Common use of Location and Possession of Collateral Clause in Contracts

Location and Possession of Collateral. The Collateral is and shall remain in the possession of Borrower or its bailee at its location as set forth in the Perfection Certificate (the “Permitted Locations”) or any other location as long as Borrower provides Administrative Agent with notice of such new location within 10 days of entry into such location and, in the event that the Collateral at any new location is valued in excess of Two Hundred Thousand Dollars ($200,000.00) in the aggregate, at Administrative Agent’s election, Borrower shall use commercially reasonable efforts to cause such bailee or landlord, as applicable, to execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Administrative Agent. Borrower shall remain in full possession, enjoyment and control of the Collateral (except only as may be otherwise required by Administrative Agent for perfection of the security interests therein created hereunder) and so long as no Event of Default has occurred and is continuing, shall be entitled to manage, operate and use the same and each part thereof with the rights and franchises appertaining thereto; provided that the possession, enjoyment, control and use of the Collateral shall at all times be subject to the observance and performance of the terms of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Taysha Gene Therapies, Inc.)

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Location and Possession of Collateral. The Collateral is and shall remain in the possession of Borrower or its bailee at its location as set forth in the Perfection Certificate (the “Permitted Locations”) or any other location as long as Borrower provides Administrative Agent with notice of such new location within 10 otherwise approved by Lender in its sole discretion in writing ten (10) days of entry into such location prior to relocation and, in the event that the Collateral at any new location is valued in excess of Two Hundred Thousand Dollars ($200,000.00) in the aggregatelocation, at Administrative AgentLender’s election, Borrower shall use commercially reasonable efforts to cause such bailee or landlord, as applicable, to must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Administrative AgentLender prior to the addition of any new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be. Borrower shall remain in full possession, enjoyment and control of the Collateral (except only as may be otherwise required by Administrative Agent Lender for perfection of the security interests therein created hereunder) and so long as no Event of Default has occurred and is continuing, shall be entitled to manage, operate and use the same and each part thereof with the rights and franchises appertaining thereto; provided that the possession, enjoyment, control and use of the Collateral shall at all times be subject to the observance and performance of the terms of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Gores Holdings VIII Inc.)

Location and Possession of Collateral. The Collateral is and shall remain in the possession of Borrower or its bailee at its location listed on the cover page hereof or as set forth in the Perfection Certificate (the “Permitted Locations”) or any other location as long as Borrower provides Administrative Agent with notice of such new location within 10 otherwise approved by Lender in its sole discretion in writing ten (10) days of entry into such location prior to relocation and, in the event that the Collateral at any new location is valued in excess of Two One Hundred Thousand Dollars ($200,000.00100,000.00) in the aggregate, at Administrative AgentLender’s election, Borrower shall use commercially reasonable efforts to cause such bailee or landlord, as applicable, to must execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Administrative AgentLender prior to the addition of any new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be. Borrower shall remain in full possession, enjoyment and control of the Collateral (except only as may be otherwise required by Administrative Agent Lender for perfection of the security interests therein created hereunder) and so long as no Event of Default has occurred and is continuing, shall be entitled to manage, operate and use the same and each part thereof with the rights and franchises appertaining thereto; provided that the possession, enjoyment, control and use of the Collateral shall at all times be subject to the observance and performance of the terms of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Augmedix, Inc.)

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Location and Possession of Collateral. The Collateral (other than Collateral in transit or temporarily relocated for repair or maintenance, immaterial equipment in the possession of employees, and other Collateral having a value not in excess of Seven Hundred and Fifty Thousand Dollars ($750,000)) is and shall remain in the possession of Borrower or its bailee at its location as set forth in the Perfection Certificate (the “Permitted Locations”) or any such other location as locations so long as Borrower provides Administrative Agent with notice of such new location within 10 days of entry into such location and, in the event that the Collateral at any new location is valued in excess of Two Seven Hundred and Fifty Thousand Dollars ($200,000.00750,000) in the aggregate, at Administrative AgentLender’s election, Borrower shall use commercially reasonable efforts to cause direct such bailee or landlord, as applicable, to execute and deliver a bailee waiver or landlord waiver, as applicable, in form and substance reasonably satisfactory to Administrative AgentLender prior to the addition of any new offices or business locations, or any such storage with or delivery to any such bailee, as the case may be. Borrower shall remain in full possession, enjoyment and control of the Collateral (except only as may be otherwise required by Administrative Agent Lender for perfection of the security interests therein created hereunder) and so long as no Event of Default has occurred and is continuing, shall be entitled to manage, operate and use the same and each part thereof with the rights and franchises appertaining thereto; provided that the possession, enjoyment, control and use of the Collateral shall at all times be subject to the observance and performance of the terms of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Growth Capital Acquisition Corp.)

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