Landlord’s and Warehouseman’s Waivers. Borrower will cause each owner of any premises occupied by Borrower or to be occupied by Borrower and each warehouseman of any warehouse, where, in either event Collateral is held, to execute and deliver to Lender an instrument, in form and substance satisfactory to Lender, under which such owner(s) or warehouseman subordinates its/his/their interests in and waives its/his/their right to distrain on or foreclose against the Collateral and agrees to allow Lender to remain on such premises to dispose of or deal with any Collateral located thereon.
Landlord’s and Warehouseman’s Waivers. Companies will use commercially reasonable efforts to cause each owner of any premises occupied by Companies or to be occupied by Companies and each warehouseman of any warehouse, where, in either event Collateral is held, to execute and deliver to Agent a Collateral Access Agreement under which such owner(s) or warehouseman subordinates its/his/their interests in and waives its/his/their right to distrain on or foreclose against the Collateral and agrees to allow Agent to remain on such premises to dispose of or deal with any Collateral located thereon.
Landlord’s and Warehouseman’s Waivers. Borrower will promptly, at Lxxxxx’s request, cause each owner of any premises occupied by a Borrower or to be occupied by a Borrower and each warehouseman of any warehouse, where, in either event Collateral is held, to execute and deliver to Lender an instrument, in form and substance satisfactory to Lender, under which such owner(s) or warehouseman subordinates its/his/their interests in and waives its/his/their right to distrain on or foreclose against the Collateral and agrees to allow Lxxxxx to remain on such premises to dispose of or deal with any Collateral located thereon.
Landlord’s and Warehouseman’s Waivers. Borrower will use all reasonable efforts to cause each owner of any premises occupied by Borrower and any other Obligor or to be occupied by Borrower and any other Obligor, and each warehouseman of any warehouse, where, in either event, Collateral is held, to execute and deliver to Agent an instrument, in form and substance satisfactory to Agent, under which such owner(s) or warehouseman subordinates its/his/their interests in and waives its/his/their right to distrain on or foreclose against the Collateral and agrees to allow Agent to remain on such premises to dispose of or deal with any Collateral located thereon.
Landlord’s and Warehouseman’s Waivers. Borrower will, at Lender’s request, use commercially reasonable efforts to cause each owner of any premises occupied by a Borrower or to be occupied by a Borrower and each warehouseman of any warehouse, where, in either event Collateral is held, to execute and deliver to Lender an instrument, in form and substance satisfactory to Lender, under which such owner(s) or warehouseman subordinates its/his/their interests in and waives its/his/their right to distrain on or foreclose against the Collateral and agrees to allow Lender to remain on such premises to dispose of or deal with any Collateral located thereon. The failure of Borrower to obtain the foregoing after using commercially reasonable efforts to do so shall not constitute an Event of Default.
Landlord’s and Warehouseman’s Waivers. Seller will cause each owner of any premises occupied by Seller or to be occupied by Seller and each warehouseman of any warehouse, where, in either event Collateral is held, to execute and deliver to FGI an instrument, in form and substance satisfactory to FGI, under which such owner(s) or warehouseman subordinates its/his/their interests in and waives its/his/their right to distrain on or foreclose against the Collateral and agrees to allow FGI to remain on such premises to dispose of or deal with any Collateral located thereon.
Landlord’s and Warehouseman’s Waivers. The Company represents that as of the date hereof, there are no leased locations and warehouse locations where any Collateral is located. The Company shall cause the owners of any leased locations established after the Initial Closing Date to execute and deliver to the Lenders an instrument (in form satisfactory to the Majority Lenders) by which each such owner waives its right to distrain on any of the Collateral, and by which each such owner grants to the Lenders the right (but not the obligation) to cure any default by the Company under the applicable lease (each, a “Landlord’s Waiver”), and the Company shall be required to deliver duly executed Landlord’s Waivers in form and substance satisfactory to the Majority Lenders with respect to any such location, upon the renewal, extension, modification or other amendment of such lease. In addition, the Company shall use commercially reasonable efforts to cause the owners of any warehouse locations which the Company establishes after the Initial Closing Date to execute and deliver to the Lenders an instrument (in form satisfactory to the Majority Lenders) by which each such owner waives its right to distrain on any of the Collateral (the “Warehouseman’s Waiver”). For purposes of this Section 10.3, the term “warehouse locations” shall exclude any customer or airport location where the Company maintains product with a fair market value of less than $5,000 so long as the aggregate fair market value of all products maintained by the Company at all such locations does not exceed $75,000.
