Common use of Membership/Partnership Interests Clause in Contracts

Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 44 contracts

Samples: Term Loan Credit and Security Agreement (Hudson Technologies Inc /Ny), Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (TCP International Holdings Ltd.)

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Membership/Partnership Interests. Elect to treat Designate or permit any of its their Subsidiaries to (xa) treat its their limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of the Uniform Commercial Code or (yb) certificate its their limited liability company membership interests or partnership interests, as the case may beapplicable.

Appears in 13 contracts

Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.), Revolving Credit, Term Loan and Security Agreement (Quality Gold Holdings, Inc.), Revolving Credit and Security Agreement (Build-a-Bear Workshop Inc)

Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 4 contracts

Samples: Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.), Term Loan and Security Agreement (Boot Barn Holdings, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.)

Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries to (xa) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or by the Securities Transfer Act of any Canadian jurisdiction, or (yb) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 3 contracts

Samples: Revolving Credit, Term Loan, Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)

Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries Subsidiaries, if applicable, to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (Research Pharmaceutical Services, Inc.), Revolving Credit and Security Agreement (Research Pharmaceutical Services, Inc.), Revolving Credit and Security Agreement (Research Pharmaceutical Services, Inc.)

Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of "security" in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (General Finance CORP)

Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries to (xa) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (yb) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Emtec Inc/Nj), Revolving Credit and Term Loan Agreement (FCStone Group, Inc.)

Membership/Partnership Interests. Elect to treat or permit any of its Domestic Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 2 contracts

Samples: Term Loan Credit and Security Agreement (EVINE Live Inc.), Revolving Credit and Security Agreement (Valuevision Media Inc)

Membership/Partnership Interests. Elect to treat Treat or permit any of its Subsidiaries to (xa) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (yb) certificate its limited liability company membership interests or partnership interests, as the case may be, unless, in each case, such certificates are contemporaneously with such treatment delivered to Agent together with an endorsement in blank.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Virco MFG Corporation)

Membership/Partnership Interests. Elect to treat or permit Permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or the Securities Transfer Act, 2008 (Ontario), or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Katy Industries Inc)

Membership/Partnership Interests. Elect Unless consented to by Agent in writing, elect to treat or permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Integrated Biopharma Inc)

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Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) except as set forth on Schedule 7.19 (so long as the same has been delivered to Agent in accordance with the Pledge Agreement) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Horizon Offshore Inc)

Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.by

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Amrep Corp.)

Membership/Partnership Interests. Elect to treat or permit Permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Kitty Hawk Inc)

Membership/Partnership Interests. Elect to treat Elect, or permit any of its Subsidiaries to elect, (x) to treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) to certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Hutchinson Technology Inc)

Membership/Partnership Interests. Elect to treat or permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or by the Securities Transfer Act of any Canadian jurisdiction, (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)

Membership/Partnership Interests. Elect to treat or permit any -------------------------------- of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of "security" in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Air Methods Corp)

Membership/Partnership Interests. Elect Unless consented to by Investor in writing, elect to treat or permit any of its Subsidiaries to (x) treat its limited liability company membership interests or partnership interests, as the case may be, as securities as contemplated by the definition of “security” in Section 8-102(15) and by Section 8-103 of Article 8 of Uniform Commercial Code or (y) certificate its limited liability company membership interests or partnership interests, as the case may be.

Appears in 1 contract

Samples: Securities Purchase Agreement (Integrated Biopharma Inc)

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