Landlord Waivers; Bailee Waivers. In the event that Borrower or any Subsidiary of Borrower that is a co-Borrower or Guarantor under this Agreement, after the Effective Date, intends to add any new offices or business locations, including warehouses, or otherwise store any portion of the Collateral (other than Transitory Collateral) with, or deliver any portion of the Collateral to, a bailee, in each case pursuant to Section 7.2, then Borrower or such Subsidiary will first provide written notice to Collateral Agent and in the event that the Collateral (excluding Transitory Collateral) at any new location is valued in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) in the aggregate, such bailee or landlord, as applicable, must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Collateral Agent prior to the addition of any such new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be.
Appears in 4 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (ConforMIS Inc), Loan and Security Agreement (ConforMIS Inc)
Landlord Waivers; Bailee Waivers. In the event that Borrower or any Subsidiary of Borrower that is a co-Borrower or Guarantor under this Agreementits Subsidiaries, after the Effective Date, intends to add any new offices or business locations, including warehouses, or otherwise store any portion of the Collateral (other than Transitory Collateralwith new manufacturers provided Borrower provides prior written notice to Collateral Agent) with, or deliver any portion of the Collateral to, a bailee, in each case pursuant to Section 7.27.2 and in each case excluding Excluded Property, then Borrower or such Subsidiary will first provide receive the written notice to consent of Collateral Agent and and, in the event that the Collateral (excluding Transitory Collateral) at any new location is valued in excess of Two Five Hundred Fifty Thousand Dollars ($250,000.00500,000.00) in the aggregate, such bailee or landlord, as applicable, must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Collateral Agent prior to the addition of any such new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cerus Corp), Loan and Security Agreement (Cerus Corp)
Landlord Waivers; Bailee Waivers. In the event that Borrower or any Subsidiary of Borrower that is a co-Borrower or Guarantor under this Agreementits Subsidiaries, after the Effective Date, intends to add any new offices or business locations, including warehouses, or otherwise store any portion of the Collateral (other than Transitory Collateral) with, or deliver any portion of the Collateral (other than Transitory Collateral) to, a bailee, in each case pursuant to Section 7.2, then Borrower or such Subsidiary will first provide written notice to Collateral Agent and and, in the event that the Collateral (excluding Transitory Collateral) at any new location is valued in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) in the aggregate, at Collateral Agent’s election, such bailee or landlord, as applicable, must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Collateral Agent prior to the addition of any such new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be.. 6.10
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Landlord Waivers; Bailee Waivers. In the event that Borrower or any Subsidiary of Borrower that is a co-Borrower or Guarantor under this Agreementits Subsidiaries, after the Effective Date, intends to add any new offices or business locations, including warehouses, or otherwise store any portion of the Collateral (other than Transitory Collateral) with, or deliver any portion of the Collateral (other than movable items of personal property such as laptop computers) to, a bailee, in each case pursuant to Section 7.2, then Borrower or such Subsidiary will first provide receive the written notice to consent of Collateral Agent and and, in the event that the new location is the chief executive office of the Borrower or such Subsidiary or the Collateral (excluding Transitory Collateral) at any such new location is valued in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) in the aggregate, such bailee or landlord, as applicable, must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Collateral Agent prior to the addition of any such new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be.
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Landlord Waivers; Bailee Waivers. In the event that Borrower or any Subsidiary of Borrower that is a co-Borrower or Guarantor under this Agreementits Subsidiaries, after the Effective Date, intends to add any new offices or business locations, including warehouses, or otherwise store any portion of the Collateral (other than Transitory Collateral) with, or deliver any portion of the Collateral (other than any Diagnostic System located at the premises of a customer pursuant to a Reagent Rental Agreement) to, a bailee, in each case pursuant to in accordance with Section 7.2, then Borrower or such Subsidiary will first provide written notice to Collateral Agent and then, in the event that the Collateral (excluding Transitory Collateralother than any Diagnostic System located at the premises of a customer pursuant to a Reagent Rental Agreement) at any new location is valued (based on book value) in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) [***] in the aggregate, at Collateral Agent’s reasonable election, such bailee or landlord, as applicable, must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Collateral Agent prior to the addition of any such new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be.
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Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.)