Common use of Inventory Warranties and Representations Clause in Contracts

Inventory Warranties and Representations. With respect to its Inventory, Borrower represents and warrants to Lender that Lender may rely on all statements or representations made by Borrower on or with respect to any such Schedule of Inventory, and, unless otherwise indicated in writing by Borrower and consented to by Lender that all Inventory listed on the Schedule of Inventory: (a) will be located on the premises listed in Exhibit A attached hereto; (b) shall not at any time be stored with a bailee, warehouseman or similar party without Lender's prior written consent, and if Lender gives such consent, Borrower will concurrently therewith cause any such bailee, warehouseman or similar party to issue and deliver to Lender in form and substance acceptable to Lender, warehouse receipts therefor in Lender's name; and (c) will be new Inventory of good and merchantable quality, substantially free from defects. If the requirements set forth in paragraphs (a), (b) and (c) of this Section 10.2 are not met, then Lender may deem ineligible such Inventory, but Lender shall retain its security interest in all Inventory, eligible or ineligible, until all Obligations to Lender have been paid and satisfied in full.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pluma Inc), Loan and Security Agreement (Pluma Inc)

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Inventory Warranties and Representations. With respect to its the Borrower's Inventory, Borrower represents the Credit Parties represent and warrants warrant to Lender the Agent that Lender the Agent may rely on all statements or representations made by the Borrower on or with respect to any such Schedule of Inventory, and, unless otherwise indicated in writing by the Borrower and consented to by Lender the Agent that all Inventory listed on the Schedule of Inventory: (a) will be located on the premises listed in Exhibit A Schedule 6.19(b) attached hereto; (b) shall not at any time be stored with a bailee, warehouseman or similar party without Lenderthe Agent's prior written consent, and if Lender the Agent gives such consent, the Borrower will concurrently therewith cause any such bailee, warehouseman or similar party to issue and deliver to Lender the Agent in form and substance acceptable to Lenderthe Agent, warehouse receipts therefor in Lenderthe Agent's name; and (c) will be new Inventory of good and merchantable quality, substantially free from defects. If the requirements set forth in paragraphs (a), (b) and (c) of this Section 10.2 6.24 are not met, then Lender the Agent may deem ineligible such Inventory, but Lender the Agent shall retain its security interest in all Inventory, eligible or ineligible, until all Obligations to Lender have been paid and satisfied in full.

Appears in 1 contract

Samples: Credit Agreement (Pluma Inc)

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Inventory Warranties and Representations. With respect to its Inventory, each Borrower represents and warrants to Lender that Lender may rely on all statements or representations made by such Borrower on or with respect to any such Schedule of Inventory, and, unless otherwise indicated in writing by Borrower and consented to by Lender such Borrower, that all Inventory listed on the Schedule of Inventory: (a) will be located on the premises listed in Exhibit Disclosure Schedule A attached hereto; (b) shall not at any time be stored with a bailee, warehouseman or similar party without Lender's ’s prior written consent, and if Lender gives has given such consent, such Borrower will concurrently therewith cause any such bailee, warehouseman or similar party to issue and deliver to Lender in form and substance acceptable to Lender, warehouse receipts therefor in Lender's ’s name; and (c) will be new Inventory of good and merchantable quality, substantially free from defects. If the requirements set forth in paragraphs (a)any warranty or representation is breached as to any Inventory, (b) and (c) then, without waiving any Event of this Section 10.2 are not metDefault, then Lender may deem ineligible such InventoryInventory ineligible, but Lender shall retain its security interest in all Inventory, eligible or ineligible, Inventory until all Obligations of Borrowers to Lender have been paid and satisfied in full.

Appears in 1 contract

Samples: Loan and Security Agreement (Blue Star Foods Corp.)

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