Common use of Location of Collateral; Consignment of Inventory Clause in Contracts

Location of Collateral; Consignment of Inventory. All tangible Collateral, other than "Inventory" (as defined under the Prior Credit Agreement) in-transit and "Inventory" (as defined under the Prior Credit Agreement) sold in the ordinary course of business, has, at all times, been kept by the Borrowers at one or more of the business locations of the Borrowers set forth in Schedule 5.11. The Administrative Agent's (on behalf of itself and on behalf of the Issuing Banks and the Lenders) security interest in such Inventory is and continues to be a duly perfected, first priority Lien thereon; neither the Borrowers' nor the Administrative Agent's right of entry upon the premises where such Inventory is stored or its right to remove the Inventory therefrom, is in any way restricted; the owner of such premises, and any bailee, warehouseman or similar party that will be in possession of such Inventory, shall have executed and delivered to the Administrative Agent an agreement, in form and substance reasonably acceptable to the Administrative Agent, waiving any landlord's, bailee's, warehouseman's or other Lien in respect of the Inventory for unpaid rent or storage charges; and all negotiable documents and receipts in respect of any Collateral maintained at such premises are promptly delivered to the Administrative Agent.

Location of Collateral; Consignment of Inventory. All tangible Collateral, other than "Inventory" (as defined under the Prior Amended Credit Agreement) in-transit and "Inventory" (as defined under the Prior Amended Credit Agreement) sold in the ordinary course of business, has, at all times, been kept by the Borrowers at one or more of the business locations of the Borrowers set forth in Schedule 5.11. The Administrative Agent's (on behalf of itself and on behalf of the Issuing Banks and the Lenders) security interest in such Inventory is and continues to be a duly perfected, first priority Lien thereon; neither the Borrowers' nor the Administrative Agent's right of entry upon the premises where such Inventory is stored or its right to remove the Inventory therefrom, is in any way restricted; the owner of such premises, and any bailee, warehouseman or similar party that will be in possession of such Inventory, shall have executed and delivered to the Administrative Agent an agreement, in form and substance reasonably acceptable to the Administrative Agent, waiving any landlord's, bailee's, warehouseman's or other Lien in respect of the Inventory for unpaid rent or storage charges; and all negotiable documents and receipts in respect of any Collateral maintained at such premises are promptly delivered to the Administrative Agent.

Location of Collateral; Consignment of Inventory. All tangible Collateral, other than "Inventory" (as defined under the Prior Credit Agreement) in-Inventory in transit and "Inventory" (as defined under the Prior Credit Agreement) Inventory sold in the ordinary course Ordinary Course of businessBusiness, has, will at all times, been times be kept by the Borrowers and their Subsidiaries at one or more of the business locations of the Borrowers or their Subsidiaries set forth in Schedule 5.115.3. The Inventory shall not, without the prior written approval of the Agents, be moved therefrom except as permitted in the immediately preceding sentence and so long as no Event of Default exists, (i) sales or other dispositions of assets permitted pursuant to Section 7.6 hereof and (ii) the storage of Inventory at locations within the continental United States other than those specified in the first sentence of this Section 5.3 if (A) Borrowers give the Agents written notice of the new storage location outside of (x) the state, or (y) if the Uniform Commercial Code as in effect in such state has a county filing requirement, the county, in which it is currently stored at least thirty (30) days prior to storing Inventory at such location, (B) the Administrative Agent's (on behalf of itself and on behalf of the Issuing Banks and the Lenders) ’s security interest in such Inventory is and continues to be a duly perfected, first priority Lien thereon; , and (C) neither the Borrowers' ’ nor the Administrative an Agent's ’s right of entry upon the premises where such Inventory is stored or its right to remove the Inventory therefrom, is in any way restricted; more restricted than at the owner of such premises, and any bailee, warehouseman or similar party that will be in possession prior location of such Inventory, shall have executed and delivered to the Administrative Agent an agreement, in form and substance reasonably acceptable to the Administrative Agent, waiving any landlord's, bailee's, warehouseman's or other Lien in respect of the Inventory for unpaid rent or storage charges; and all negotiable documents and receipts in respect of any Collateral maintained at such premises are promptly delivered to the Administrative Agent.

Location of Collateral; Consignment of Inventory. All tangible Collateral, other than "Inventory" (as defined under the Prior Credit Agreement) Inventory in-transit and "Inventory" (as defined under the Prior Credit Agreement) Inventory sold in the ordinary course of business, has, will at all times, been times be kept by the Borrowers at one or more of the business locations of the Borrowers set forth in Schedule 5.11. The Inventory shall not, without the prior written approval of the Administrative Agent, be moved therefrom except (a) as permitted in the immediately preceding sentence and (b) prior to an Event of Default, (i) sales or other dispositions of assets permitted pursuant to Section 7.7 hereof and (ii) the storage of Inventory at locations within the continental United States other than those specified in the first sentence of this Section 5.11 if (A) the Borrowers give the Administrative Agent written notice of the new storage location at least thirty (30) days prior to storing Inventory at such location, (B) the Administrative Agent's (on behalf of itself and on behalf of the Issuing Banks and the Lenders) security interest in such Inventory is and continues to be a duly perfected, first priority Lien thereon; , (C) neither the Borrowers' nor the Administrative Agent's right of entry upon the premises where such Inventory is stored or its right to remove the Inventory therefrom, is in any way restricted; , (D) the owner of such premises, and any bailee, warehouseman or similar party that will be in possession of such Inventory, shall have executed and delivered to the Administrative Agent an agreement, in form and substance reasonably acceptable to the Administrative Agent, waiving any landlord's, bailee's, warehouseman's or other Lien in respect of the Inventory for unpaid rent or storage charges; , and (E) all negotiable documents and receipts in respect of any Collateral maintained at such premises are promptly delivered to the Administrative Agent.

Location of Collateral; Consignment of Inventory. All tangible Collateral, other than "Inventory" (as defined under the Prior Credit Agreement) Inventory in-transit and "Inventory" (as defined under the Prior Credit Agreement) Inventory sold in the ordinary course of business, has, will at all times, been times be kept by the Borrowers at one or more of the business locations of the Borrowers set forth in Schedule 5.11. The Inventory shall not, without the prior written approval of the Administrative Agent, be moved therefrom except as permitted in the immediately preceding sentence and prior to an Event of Default, (i) sales or other dispositions of assets permitted pursuant to Section 7.7 hereof and (ii) the storage of Inventory at locations within the continental United States other than those specified in the first sentence of this Section 5.11 if (A) the Borrowers give the Administrative Agent written notice of the new storage location at least thirty (30) days prior to storing Inventory at such location, (B) the Administrative Agent's (on behalf of itself and on behalf of the Issuing Banks and the Lenders) security interest in such Inventory is and continues to be a duly perfected, first priority Lien thereon; , (C) neither the Borrowers' nor the Administrative Agent's right of entry upon the premises where such Inventory is stored or its right to remove the Inventory therefrom, is in any way restricted; , (D) the owner of such premises, and any bailee, warehouseman or similar party that will be in possession of such Inventory, shall have executed and delivered to the Administrative Agent an agreement, in form and substance reasonably acceptable to the Administrative Agent, waiving any landlord's, bailee's, warehouseman's or other Lien in respect of the Inventory for unpaid rent or storage charges; , and (E) all negotiable documents and receipts in respect of any Collateral maintained at such premises are promptly delivered to the Administrative Agent.