Common use of Inventory Warranties Clause in Contracts

Inventory Warranties. With respect to Inventory scheduled, listed or referred to in any Monthly Report or Borrowing Base Certificate, Borrower represents and warrants that, except as disclosed in such Monthly Reports or Borrowing Base Certificate (i) such Inventory is located at one of the Facilities or locations set forth on Schedule 11.29, (ii) Borrower or a Guarantor has good, indefeasible and merchantable title to such Inventory and such Inventory is not subject to any Lien or document whatsoever except for the prior, first perfected Lien granted to Lender hereunder, (iii) such Inventory is of good and merchantable quality, free from any defects and is not goods returned to Borrower or a Guarantor by or repossessed from an Account Debtor or goods taken in trade, (iv) such Inventory is not subject to any licensing, patent, royalty, trademark, trade name or copyright agreements with any third parties which materially restricts the ability of Borrower or a Guarantor or, in the case of the exercise of its remedies, Agent to sell the Inventory, (v) the completion of manufacture, sale or other disposition of such Inventory by Agent following an Event of Default shall not require the consent of any Person and shall not constitute a breach or default under any contract or agreement to which Borrower or a Guarantor is a party or to which the Inventory is subject, and (vi) no Inventory has been produced in violation of the Fair Labor Standards Act so as to be subject to the so-called "hot goods" provision contained in Title 29 U.S.C., Section 215(a)(1).

Inventory Warranties. With respect to Inventory scheduled, listed or referred to in any Monthly Report or Borrowing Base CertificateCertificate as to a Borrower, Borrower represents Borrowers represent and warrants warrant that, except as disclosed in such Monthly Reports or Borrowing Base Certificate (i) such Inventory is located at one of the Facilities or locations set forth on Schedule 11.29SCHEDULE 10.29 as to such Borrower, (ii) such Borrower or a Guarantor has good, indefeasible and merchantable title to such Inventory and such Inventory is not subject to any Lien or document whatsoever except for the prior, first perfected Lien granted to Lender hereunder, (iii) such Inventory is of good and merchantable quality, free from any defects and is not goods returned to Borrower or a Guarantor Borrowers by or repossessed from an Account Debtor or goods taken in trade, PROVIDED, however, that Inventory returned, undamaged, from an Account Debtor within thirty (30) days of shipment thereof shall not be deemed ineligible if it otherwise complies with this SECTION 9.5 (iv) such Inventory is not subject to any licensing, patent, royalty, trademark, trade name or copyright agreements with any third parties which materially restricts the ability of Borrower or a Guarantor Borrowers or, in the case of the exercise of its remedies, Agent Lender to sell the Inventory, (v) the completion of manufacture, sale or other disposition of such Inventory by Agent Lender following an Event of Default shall not require the consent of any Person and shall not constitute a breach or default under any contract or agreement to which Borrower or a Guarantor is Borrowers are a party or to which the Inventory is subject, and (vi) no Inventory has been produced in violation of the Fair Labor Standards Act so as to be subject to the so-called "hot goods" provision contained in Title 29 U.S.C., Section 215(a)(1).

Inventory Warranties. With respect to Inventory scheduled, listed or referred to in any Monthly Report or Borrowing Base Certificate, the Borrower represents and warrants that, except as disclosed in such Monthly Reports Report or Borrowing Base Certificate (i) such Inventory is located at one of the Facilities or locations set forth on Schedule 11.29Exhibit 8.6, (ii) the Borrower or a Guarantor has good, indefeasible and merchantable title to such its Inventory and such Inventory is not subject to any Lien or document whatsoever except for the prior, first perfected Lien granted to Lender the Agent hereunder, (iii) such Inventory is of good and merchantable quality, free from any defects and is not goods returned to Borrower or a Guarantor by or repossessed from an Account Debtor or goods taken in trade, (iv) such Inventory is not subject to any licensing, patent, royalty, trademark, trade name or copyright agreements with any third parties which materially restricts the ability of Borrower or a Guarantor or, in the case of the exercise of its remedies, Agent to sell the Inventory, (v) the completion of manufacture, sale or other disposition of such Inventory by the Agent following an Event of Default shall not require the consent of any Person and shall not constitute a breach or default under any contract or agreement to which the Borrower or a Guarantor is a party or to which the Inventory is subject, (v) such Inventory is not subject to any licensing, patent, royalty, trademark, tradename or copyright agreements with any third parties which materially restricts the ability of the Borrower or, in the case of the exercise of its remedies, the Agent on behalf of the Lenders to sell such Inventory, and (vi) no Inventory has been produced in violation of the Fair Labor Standards Act so as to be subject to the so-called "hot goods" provision contained in Title 29 U.S.C., Section 215(a)(1).

Inventory Warranties. With respect to Inventory scheduled, listed or referred to in any Monthly Report or Borrowing Base Certificate, each Borrower represents and warrants that, except as disclosed in such Monthly Reports or Borrowing Base Certificate (i) such Inventory is located at one of the Facilities or locations set forth on Schedule 11.2910.29 as to such Borrower, (ii) such Borrower or a Guarantor has good, indefeasible and merchantable title to such Inventory and such Inventory is not subject to any Lien or document whatsoever except for the prior, first perfected Lien granted to Lender hereunder, (iii) such Inventory is of good and merchantable quality, free from any defects and is not goods returned to such Borrower or a Guarantor by or repossessed from an Account Debtor or goods taken in trade, (iv) such Inventory is not subject to any licensing, patent, royalty, trademark, trade name or copyright agreements with any third parties which materially restricts the ability of such Borrower or a Guarantor or, in the case of the exercise of its remedies, Agent Lender to sell the Inventory, (v) the completion of manufacture, sale or other disposition of such Inventory by Agent Lender following an Event of Default shall not require the consent of any Person and shall not constitute a breach or default under any contract or agreement to which such Borrower or a Guarantor is a party or to which the Inventory is subject, and (vi) no Inventory has been produced in violation of the Fair Labor Standards Act so as to be subject to the so-called "hot goods" provision contained in Title 29 U.S.C., Section 215(a)(1).