Common use of Notice of Commercial Tort Claims Clause in Contracts

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim, (a) such Grantor shall immediately deliver to Agent, in each case in form and substance satisfactory to Agent, a notice of the existence and nature of such Commercial Tort Claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claim, (b) Section 3.1 hereof shall apply to such Commercial Tort Claim and (iii) such Grantor shall execute and deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, any document, and take all other action, deemed by Agent to be reasonably necessary or appropriate for Agent to obtain, for the benefit of the Secured Parties, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claims. Any supplement to Schedule 1 delivered pursuant to this Section shall, after the receipt thereof by Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 3 contracts

Samples: Credit Agreement (Jakks Pacific Inc), Guaranty and Security Agreement (Jakks Pacific Inc), Guaranty and Security Agreement (Jakks Pacific Inc)

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Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to Agent, in each case in form and substance satisfactory to Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 to this Agreement containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, any document, and take all other action, deemed by Agent to be reasonably necessary or appropriate for Agent to obtain, for the benefit of the Secured Parties, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.8 shall, after the receipt thereof by Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 3 contracts

Samples: u.s. Revolving Guaranty and Security Agreement (Real Industry, Inc.), u.s. Revolving Guaranty and Security Agreement (Real Industry, Inc.), u.s. Revolving Guaranty and Security Agreement (Signature Group Holdings, Inc.)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim with a claim value in excess of $1,000,000 (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall immediately shall, promptly upon such acquisition, deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, any document, and take all other action, deemed by Agent to be reasonably necessary or appropriate for Agent to obtain, for the benefit of the Secured Parties, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 2 contracts

Samples: Security Agreement (AgeX Therapeutics, Inc.), Security Agreement (AgeX Therapeutics, Inc.)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall immediately shall, promptly upon such acquisition, deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, any document, and take all other action, reasonably deemed by the Administrative Agent to be reasonably necessary or appropriate for the Administrative Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Access Integrated Technologies Inc), Credit Agreement (Access Integrated Technologies Inc)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to AgentLender, in each case in form and substance satisfactory to AgentLender, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to AgentLender, in each case in form and substance reasonably satisfactory to AgentLender, any document, and take all other action, deemed by Agent Lender to be reasonably necessary or appropriate for Agent Lender to obtain, for the benefit of the Secured Parties, obtain a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by AgentLender, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Imation Corp), Stock Purchase Agreement (Imation Corp)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall immediately shall, promptly upon such acquisition, deliver to the Agent, in each case in form and substance reasonably satisfactory to the Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Agent, in each case in form and substance reasonably satisfactory to the Agent, any document, and take all other action, deemed by the Agent to be reasonably necessary or appropriate for the Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 2 contracts

Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (Vertex Energy Inc.)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall immediately shall, promptly upon such acquisition, deliver to the Administrative Agent, in each case in form and substance satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, any document, and take all other action, deemed by the Administrative Agent to be reasonably necessary or appropriate for the Administrative Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Medical Staffing Network Holdings Inc)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (a) such Grantor shall shall, immediately upon such acquisition, deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (b) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iiic) such Grantor shall execute and deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, any document, and take all other action, deemed by Agent to be reasonably necessary or appropriate for Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.8 shall, after the receipt thereof by Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Landec Corp \Ca\)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to the Administrative Agent, in each case in form and substance satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof 2.1 shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, any document, and take all other action, deemed by the Administrative Agent to be reasonably necessary or appropriate for the Administrative Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof 3.2 in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 4.9 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Revolving Credit Agreement (Lojack Corp)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to the Administrative Agent, in each case in form and substance satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 3.1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof this Agreement shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, any document, and take all other action, deemed by the Administrative Agent to be reasonably necessary or appropriate for the Administrative Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 3.1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 3.1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Assisted Living Concepts Inc)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence) in excess of $250,000, (ai) such Grantor shall shall, immediately upon such acquisition, deliver to the Administrative Agent, in each case in form and substance satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, any document, and take all other action, deemed by the Administrative Agent to be reasonably necessary or appropriate for the Administrative Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty, Pledge and Security Agreement (PROS Holdings, Inc.)

