Common use of Modifications and Substitutions Clause in Contracts

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Collateral which cannot be removed without materially damaging the functional capabilities or economic value of the Collateral. Upon return of the Collateral to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral as necessary to return the Collateral to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Section, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the Collateral, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower’s obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Collateral as so modified or substituted.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (RathGibson Inc)

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Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Collateral Property which cannot be removed without materially damaging the functional capabilities or economic value of the CollateralProperty. Upon return of the Collateral Property to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral Property as necessary to return the Collateral Property to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Section, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the CollateralProperty, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower’s 's obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Collateral Property as so modified or substituted.

Appears in 2 contracts

Samples: Tax Exempt Loan Agreement (International Absorbents Inc), Taxable Rate Loan Agreement (International Absorbents Inc)

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Collateral Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the CollateralEquipment. Upon return of the Collateral Equipment to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral Equipment as necessary to return the Collateral Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Section, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the CollateralEquipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower’s obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Collateral Equipment as so modified or substituted.

Appears in 1 contract

Samples: Loan Agreement (International Absorbents Inc)

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Collateral Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the CollateralEquipment. Upon return of the Collateral Equipment to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral Equipment as necessary to return the Collateral Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Sectionsection, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the CollateralEquipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower’s 's obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Collateral Equipment as so modified or substituted.

Appears in 1 contract

Samples: Loan Agreement (Westerbeke Corp)

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Collateral Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the CollateralEquipment. Upon return transfer of the Collateral Equipment to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral Equipment as necessary to return the Collateral Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Sectionsection, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the CollateralEquipment, other parts, elements, portions, equipment or facilitiesfacilities of similar function and value; provided, however, that any substitutions made pursuant to Borrower’s 's obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Collateral Equipment as so modified or substituted.

Appears in 1 contract

Samples: Loan Agreement (Secom General Corp)

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Collateral Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the CollateralEquipment. Upon return transfer of the Collateral Equipment to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral Equipment as necessary to return the Collateral Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Sectionsection, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the CollateralEquipment, other parts, elements, portions, equipment or facilities; facilities of similar function and value, provided, however, that any substitutions made pursuant to Borrower’s 's obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Collateral Equipment as so modified or substituted.

Appears in 1 contract

Samples: Loan Agreement (Secom General Corp)

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Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Collateral Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the CollateralEquipment. Upon return of the Collateral Equipment to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral Equipment as necessary to return the Collateral Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Sectionsection, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the CollateralEquipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower’s 's obligations to make repairs referenced under any provision of this Loan Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Collateral Equipment as so modified or substituted.

Appears in 1 contract

Samples: Loan Agreement (American Materials & Technologies Corp)

Modifications and Substitutions. (a) Borrower Lessee will not make any material alterations, modifications or additions to the Collateral which cannot be removed without materially damaging the functional capabilities or economic value of the Collateral. Upon return delivery of the Collateral to Lender Bondholder and at the request of LenderBondholder, BorrowerLessee, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral as necessary to return the Collateral to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Section, Borrower Lessee may, with the prior written consent of LenderBondholder, substitute for parts, elements, portions or all of the Collateral, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to BorrowerLessee’s obligations to make repairs referenced under any provision of this Lease Agreement shall not require such prior written consent. Borrower Lessee shall provide such documents or assurances as Lender Bondholder may reasonably request to maintain or confirm the security interest assigned to Lender Bondholder in the Collateral as so modified or substituted.

Appears in 1 contract

Samples: Lease Agreement (Systemax Inc)

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Collateral which Equipment that cannot be removed without materially damaging the functional capabilities or economic value of the CollateralEquipment. Upon return of the Collateral Equipment to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Collateral Equipment as necessary to return the Collateral Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Section, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the CollateralEquipment, other parts, elements, portions, equipment or facilities; provided, however, provided that any substitutions made pursuant to Borrower’s 's obligations to make repairs referenced under any provision of this Agreement shall not require such any prior written consent. Borrower shall provide such any documents or assurances as that Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Collateral Equipment as so modified or substituted.

Appears in 1 contract

Samples: Loan Agreement (En Pointe Technologies Inc)

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