee and Collateral Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the such Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay such Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Friedman Industries Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places specified by the Lender, whether at the such Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay such Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Security Agreement (Skyline Corp)
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence of a Default, the Grantor will:
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places specified by the Lender, whether at the Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence and during the continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Collateral Agent may request, all in form and substance satisfactory to the LenderCollateral Agent, and furnish to the LenderCollateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;; and
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may request.
Appears in 1 contract
Samples: Pledge and Security Agreement (Smithfield Foods Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuation of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the CollateralCollateral (other than Medical Equipment in Rental Service), or the books and records relating theretoto Collateral, or both, are located, to take possession of all or any part of the Collateral (other than Medical Equipment in Rental Service) or the books and records relating theretoto Collateral, or both, to remove all or any part of the Collateral (other than Medical Equipment in Rental Service) or the books and records relating theretoto Collateral, or both, and to conduct sales of the Collateral, without any obligation to pay the applicable Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance reasonably satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (InfuSystem Holdings, Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause (if within its control and, if not within its control, use commercially reasonably efforts to cause) an issuer of Pledged Collateral to take, any and all reasonable actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Techteam Global Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the LenderCollateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;
(d) take, or cause (if within its control and, if not within its control, use commercially reasonably efforts to cause) an issuer of Pledged Collateral to take, any and all reasonable actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Collateral Agent and each LenderSecured Party, at any time, and from time to time, promptly upon the LenderCollateral Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence and during the occurrence and continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Collateral Agent may request, all in form and substance satisfactory to the LenderCollateral Agent, and furnish to the LenderCollateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each LenderCollateral Agent, at any time, and from time to to
(f) time, promptly upon the LenderCollateral Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Noteholder Collateral Agent after the occurrence and during the continuance of a an Event of Default, subject to the terms, conditions and provisions of the Intercreditor Agreement, each Grantor will:
(a) assemble and make available to the Lender Noteholder Collateral Agent the tangible Collateral and all books and records relating thereto at any place or places specified by the LenderNoteholder Collateral Agent, whether at the a Grantor’s premises or elsewhere;; and
(b) permit the LenderNoteholder Collateral Agent, by the LenderNoteholder Collateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;, without any obligation to pay the Grantor for such use and occupancy.
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the LenderNoteholder Collateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderNoteholder Collateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Noteholder Collateral Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(ed) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Noteholder Collateral Agent and each LenderNoteholder Secured Party, at any time, and from time to time, promptly upon the LenderNoteholder Collateral Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuance of a an Event of Default, the Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Bluestem Brands, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence and during the continuation of a Default, the Grantor will:
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places specified by the Lender, whether at the Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Supreme Industries Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Secured Party after the occurrence of a an Event of Default, the each Grantor willshall promptly:
(a) assemble and make available to the Lender Secured Party the Collateral and all books and records relating thereto at any place or places specified by the LenderSecured Party, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderSecured Party, by the LenderSecured Party’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the applicable Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Secured Party may request, all in form and substance satisfactory to the LenderSecured Party, and furnish to the LenderSecured Party, or cause an issuer of Pledged Collateral to furnish to the LenderSecured Party, any information regarding the Pledged Collateral in such detail as the Lender Secured Party may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Secured Party to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each LenderSecured Party, at any time, and from time to time, promptly upon the LenderSecured Party’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence and during the continuation of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Collateral Agent may request, all in form and substance satisfactory to the LenderCollateral Agent, and furnish to the LenderCollateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;; and
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may request.
Appears in 1 contract
Samples: Pledge and Security Agreement (Chefs' Warehouse, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuation of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;; and
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may request.