Notice of Commercial Tort Claims. Subject to the terms of the Subordination Agreement and any legend required in connection therewith, Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim in excess of $100,000 (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall immediately shall, promptly upon such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, for the benefit on behalf of the Secured PartiesPurchasers, a perfected second priority security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Princeton Review Inc)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim in excess of $100,000 (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall immediately shall, promptly upon such acquisition, deliver to the Administrative Agent, in each case in form and substance satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, any document, and take all other action, deemed by the Administrative Agent to be reasonably necessary or appropriate for the Administrative Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Princeton Review Inc)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to Agent, in each case in form and substance satisfactory to Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, any document, and take all other action, deemed by Agent to be reasonably necessary or appropriate for Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.8 shall, after the receipt thereof by Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Diplomat Pharmacy, Inc.)

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Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to the Agent, in each case in form and substance satisfactory to the Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Agent, in each case in form and substance reasonably satisfactory to the Agent, any document, and take all other action, deemed by the Agent to be reasonably necessary or appropriate for the Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (CSAV Holding Corp.)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to the Administrative Agent, in each case in form and substance satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, any document, and take all other action, deemed by the Administrative Agent to be reasonably necessary or appropriate for the Administrative Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Parlux Fragrances Inc)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to Agent, in each case in form and substance satisfactory to Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, any document, and take all other action, deemed by Agent to be reasonably necessary or appropriate for Agent to obtain, for the benefit of the Secured Parties, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Nobilis Health Corp.)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim in excess of $500,000 (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall shall, immediately upon such acquisition, deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, any document, and take all other action, deemed by Agent to be reasonably necessary or appropriate for Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.8 shall, after the receipt thereof by Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Diplomat Pharmacy, Inc.)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort ClaimClaim in excess of $200,000, (ai) such Grantor shall immediately deliver to Agent, in each case in form and substance satisfactory to Agent, a notice of the existence and nature of such Commercial Tort Claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim and (iii) such Grantor shall execute and deliver to Agent, in each case in form and substance reasonably satisfactory to Agent, any document, and take all other action, deemed by Agent to be reasonably necessary or appropriate for Agent to obtain, for the benefit of the Secured Parties, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claims. Any supplement to Schedule 1 delivered pursuant to this Section shall, after the receipt thereof by Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Igi Laboratories, Inc)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence), (ai) such Grantor shall immediately shall, promptly (but in no event more than two (2) Domestic Business Days) upon such acquisition, deliver to the Agent, in each case in form and substance satisfactory to the Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof 2.2 shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Agent, in each case in form and substance reasonably satisfactory to the Agent, any document, and take all other action, deemed by the Agent to be reasonably necessary or appropriate for the Agent to obtain, for the benefit of the Secured Parties, obtain a perfected security interest having at least the priority set forth in Section 4.2 hereof 3.2 in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 4.7 shall, after the receipt thereof by the Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Security Agreement (Schiff Nutrition International, Inc.)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim (whether from another Person or because such commercial tort claim shall have come into existence) constituting Collateral, (ai) such Grantor shall shall, immediately upon such acquisition, deliver to the Administrative Agent, in each case in form and substance satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative Agent, any document, and take all other action, deemed by the Administrative Agent to be reasonably necessary or appropriate for the Administrative Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.9 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Palm Harbor Homes Inc /Fl/)

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claimcommercial tort claim in an amount exceeding $250,000 in the aggregate, (ai) such Grantor shall immediately shall, promptly upon such acquisition, deliver to the Agent, in each case in form and substance reasonably satisfactory to the Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (bii) Section 3.1 hereof shall apply to such Commercial Tort Claim commercial tort claim and (iii) such Grantor shall execute and deliver to the Agent, in each case in form and substance reasonably satisfactory to the Agent, any document, and take all other action, deemed by the Agent to be reasonably necessary or appropriate for the Agent to obtain, for the benefit on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 4.2 hereof in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this Section 5.8 shall, after the receipt thereof by the Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Signal Genetics LLC)

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