Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Debtor will, with respect to the Collateral: (a) promptly furnish to the Secured Party, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured Party; (b) promptly notify the Secured Party of any Encumbrance (except Encumbrances specifically permitted under the Credit Agreement) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor relating to the Collateral, including the Accounts, the Account Debtors, or other Persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing; (c) promptly notify the Secured Party when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor or Issuer of Investment Property; (d) promptly deliver to the Secured Party, as the Secured Party may from time to time request, originals of all schedules, lists, invoices, delivery receipts, customers' purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral; (e) promptly notify the Secured Party of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory; (f) promptly after the application by the Debtor for registration of any General Intangibles, as contemplated in Section 8.12, notify the Secured Party thereof; (g) promptly upon acquiring any Commercial Tort Claim, notify the Secured Party in a writing signed by the Debtor, of the details thereof and grant to the Secured Party, for the benefit of the Secured Party and the Lenders, in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory to the Secured Party; and (h) promptly notify the Secured Party in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the Collateral.
Appears in 4 contracts
Samples: Security Agreement (Green Mountain Coffee Inc), Security Agreement (Green Mountain Coffee Inc), Security Agreement (Presstek Inc /De/)
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor Borrower under this Agreement, the Debtor Borrower will, with respect to the Collateral:
(a) promptly furnish to the Secured PartyAdministrative Agent, from time to time upon reasonable request, reports in form and detail reasonably satisfactory to the Secured PartyAdministrative Agent;
(b) promptly notify the Secured Party Administrative Agent of any Encumbrance (except Encumbrances specifically permitted under the Credit Loan Agreement) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor Borrower relating to the Collateral, including the Accounts, the Account Debtors, or other Persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party Administrative Agent with respect thereto, and reimburse the Secured Party Administrative Agent and the Lenders Banks for any expenses they may reasonably incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party Administrative Agent when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor or Issuer of Investment Property;
(d) promptly deliver to the Secured PartyAdministrative Agent, as the Secured Party Administrative Agent may from time to time reasonably request, originals of all schedules, lists, invoices, delivery receipts, customers' purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly notify the Secured Party Administrative Agent of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;
(f) promptly after the application by the Debtor Borrower for registration of any General Intangibles, as contemplated in Section 8.12, notify the Secured Party Administrative Agent thereof;
(g) promptly upon acquiring any Commercial Tort Claim, notify the Secured Party Administrative Agent in a writing signed by the DebtorBorrower, of the details thereof and grant to the Secured PartyAdministrative Agent, for the benefit of the Secured Party Administrative Agent and the LendersBanks, in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance reasonably satisfactory to the Secured PartyAdministrative Agent; and
(h) promptly notify the Secured Party Administrative Agent in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the DebtorBorrower, of any material adverse change in the Collateral; , and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party Administrative Agent in the Collateral.
Appears in 2 contracts
Samples: Security Agreement (Gamestop Corp), Security Agreement (Gamestop Corp)
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Debtor The Borrower will, with respect to the Collateral:
(a) promptly furnish to the Secured PartyAgent, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured PartyAgent;
(b) promptly notify the Secured Party Agent of any Encumbrance (except Encumbrances specifically permitted under the Credit AgreementPermitted Encumbrances) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor Borrower relating to the Collateral, including the Accounts, the Account Debtorsaccount debtors, or other Persons persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral as a whole or the rights and remedies of the Secured Party Agent with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party Agent when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor account debtor or Issuer issuer of Investment Propertyproperty;
(d) promptly deliver concurrently with the reports required to the Secured Partybe furnished under subsection (a), as the Secured Party may from time to time requestand immediately if material in amount, originals of all schedules, lists, invoices, delivery receipts, customers' purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly notify the Secured Party Agent of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment adjustment, or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;
(fe) promptly after the application by Borrower establishes any Account with the Debtor for registration United States of America or any General Intangiblesdepartment, as contemplated in Section 8.12agency or instrumentality thereof, notify the Secured Party Agent thereof;
(gf) promptly upon acquiring any Commercial Tort Claimcommercial tort claim, notify the Secured Party Agent in a writing signed by the DebtorBorrower, of the details thereof and grant to the Secured Party, for the benefit of the Secured Party and the Lenders, Agent in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory to the Secured PartyAgent; and
(hg) promptly upon receipt of any letter of credit issued to the Borrower as beneficiary thereunder or upon acquiring an interest in any electronic chattel paper or any “transferable record,” as that term is defined in section 201 of the Federal Electronic Signatures in Global and National Commerce Act, or in Section 16 of the Uniform Electronic Transactions Act, notify the Secured Party in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the CollateralAgent thereof.
Appears in 2 contracts
Samples: Security Agreement (Virtusa Corp), Security Agreement (Virtusa Corp)
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Debtor Each Obligor will, with respect to the Collateral:
(a) promptly furnish to the Secured PartyAgent, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured PartyAgent;
(b) promptly notify the Secured Party Agent of any Encumbrance (except Encumbrances specifically permitted under the Credit AgreementPermitted Encumbrances) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor such Obligor relating to the Collateral, including the Accounts, the Account Debtorsaccount debtors, or other Persons persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party Agent with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor or Issuer of Investment Property;
(d) promptly deliver to the Secured PartyAgent, as the Secured Party Agent may from time to time request, originals of all schedules, lists, invoices, delivery receipts, customers' ’ purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly notify the Secured Party of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;
(fd) promptly after the application by the Debtor such Obligor for registration of any General Intangibles, as contemplated in Section 8.123.13, notify the Secured Party Agent thereof;
(ge) promptly upon acquiring any Commercial Tort Claimcommercial tort claim, notify the Secured Party Agent in a writing signed by the Debtorsuch Obligor, of the details thereof and grant to the Secured Party, for the benefit of the Secured Party and the Lenders, Agent in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory to the Secured PartyAgent; and
(hf) promptly upon receipt of any letter of credit issued to such Obligor as beneficiary thereunder or upon acquiring an interest in any electronic chattel paper or any “transferable record,” as that term is defined in Section 201 of the federal Electronic Signatures in Global and National Commerce Act, or in Section 16 of the Uniform Electronic Transactions Act, notify the Secured Party in Agent thereof. Each Obligor authorizes the event Agent to destroy all invoices, delivery receipts, reports and other types of a material loss or damage documents and records submitted to the Collateral, if Agent in connection with the transactions contemplated herein at any time subsequent to 12 months from the time such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor items are delivered to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the CollateralAgent.
