Common use of Landlord Waivers; Collateral Access Agreements Clause in Contracts

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at the same location) is located on any real property of a Loan Party (whether such real property is now owned or is acquired after the Interim Facility Effective Date) which is not owned by a Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Collateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral (it being understood that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent shall, at the direction of the Collateral Agent using its reasonable discretion, establish such reserves against Availability as the Collateral Agent deems necessary with respect to any such Collateral); and (ii) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at the same location) is located on any premises not owned by a Loan Party, use commercially reasonable efforts to obtain written access agreements, in form and substance reasonably satisfactory to the Collateral Agent, providing access to Collateral located on such premises in order to remove such Collateral from such premises during an Event of Default (it being understood that in the event the Loan Parties are unable to obtain any such written access agreements, the Administrative Agent shall, at the direction of the Collateral Agent using its reasonable discretion, establish such reserves against Availability as the Collateral Agent deems necessary with respect to any such Collateral).

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property of a Loan Party (whether such real property is now owned existing or is acquired after the Interim Facility Effective Date) which is not owned by a Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Collateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral (it being understood Collateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral); and (ii) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at the same location) is located on any premises not owned by a Loan Party, use commercially reasonable efforts to obtain written access agreements, in form and substance reasonably satisfactory to the Collateral Agent, providing access to Collateral located on such any premises not owned by a Loan Party in order to remove such Collateral from such premises during an Event of Default (it being understood Default; provided, that in the event the Loan Parties are unable to obtain any such written access agreements, the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral).

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at the same location) $150,000 is located stored on any real property of a any Borrower or any other Loan Party (whether such real property is now owned existing or is acquired after the Interim Facility Effective Date) which is not owned by a such Borrower or any other Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Collateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral (it being understood Collateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral); and (ii) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at the same location) is located on any premises not owned by a Loan Party, use Use commercially reasonable efforts to obtain written access agreements, in form and substance reasonably satisfactory to the Collateral Agent, providing access to Collateral located with a book value in excess of $150,000 stored on such any premises not owned by any Borrower or any other Loan Party in order to remove such Collateral from such premises during an Event of Default (it being understood Default; provided, that in the event the Loan Parties are unable to obtain any such written access agreements, the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral); provided that with respect to locations in Canada, the Netherlands, and China, the Loan Parties shall only be required to perform the actions in clauses (i) and (ii) upon the request of Collateral Agent.

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property of a the Borrower or any other Loan Party (whether such real property is now owned existing or is acquired after the Interim Facility Effective Date) which is not owned by a any Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Collateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral (it being understood Collateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral); and (ii) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at the same location) is located on any premises not owned by a Loan Party, use Use commercially reasonable efforts to obtain written access agreements, in form and substance reasonably satisfactory to the Collateral Agent, providing access to Collateral located on such any premises not owned by any Loan Party in order to remove such Collateral from such premises during an Event of Default (it being understood Default; provided, that in the event the Loan Parties are unable to obtain any such written access agreements, the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral).

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at related to the same location) Borrowing Base is located on any real property of a the Borrower or any other Loan Party (whether such real property is now owned existing or is acquired after the Interim Facility Effective Date) which is not owned by a the Borrower or any other Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Collateral AgentAgents, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral (it being understood located at such premises; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral); and (ii) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at the same location) is located on any premises not owned by a Loan Party, use Use commercially reasonable efforts to obtain written access agreements, in form and substance reasonably satisfactory to the Collateral AgentAgents, providing access to Collateral related to the Borrowing Base located on such any premises not owned by the Borrower or any other Loan Party in order to remove such Collateral or books and records from such premises during an Event of Default (it being understood Default; provided, that in the event the Loan Parties are unable to obtain any such written access agreements, the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral).

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property of a Loan Party (whether such real property is now owned existing or is acquired after the Interim Facility Effective Date) which is not owned by a Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Collateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral (it being understood Collateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative any Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability Reserves as the Collateral Agent it deems necessary with respect to any such Collateral); and (ii) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located stored on any the premises not owned by of a Loan Partybailee, warehouseman, or similar party, use commercially reasonable efforts to obtain written access agreements, in form and substance reasonably satisfactory to the Collateral Agent, providing for access to Collateral located on such premises in order to remove such Collateral from such premises during an Event of Default (it being understood Default; provided, that in the event the Loan Parties are unable to obtain any such written access agreements, the Administrative any Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability Reserves as the Collateral Agent it deems necessary with respect to any such Collateral).

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at related to the same location) Borrowing Base is located on any real property of a the Borrower or any other Loan Party (whether such real property is now owned or that is acquired after the Interim Facility Effective Date) Date and which is not owned by a the Borrower or any other Loan PartyParty (excluding temporary use of office space of customers), use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Collateral AgentAgents, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral (it being understood located at such premises; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral); and (ii) At any time any Collateral with a book value in excess of 250,000 (when aggregated with all other Collateral at the same location) is located on any premises not owned by a Loan Party, use Use commercially reasonable efforts to obtain written access agreements, in form and substance reasonably satisfactory to the Collateral AgentAgents, providing access to Collateral related to the Borrowing Base located on such any new premises not owned by the Borrower or any other Loan Party (excluding temporary use of office space of customers) in order to remove such Collateral or books and records from such premises during an Event of Default (it being understood Default; provided, that in the event the Loan Parties are unable to obtain any such written access agreements, the Administrative Agent shallmay, at the direction of the Collateral Agent using in its reasonable discretion, establish such reserves against Availability as the Collateral Agent it deems necessary with respect to any such Collateral).

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property of a Loan Party (whether such real property is now owned or is acquired after the Interim Facility Effective Date) which is not owned by a Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Collateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral (it being understood that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent shall, at the direction of the Collateral Agent using its reasonable discretion, establish such reserves against Availability as the Collateral Agent deems necessary with respect to any such Collateral); and (ii) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any premises not owned by a Loan Party, use commercially reasonable efforts to to, obtain written access agreements, in form and substance reasonably satisfactory to the Collateral Agent, providing access to Collateral located on such premises in order to remove such Collateral from such premises during an Event of Default (it being understood that in the event the Loan Parties are unable to obtain any such written access agreements, the Administrative Agent shall, at the direction of the Collateral Agent using its reasonable discretion, establish such reserves against Availability as the Collateral Agent deems necessary with respect to any such Collateral).