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 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) such Grantor 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 and deliver a supplement to Schedule 8 containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision of Section 3 shall apply to such Commercial Tort Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance 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, on behalf of the Secured Parties, a first-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 8 delivered pursuant to this Section 5.13 shall become part of Schedule 8 for all purposes hereunder other than, absent a written consent of the Administrative Agent, for purpose of the representations and warranties set forth in Section 4.12.

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence)) as to which Grantor believes in good faith there exists the likely probability of recovery (including by way of settlement) of monetary relief in excess of $1,000,000, (i) such Grantor shall, immediately upon such acquisitionsubject to Section 6.14 (New Subsidiaries and Pledges) and in any event not later than 5 Business Days after the end of each fiscal quarter of the Borrower, 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 and deliver a supplement to Schedule 8 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision provisions of Section 3 2.1 (Collateral) shall apply to such Commercial Tort Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance 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, on behalf for the benefit of the Secured Parties, a first-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 8 7 (Commercial Tort Claims) delivered pursuant to this Section 5.13 shall 4.9 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Administrative Agent, become part of Schedule 8 7 (Commercial Tort Claims) for all purposes hereunder other than, absent a written consent than in respect of the Administrative Agent, for purpose of the representations and warranties set forth in Section 4.12made prior to the date of such receipt.

Notice of Commercial Tort Claims. Such Grantor (other than, prior to Administrative Agent exercising its rights under the Credit Agreement (subject to the terms set forth therein) during the occurrence and continuance of a Foreign Lien Trigger Event, the Pledgors) agrees that, if it shall acquire any interest commercial tort claim individually having a value in any Commercial Tort Claim excess of $2,500,000 (whether from another Person or because such Commercial Tort Claim commercial tort claim shall have come into existence)) for which a claim has been filed in a court of competent jurisdiction, (i) such Grantor shall, immediately upon obtaining knowledge of such acquisitionacquisition or existence, deliver to the Administrative Agent, in each case in form and substance reasonably satisfactory to the Administrative AgentAgent on or before the date on which financial statements are required to be delivered pursuant to Section 6.01(b) of the Credit Agreement for the fiscal quarter in which the relevant Grantor obtained such knowledge (or such longer period agreed to by the Administrative Agent in its reasonable discretion), a notice of the existence and nature of such Commercial Tort Claim commercial tort claim(s) and deliver a supplement to Schedule 8 1 containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and completecommercial tort claim(s) that is sufficient to identify it for the purposes of granting a Lien under Article 9 of the UCC, (ii) the provision of Section 3 3.1 shall apply to such Commercial Tort Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)commercial tort claim(s) 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, on behalf for the benefit of the Secured Parties, a first-priority, perfected security interest having at least the priority set forth in Section 4.2 in all such Commercial Tort Claimscommercial tort claims, but subject in any event to the limitations described in Section 5.1(b). Any supplement to Schedule 8 1 delivered pursuant to this Section 5.13 shall 5.6 shall, after the receipt thereof by the Administrative Agent, become part of Schedule 8 1 for all purposes hereunder other than, absent a written consent than in respect of the Administrative Agent, for purpose of the representations and warranties set forth in Section 4.12made prior to the date of such receipt.

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) such Grantor 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 and deliver a supplement to Schedule 8 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision of Section 3 2.1 (Collateral) shall apply to such Commercial Tort Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance 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, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 8 7 (Commercial Tort Claims) delivered pursuant to this Section 5.13 4.12 (Notice of Commercial Tort Claims) shall become part of Schedule 8 7 (Commercial Tort Claims) for all purposes hereunder other than, absent a written consent of the Administrative Agent, for purpose of the representations and warranties set forth in Section 4.123.9 (Commercial Tort Claims).

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim for which litigation has been commenced (whether from another Person or because such Commercial Tort Claim shall have come into existenceexistence in excess of $5,000,000), (i) such Grantor shall, immediately 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 8 Error! Reference source not found. (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision of Section 3 2.1 (Collateral) shall apply to such Commercial Tort Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) and (iii) subject to Sections 7.13 and 11.20 of the Credit Agreement, 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, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 8 Error! Reference source not found. (Commercial Tort Claims) delivered pursuant to this Section 5.13 shall 4.8 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Administrative Agent, become part of Schedule 8 Error! Reference source not found. (Commercial Tort Claims) for all purposes hereunder other than, absent a written consent than in respect of the Administrative Agent, for purpose of the representations and warranties set forth in Section 4.12made prior to the date of such receipt.

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence)) as to which Grantor believes in good faith there exists the likely probability of recovery (including by way of settlement) of monetary relief in excess of $15,000,000, (i) such Grantor shall, immediately upon such acquisitionsubject to Section 6.14 (New Subsidiaries and Pledges) and in any event not later than 5 Business Days after the end of each fiscal quarter of the US Borrower, 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 and deliver a supplement to Schedule 8 6 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision provisions of Section 3 2.1 (Collateral) shall apply to such Commercial Tort Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) 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, PLEDGE AND SECURITY AGREEMENT JARDEN CORPORATION 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, on behalf for the benefit of the Secured Parties, a first-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 8 6 (Commercial Tort Claims) delivered pursuant to this Section 5.13 shall 4.9 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Administrative Agent, become part of Schedule 8 6 (Commercial Tort Claims) for all purposes hereunder other than, absent a written consent than in respect of the Administrative Agent, for purpose of the representations and warranties set forth in Section 4.12made prior to the date of such receipt.

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) such Grantor 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 and deliver a supplement to Schedule 8 containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision of Section 3 2.1 (Collateral) shall apply to such Commercial Tort Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) and (iii) such Grantor shall execute and deliver to the Administrative Agent, in each case in form and substance 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, on behalf of the Secured Parties, a first-first priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 8 delivered pursuant to this Section 5.13 4.12 (Notice of Commercial Tort Claims) shall become part of Schedule 8 for all purposes hereunder other than, absent a written consent of the Administrative Agent, for purpose of the representations and warranties set forth in Section 4.123.9 (Commercial Tort Claims).

Notice of Commercial Tort Claims. Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) such Grantor shall, immediately upon promptly after a Responsible Officer gains knowledge of such acquisition, deliver to the Administrative Applicable Collateral Agent, in each case in form and substance reasonably satisfactory to the Administrative Applicable Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 8 SCHEDULE 7 (COMMERCIAL TORT CLAIMS) containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision of Section 3 SECTION 2.1 (COLLATERAL) shall apply to such Commercial Tort Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) and (iii) such Grantor shall execute and deliver to the Administrative Applicable Collateral Agent, in each case in form and substance reasonably satisfactory to the Administrative Applicable Collateral Agent, any certificate, agreement and other document, and take all other reasonable action, reasonably deemed by the Administrative Applicable Collateral Agent to be reasonably necessary or reasonably appropriate for the Administrative Agent Collateral Agents to obtain, on behalf of the Secured Parties, a first-priority, obtain perfected security interest Requisite Priority Liens in all such Commercial Tort Claims. Any supplement to Schedule 8 SCHEDULE 7 (COMMERCIAL TORT CLAIMS) delivered pursuant to this Section 5.13 shall SECTION 4.11 (NOTICE OF COMMERCIAL TORT CLAIMS) shall, after the receipt thereof by the Applicable Collateral Agent, become part of Schedule 8 SCHEDULE 7 (COMMERCIAL TORT CLAIMS) for all purposes hereunder other than, absent a written consent than in respect of the Administrative Agent, for purpose of the representations and warranties set forth in Section 4.12made prior to the date of such receipt.