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

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral related to the Borrowing Base is located on any real property of the Borrower or any other Loan Party that is acquired after the Effective Date and which is not owned by the Borrower or any other Loan Party (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 Agents, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral 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 may, in its reasonable discretion, establish such reserves as it deems necessary with respect to any such Collateral; and

Appears in 1 contract

Samples: Financing Agreement (PRG Schultz International Inc)

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Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral related to with a book value in excess of $250,000 (when aggregated with all other Collateral at the Borrowing Base same location) is located on any real property of the Borrower or any other a Loan Party that (whether such real property is now existing or acquired after the Effective Date and Date) which is not owned by the Borrower or any other a Loan Party (excluding temporary use of office space of customers)Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the AgentsCollateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral located at such premisesCollateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent may, in its reasonable discretion, establish such reserves as it deems necessary with respect to any such Collateral; and

Appears in 1 contract

Samples: Financing Agreement (Eagle Family Foods Inc)

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral related to the Borrowing Base is located on any real property of the Borrower or any other Loan Party that (whether such real property is now existing or acquired after the Effective Date and Date) which is not owned by the Borrower or any other Loan Party (excluding temporary use of office space of customers)Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the Agents, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral 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 may, in its reasonable discretion, establish such reserves as it deems necessary with respect to any such Collateral; and

Appears in 1 contract

Samples: Financing Agreement (PRG Schultz International Inc)

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral related to the Borrowing Base with a book value in excess of $150,000 is located stored on any real property of the Borrower or any other Loan Party that is acquired after the Effective Date and which is not owned by the Borrower or any other Loan Party (excluding temporary use of office space of customers)whether such real property is now existing or acquired after the Effective Date) which is not owned by 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 AgentsCollateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral located at such premisesCollateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent may, in its reasonable discretion, establish such reserves as it deems necessary with respect to any such Collateral; and

Appears in 1 contract

Samples: Financing Agreement (Loud Technologies Inc)

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Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral related to with a book value in excess of $250,000 (when aggregated with all other Collateral at the Borrowing Base same location) is located on any real property of the Borrower or any other a Loan Party that (whether such real property is now existing or acquired after the Effective Date and Date) which is not owned by the Borrower or any other a Loan Party (excluding temporary use of office space of customers)Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the AgentsCollateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral located at such premisesCollateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative any Agent may, in its reasonable discretion, establish such reserves Reserves as it deems necessary with respect to any such Collateral; and

Appears in 1 contract

Samples: Financing Agreement (Zagg INC)

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