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: Guaranty and Security Agreement (Jakks Pacific Inc), Credit 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: Joinder Agreement (Real Industry, Inc.), Joinder Agreement (Real Industry, Inc.), Joinder 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 (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), Guaranty and Security 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 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: Credit Agreement (Access Integrated Technologies Inc), Guaranty and Security 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 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 ClaimClaim valued 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 reasonably satisfactory to the Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 containing a specific description of such Commercial Tort Claim, (bii) the provisions of Section 3.1 hereof 2.1 shall apply to such 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 certificate, agreement and other 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 first-priority, 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 7 delivered pursuant to this Section 4.10 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 1 7 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: Pledge and Security Agreement (Us Concrete 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 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 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 (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), (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 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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