Common use of Location and Maintenance of Equipment Clause in Contracts

Location and Maintenance of Equipment. (i) The Equipment shall at all times, be in each Borrower's physical possession, shall not be held by others on consignment, sale on approval, or sale or return and shall be kept only at: 12515,12525,12533,and 00000 Xxxxxxx Xxx, Xxxxxxxxx, Xxxxxxxxxx 00000; 0000 Xxxx Xx Xxxxxxx Xxxx., Xxxxxxxxx, Xxxxxxxxxx 00000; 0000 Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxxxx, Xxxxxxxxxxx 00000; 0000 X. Xxxxxxxx, Xxxx Xxxxx, Xxxxxxxxx 00000; 000 Xxxxxxxx Boulevard, Ewing, New Jersey, 08618; and 00000 Xxxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxxxx 00000. (ii) Each Borrower shall not secrete, abandon or remove, or permit the removal of, the Equipment, or any part thereof, from the location(s) shown above or remove or permit to be removed any accessories now or hereafter placed upon the Equipment. (iii) Upon the Bank's demand, each Borrower shall provide the Bank with a complete and accurate description of the Equipment including, as applicable, the make, model, identification number and serial number of each item of Equipment. In addition, each Borrower shall notify the Bank of the acquisition of any new or additional Equipment or the replacement of any existing Equipment and shall supply the Bank with a complete description of any such additional or replacement Equipment. (iv) The Borrowers shall, at the Borrowers' sole cost and expense, keep and maintain the Equipment in a good state of repair and shall not destroy, misuse, abuse, illegally use or be negligent in the care of the Equipment or any part thereof. The Borrowers shall not remove, destroy, obliterate, change, cover, paint, deface or alter the name plates, serial numbers, labels or other distinguishing numbers or identification marks placed upon the Equipment or any part thereof by or on behalf of the manufacturer, any dealer or rebuilder thereof, or the Bank. Each Borrower shall not be released from any liability to the Bank hereunder because of any injury to or loss or destruction of the Equipment. The Borrowers shall allow the Bank and its representatives free access to and the right to inspect the Equipment at all times and shall comply with the terms and conditions of any leases covering the real property on which the Equipment is located and any orders, ordinances, laws, regulations or rules of any federal, state or municipal agency or authority having jurisdiction of such real property or the conduct of the business of the persons having control or possession of the Equipment. (v) The Equipment is not now and shall not at any time hereafter be so affixed to the real property on which it is located as to become a fixture or a part thereof. The Equipment is now and shall at all times hereafter be and remain personal property of the Borrowers.

Location and Maintenance of Equipment. (i1) The Equipment shall at all times, times be in each Borrower's the Debtor’s physical possession, shall not be held by others on consignment, sale on approval, or for sale or return lease, and shall be kept only at: 12515,12525,12533,and 00000 Xxxxxxx Xxxat corporate headquarters located at 000 Xxxx Xxxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx XX 00000; 0000 Xxxx Xx Xxxxxxx Xxxx., Xxxxxxxxx, Xxxxxxxxxx 00000; 0000 Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxxxx, Xxxxxxxxxxx 00000; 0000 X. Xxxxxxxx, the Virginia office located at 000 Xxxxxx Xxxx Xxxxx, Xxxxxxxxx 00000; 000 Xxxxxxxx Boulevard, Ewing, New Jersey, 08618; and 00000 Xxxxxxx XxxxxxxxxXxxxx 000, Xxxxxxx, Xxxxxxxxxx XX 00000. (ii) Each Borrower ; the Oregon office located at 00000 XX Xxxxxxx Road, Suite 100, Hillsboro, OR 97124; the Utah office located at 0000 Xxxx 0000 Xxxxx, Xxxxx X, Xxxx Xxxx Xxxx, XX 00000, and/or the Maryland office located at 000 Xxxxxxxx Xxxxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxxx Xxxxxxxx, XX 00000. The Debtor shall not secrete, abandon or remove, or permit the removal of, the Equipment, or any part thereof, from the location(s) shown above or remove or permit to be removed any accessories now or hereafter placed upon the Equipment. (iii2) Upon the Bank's ’s demand, each Borrower the Debtor shall immediately provide the Bank with a complete and accurate description of the Equipment including, as applicable, the make, model, identification number and serial number of each item of Equipment. In addition, each Borrower the Debtor shall immediately notify the Bank of the acquisition of any new or additional Equipment or the replacement of any existing Equipment and shall supply the Bank with a complete description of any such additional or replacement Equipment. (iv3) The Borrowers Debtor shall, at the Borrowers' Debtor’s sole cost and expense, keep and maintain the Equipment in a good state of repair and shall not destroy, misuse, abuse, illegally use or be negligent in the care of the Equipment or any part thereof. The Borrowers Debtor shall not remove, destroy, obliterate, change, cover, paint, deface or alter after the name plates, serial numbers, labels or other distinguishing numbers or identification marks placed upon the Equipment or any part thereof by or on behalf of the manufacturer, any dealer or rebuilder thereof, or the Bank. Each Borrower The Debtor shall not be released from any liability to the Bank hereunder because of any injury to or loss or destruction of the Equipment. The Borrowers Debtor shall allow the Bank and its representatives free access to and the right to inspect the Equipment at all times and shall comply with the terms and conditions of any leases covering the real property on which the Equipment is located and any orders, ordinances, laws, regulations or rules of any federal, state or municipal agency or authority having jurisdiction of such real property or the conduct of the business of the persons having control or possession of the Equipment. (v4) The Equipment is not now and shall not at any time hereafter be so affixed to the real property on which it is located as to become a fixture or a part thereof. The Equipment is now and shall at all times hereafter be and remain personal property of the BorrowersDebtor.

