Location of Assets in Other Jurisdictions. Except for any Property being delivered to a Customer in the ordinary course of business of such Obligor as part of the performance of its obligations, or the provision of its services, to such Customer in the ordinary course of business of such Obligor, locate any Property (other than natural gas) outside of the jurisdictions identified in Schedule 9.04(14) or move any Property from one jurisdiction to another jurisdiction where the movement of such Property would cause the Encumbrance of the Security over such Property to cease to be perfected under Applicable Law, or knowingly suffer or permit in any other manner any of its Property to not be subject to the Encumbrance of the Security or to be or become located in a jurisdiction as a result of which the Encumbrance of Security over such Property is not perfected, unless (x) the applicable Obligor has first given 21 days prior written notice thereof to the Agent, and (y) such Obligor has first executed and delivered to the Agent all Security and all financing or registration statements in form and substance satisfactory to the Agent which the Agent or its counsel, acting reasonably, from time to time deem necessary or advisable to ensure that the Security at all times constitutes a perfected first priority Encumbrance (subject only to Permitted Encumbrances) over such Property notwithstanding the movement or location of such Property as aforesaid together with such supporting certificates, resolutions, opinions and other documents as the Agent may deem necessary or desirable in connection with such security and registrations.
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Samples: Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.)
Location of Assets in Other Jurisdictions. Except It will not, except for any Property property being delivered to a Customer customer in the ordinary course of business of such Obligor as part of the performance of its obligations, or the provision of its services, to such Customer customer under a contract or arrangement entered into with such customer in the ordinary course of business of such Obligor, locate acquire any Property (other than natural gas) property outside of the jurisdictions identified in Schedule 9.04(14) I, move its chief executive office from the jurisdiction identified in Schedule I or move any Property property from one jurisdiction to another jurisdiction where the movement of such Property property or office would cause the Encumbrance of the Security over such Property property to cease to be perfected under Applicable Law, or knowingly suffer or permit in any other manner any of its Property property to not be subject to the Encumbrance of the Security or to be or become located in a jurisdiction as a result of which the Encumbrance of Security over such Property property is not perfected, unless (x) the applicable Obligor has first given 21 30 days prior written notice thereof to the Agent, Agent and (y) such the applicable Obligor has first executed and delivered to the Agent all Security Documents and all financing or registration statements in form and substance satisfactory to the Agent which the Agent or its counsel, acting reasonably, from time to time deem necessary or advisable to ensure that the Security Documents at all times constitutes constitute a perfected first priority Encumbrance Lien (subject only to Permitted EncumbrancesLiens) over such Property property notwithstanding the movement or location of such Property property as aforesaid together with such supporting certificates, resolutions, opinions and other documents as the Agent may deem necessary or desirable in connection with such security and registrations.
Appears in 3 contracts
Samples: Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)
Location of Assets in Other Jurisdictions. Except for any No Obligor shall, except in the case of Property being delivered to a Customer customer in the ordinary course of business of such Obligor as part of the performance of its obligations, or the provision of its services, to such Customer in the ordinary course of business of such Obligorunder a contract entered into with that customer, locate any Property (other than natural gas1) outside of the jurisdictions identified in Schedule 9.04(14) or move any Property from one a jurisdiction to another jurisdiction where the movement of such Property would cause in which the Encumbrance of the Security over such Property is perfected to cease to be a jurisdiction where that Encumbrance is not perfected under Applicable Lawor where, after a temporary period allowing for registration in such other jurisdiction, that Encumbrance could become unperfected, or knowingly (2) suffer or permit in any other manner any of its Property to not be subject to the that Encumbrance of the Security or to be or become located in a jurisdiction as a result of in which the that Encumbrance of Security over such Property is not perfected, unless unless:
(xi) the applicable Obligor has first given 21 thirty (30) days prior written notice thereof to the Agent, and Indemnified Party; and
(yii) such the applicable Obligor has first executed and delivered to the Agent Indemnified Party all Security and all financing or registration statements deemed necessary or admissible by, and in form and substance satisfactory to the Agent which the Agent or Indemnified Party in its counselsole discretion, acting reasonably, from time to time deem necessary or advisable to ensure that the Security at all times constitutes a perfected first priority Encumbrance (subject only to Permitted Encumbrances) over such Property notwithstanding the movement or location of in such Property as aforesaid jurisdiction, together with such any supporting certificates, resolutions, opinions and other documents as the Agent Indemnified Party may deem necessary or desirable in its sole discretion, in connection with such security and registrations.
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