Appears in 1 contract
Samples: Pledge and Security Agreement (Chefs' Warehouse, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a and during the continuance of an Event of Default, subject to the terms of the ABL-Term Loan Intercreditor Agreement, each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderAdministrative Agent, whether at the a Grantor’s 's premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the Lender’s Administrative Agent's representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance reasonably satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may reasonably specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, use commercially reasonable efforts to cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent, the Canadian Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon At the request of the Lender after Administrative Agent upon the occurrence and during the continuation of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specifyReserved;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; provided, that, no Grantor shall be required to take any actions to register or qualify any Pledged Collateral under any federal or state securities laws or any other similar or equivalent rules or regulations; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAgent, whether at the a Grantor’s 's premises or elsewhere;
(b) permit the LenderAgent, by the Lender’s Agent's representatives and agents, to enter any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Agent may request, all in form and substance satisfactory to the LenderAgent, and furnish to the LenderAgent, or cause an issuer of Pledged Collateral to furnish to the LenderAgent, any information regarding the Pledged Collateral in such detail as the Lender Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Agent and each Lender, at any time, and from time to time, promptly upon the Lender’s Agent's request, the following reports with respect to the applicable Grantor: :
(i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Newpark Resources Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence of a Default, the Grantor will:
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places reasonably specified by the Lender, whether at the Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Material Sciences Corp)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the such Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral Interests to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral Interests as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral Interests to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral Interests in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral Interests to take, any and all actions necessary to register or qualify the Pledged Collateral Interests to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged CollateralInterests; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause (if within its control and, if not, use commercially reasonable efforts to cause) an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender US Administrative Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender US Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderUS Administrative Agent, whether at the Grantor’s Grantors' premises or elsewhere;
(b) permit the LenderUS Administrative Agent, by the Lender’s US Administrative Agent's representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay any Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender US Administrative Agent may request, all in form and substance satisfactory to the LenderUS Administrative Agent, and furnish to the LenderUS Administrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderUS Administrative Agent, any information regarding the Pledged Collateral in such detail as the Lender US Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender US Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor Grantors to prepare and deliver to the Lender US Administrative Agent and each Lender, at any time, and from time to time, promptly upon the Lender’s US Administrative Agent's request, the following reports with respect to the each Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places specified by the Lender, whether at the such Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Par Technology Corp)
Grantor’s Obligations Upon Default. Upon the request of the Lender Holder after the occurrence and during the continuance of a an Event of Default, the Grantor will:
: (a) assemble a)assemble and make available to the Lender Holder the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderHolder, whether at the Grantor’s premises or elsewhere;
; (b) permit b)permit the LenderHolder, by the LenderHolder’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;
, without any obligation to pay the Grantor for such use and occupancy; (c) prepare c)prepare and file, or cause an issuer of Pledged Collateral (if such issuer is Controlled by a Grantor) to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Holder may request, all in form and substance satisfactory to the LenderHolder, and furnish to the LenderHolder, or cause an issuer of Pledged Collateral (if such issuer is Controlled by a Grantor) to furnish to the LenderHolder, any information regarding the Pledged Collateral in such detail as the Lender Holder may specify;
; and (d) taked)take, or cause an issuer of Pledged Collateral (if such issuer is Controlled by a Grantor) to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Holder to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may request.
Appears in 1 contract
Samples: Exchange Agreement
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agentsCollateral Agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an the issuer of any Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Collateral Agent may request, all in form and substance satisfactory to the LenderCollateral Agent, and furnish to the LenderCollateral Agent, or cause an the issuer of any Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause request that the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Collateral Agent and each Lender, at any time, and from time to time, promptly upon the LenderCollateral Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Lev Pharmaceuticals Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a and during the continuance of an Event of Default, subject to the terms of the ABL-Term Loan Intercreditor Agreement, each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderAdministrative Agent, whether at the a Grantor’s 's premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the Lender’s Administrative Agent's representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance reasonably satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may reasonably specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, use commercially reasonable efforts to cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent, the Canadian Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the Grantor’s Grantors’ premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay any Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor Grantors to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the each Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s 's premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the Lender’s Administrative Agent's representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the Lender’s Administrative Agent's request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Smithfield Foods Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuation of a an Event of Default, the Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Superior Offshore International Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuance of a an Event of Default, the Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender Administrative Agent and each Canadian Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon Subject to the Intercreditor Agreement, upon the request of the Lender Collateral Agent after the occurrence and during the continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) after the Discharge of First Priority Credit Agreement Secured Obligations, permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) after the Discharge of First Priority Credit Agreement Secured Obligations, prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lendernecessary, and furnish to the Lender, Collateral Agent or cause an issuer of Pledged Collateral to furnish to the Lender, Collateral Agent any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, Collateral Agent the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Altra Holdings, Inc.)