Location and Maintenance of Equipment. (i) The Equipment shall at all times, times be in each the Borrower's physical possession, shall not be held by others on consignment, sale on approval, or for sale or return lease, and shall be kept only at: at the following location(s): 12515,12525,12533,and 00000 Xxxxxxx Xxx, Xxxxxxxxx, Xxxxxxxxxx 00000; 0000 Xxxx Xx Xxxxxxx Xxxx., Xxxxxxxxx, Xxxxxxxxxx 00000; 0000 Xxxxxxxxxx Xxxxxx, Xxxxx Xxxxxxx, Xxxxxxxxxxx 00000; 0000 X. Xxxxxxxx, Xxxx Xxxxx, Xxxxxxxxx 00000; 000 Xxxxxxxx BoulevardXxxxxxxxx, Ewing, New Jersey, 08618; 000 Xxxx Xxxxxx Xx., Xxxxxx, XX 00000 and 00000 Xxxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxxxx 00000. (ii) Each . except in the ordinary course of subiness. The Borrower shall not secrete, abandon or remove, or permit the removal of, the Equipment, or any part thereof, from the location(s) shown above or remove or permit to be removed any accessories now or hereafter placed upon the Equipment. (iiiii) Upon the Bank's demand, each the Borrower shall immediately provide the Bank with a complete and accurate description of the Equipment including, as applicable, the make, model, identification number and serial number of each item of Equipment. In addition, each the Borrower shall immediately notify the Bank of the acquisition of any new or additional Equipment or the replacement of any existing Equipment and shall supply the Bank with a complete description of any such additional or replacement Equipment. (iviii) The Borrowers Borrower shall, at the Borrowers' Borrower's sole cost and expense, keep and maintain the Equipment in a good state of repair and shall not destroy, misuse, abuse, illegally use or be negligent in the care of the Equipment or any part thereof. The Borrowers Borrower shall not remove, destroy, obliterate, change, cover, paint, deface or alter the name plates, serial numbers, labels or other distinguishing numbers or identification marks placed upon the Equipment or any part thereof by or on behalf of the manufacturer, any dealer or rebuilder thereof, or the Bank. Each The Borrower shall not be released from any liability to the Bank hereunder because of any injury to or loss or destruction of the Equipment. The Borrowers Borrower shall allow the Bank and its representatives free access to and the right to inspect the Equipment at all times during normal business hours and upon reasonable notice and shall comply with the terms and conditions of any leases covering the real property on which the Equipment is located and any orders, ordinances, laws, regulations or rules of any federal, state or municipal agency or authority having jurisdiction of such real property or the conduct of the business of the persons having control or possession of the Equipment. (viv) The Equipment is not now and shall not at any time hereafter be so affixed to the real property on which it is located as to become a fixture or a part thereof. The Equipment is now and shall at all times hereafter be and remain personal property of the BorrowersBorrower.