Grantor’s Obligations Upon Default. Upon At the request of the Lender after Administrative Agent upon the occurrence and during the continuance of a Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the such Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay such Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence and during the continuance of a an Event of Default, the each Grantor will:
: (a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
; (b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;
, without any obligation to pay the Grantor for such use and occupancy; (c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Collateral Agent may request, all in form and substance satisfactory to the LenderCollateral Agent, and furnish to the LenderCollateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;; (d) upon receipt by it of any revenue, income, profits or other sums in which a security interest is granted by this Security Agreement, payable pursuant to any agreement or otherwise, or of any check, draft, note, trade acceptance or other instrument evidencing an obligation to pay any such sum, hold the sum or instrument in trust for the Collateral Agent (for the benefit of the Collateral Agent and the Secured Parties), segregate such sum or instrument from their own assets and forthwith, without any notice, demand or other action whatsoever (all notices, demands, or other actions on the part of the Collateral Agent being expressly waived), endorse, transfer and deliver any such sums or instruments or both, to the Collateral Agent to be applied in accordance with the provisions of Section 7.3 hereof; and
(de) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral. ARTICLE VI ATTORNEY IN FACT; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestPROXY 6.
Appears in 1 contract
Samples: Pledge and Security Agreement
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuation of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission SEC or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition Disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the applicable Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Collateral Agent after the occurrence and during the continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Collateral Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderCollateral Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderCollateral Agent, by the LenderCollateral Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Collateral Agent may request, all in form and substance satisfactory to the LenderCollateral Agent, and furnish to the LenderCollateral Agent, or cause an issuer of Pledged Collateral to furnish to the LenderCollateral Agent, any information regarding the Pledged Collateral in such detail as the Lender Collateral Agent may specify;
(d) upon receipt by it of any revenue, income, profits or other sums in which a security interest is granted by this Security Agreement, payable pursuant to any agreement or otherwise, or of any check, draft, note, trade acceptance or other instrument evidencing an obligation to pay any such sum, hold the sum or instrument in trust for the Collateral Agent (for the benefit of the Collateral Agent and the Secured Parties), segregate such sum or instrument from their own assets and forthwith, without any notice, demand or other action whatsoever (all notices, demands, or other actions on the part of the Collateral Agent being expressly waived), endorse, transfer and deliver any such sums or instruments or both, to the Collateral Agent to be applied in accordance with the provisions of Section 7.3 hereof; and
(e) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Collateral Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may request.
Appears in 1 contract
Samples: Pledge and Security Agreement (Lions Gate Entertainment Corp /Cn/)
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence of a Default, the each Grantor will:: AUS:0041907/00169:445549v8 11
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places specified by the Lender, whether at the a Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Macquarie CNL Global Income Trust, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Agent after the occurrence and during the occurrence and continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderAgent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAgent, by the LenderAgent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Agent may request, all in form and substance satisfactory to the LenderAgent, and furnish to the LenderAgent, or cause an issuer of Pledged Collateral to furnish to the LenderAgent, any information regarding the Pledged Collateral in such detail as the Lender Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each LenderAgent, at any time, and from time to time, promptly upon the LenderAgent’s request, the following reports with respect to the applicable Grantor: :
(i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Foreign Facility Guarantee and Collateral Agreement
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence and during the continuation of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places reasonably specified by the Lender, whether at the a Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the CollateralCollateral (other than Medical Equipment in Rental Service), or the books and records relating theretoto Collateral, or both, are located, to take possession of all or any part of the Collateral (other than Medical Equipment in Rental Service) or the books and records relating theretoto Collateral, or both, to remove all or any part of the Collateral (other than Medical Equipment in Rental Service) or the books and records relating theretoto Collateral, or both, and to conduct sales of the Collateral, without any obligation to pay the applicable Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to timelime, promptly upon the Lender’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (InfuSystem Holdings, Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Agent after the occurrence of a Default, the each Grantor will:
(a) assemble and make available to the Lender Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAgent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAgent, by the LenderAgent’s representatives and agents, to enter any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Agent may request, all in form and substance satisfactory to the LenderAgent, and furnish to the LenderAgent, or cause an issuer of Pledged Collateral to furnish to the LenderAgent, any information regarding the Pledged Collateral in such detail as the Lender Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Agent and each Lender, at any time, and from time to time, promptly upon the LenderAgent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Action Performance Companies Inc)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuance of a an Event of Default, the Grantor will:
: (a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the Grantor’s premises or elsewhere;
; (b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral;
, without any obligation to pay the Grantor for such use and occupancy; (c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
; (d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
and (e) at its own expense, cause the independent certified public accountants then engaged by the Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement
Grantor’s Obligations Upon Default. Upon the request of the Lender after the occurrence and during the continuance of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender the Collateral and all books and records relating thereto at any place or places specified by the Lender, whether at the such Grantor’s premises or elsewhere;
(b) permit the Lender, by the Lender’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay such Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender may request, all in form and substance satisfactory to the Lender, and furnish to the Lender, or cause an issuer of Pledged Collateral to furnish to the Lender, any information regarding the Pledged Collateral in such detail as the Lender may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the such Grantor to prepare and deliver to the Lender and each Lender, at any time, and from time to time, promptly upon the Lender’s request, the following reports with respect to the such Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Servicesource International, Inc.)
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence of a and during the continuance of an Event of Default, subject to the terms of the ABL-Term Loan Intercreditor Agreement, each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places reasonably specified by the LenderAdministrative Agent, whether at the a Grantor’s 's premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the Lender’s Administrative Agent's representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance reasonably satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may reasonably specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, use commercially reasonable efforts to cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent, the Canadian Administrative Agent and each Canadian Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Grantor’s Obligations Upon Default. Upon the request of the Lender Administrative Agent after the occurrence and during the continuation of a an Event of Default, the each Grantor will:
(a) assemble and make available to the Lender Administrative Agent the Collateral and all books and records relating thereto at any place or places specified by the LenderAdministrative Agent, whether at the a Grantor’s premises or elsewhere;
(b) permit the LenderAdministrative Agent, by the LenderAdministrative Agent’s representatives and agents, to enter enter, occupy and use any premises where all or any part of the Collateral, or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or the books and records relating thereto, or both, and to conduct sales of the Collateral, without any obligation to pay the Grantor for such use and occupancy;
(c) prepare and file, or cause an issuer of Pledged Collateral to prepare and file, with the Securities and Exchange Commission or any other applicable government agency, registration statements, a prospectus and such other documentation in connection with the Pledged Collateral as the Lender Administrative Agent may request, all in form and substance satisfactory to the LenderAdministrative Agent, and furnish to the LenderAdministrative Agent, or cause an issuer of Pledged Collateral to furnish to the LenderAdministrative Agent, any information regarding the Pledged Collateral in such detail as the Lender Administrative Agent may specify;
(d) take, or cause an issuer of Pledged Collateral to take, any and all actions necessary to register or qualify the Pledged Collateral to enable the Lender Administrative Agent to consummate a public sale or other disposition of the Pledged Collateral; and
(e) at its own expense, cause the independent certified public accountants then engaged by the each Grantor to prepare and deliver to the Lender Administrative Agent and each Lender, at any time, and from time to time, promptly upon the LenderAdministrative Agent’s request, the following reports with respect to the applicable Grantor: (i) a reconciliation of all Accounts; (ii) an aging of all Accounts; (iii) trial balances; and (iv) a test verification of such Accounts as the Lender may requestAccounts.
Appears in 1 contract
Samples: Pledge and Security Agreement (Chefs' Warehouse, Inc.)