Appears in 2 contracts
Samples: Security Agreement (Microfinancial Inc), Security Agreement (Microfinancial Inc)
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Each Debtor will, with respect to the Collateral:
(a) promptly furnish to the Secured Party, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured PartyParty and immediately notify the Secured Party as to any action to foreclose upon or otherwise exercise any right or remedy with respect to the BBRF Interest;
(b) promptly notify the Secured Party of any Encumbrance (except Encumbrances specifically permitted under the Credit Agreement) asserted against the Collateral which may have a material adverse effect upon the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor relating to the Collateral, including the Accounts, the Account Debtorsaccount debtors, or other Persons persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor account debtor or Issuer issuer of Investment PropertyProperties, which may have a material adverse effect upon the Debtor;
(d) promptly deliver after the occurrence of an Event of Default, concurrently with the reports required to the Secured Partybe furnished under subsection (a), as the Secured Party may from time to time requestand immediately if material in amount, originals of all schedules, lists, invoices, delivery receipts, customers' purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly notify the Secured Party of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;; and
(fe) after the occurrence of an Even of Default, promptly after the application by the Debtor for registration of any General Intangibles, as contemplated in Section 8.123.13, notify the Secured Party thereof;
(g) promptly upon acquiring any Commercial Tort Claim. The Debtor authorizes the Secured Party to destroy all invoices, notify delivery receipts, reports and other types of documents and records submitted to the Secured Party in a writing signed by connection with the Debtor, of transactions contemplated herein at any time subsequent to 12 months from the details thereof and grant time such items are delivered to the Secured Party, for the benefit of the Secured Party and the Lenders, in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory to the Secured Party; and
(h) promptly notify the Secured Party in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the Collateral.
Appears in 1 contract
Samples: Security Agreement (Baker J Inc)
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Debtor Each Obligor will, with respect to the Collateral:
(a) promptly furnish to the Secured PartyLender, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured PartyLender;
(b) promptly notify the Secured Party Lender of any Encumbrance (except Encumbrances specifically permitted under the Credit AgreementPermitted Encumbrances) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor Obligor relating to the Collateral, including the Accounts, the Account Debtorsaccount debtors, or other Persons persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party Lender with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party Lender when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor account debtor or Issuer issuer of Investment PropertySecurities;
(d) promptly deliver to the Secured PartyLender, as the Secured Party Lender may from time to time request, originals of all schedules, lists, invoices, delivery receipts, customers' ’ purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly concurrently with the reports required to be furnished under subsection (a), and immediately if material in amount, notify the Secured Party Lender of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;; and
(f) promptly after the application by the Debtor such Obligor for registration of any General Intangibles, as contemplated in Section 8.123.13, notify the Secured Party Lender thereof;
(g) promptly upon acquiring any Commercial Tort Claim. Each Obligor authorizes the Lender to destroy all invoices, notify the Secured Party in a writing signed by the Debtordelivery receipts, reports and other types of the details thereof documents and grant records submitted to the Secured Party, for Lender in connection with the benefit of transactions contemplated herein at any time subsequent to 12 months from the Secured Party and the Lenders, in time such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory items are delivered to the Secured Party; and
(h) promptly notify the Secured Party in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the CollateralLender.
Appears in 1 contract
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the The Debtor will, with respect to the Collateral:
(a) promptly furnish to the Secured Party, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured Party;
(b) promptly notify the Secured Party of any Encumbrance (except Encumbrances specifically permitted under the Credit Agreement) other than those listed on Schedule A hereof asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor relating to the Collateral, including the Accounts, the Account account Debtors, or other Persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account account Debtor or Issuer issuer of Investment PropertySecurities;
(d) promptly deliver to the Secured Party, as the Secured Party may from time to time request, originals of all schedules, lists, invoices, delivery receipts, customers' purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly notify the Secured Party of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;
(f) promptly after the application by the Debtor for registration of any General Intangibles, as contemplated in Section 8.123.13, notify the Secured Party thereof;
(g) promptly upon acquiring any Commercial Tort Claim. The Debtor authorizes Secured Party to destroy all invoices, notify the delivery receipts, reports and other types of documents and records submitted to Secured Party in a writing signed by connection with the Debtor, of transactions contemplated herein at any time subsequent to twelve (12) months from the details thereof and grant time such items are delivered to the Secured Party, for the benefit of the Secured Party and the Lenders, in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory to the Secured Party; and
(h) promptly notify the Secured Party in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the Collateral.
Appears in 1 contract
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor Subsidiary Guarantor under this Agreement, the Debtor Subsidiary Guarantor will, with respect to the Collateral:
(a) promptly furnish to the Secured PartyAdministrative Agent, from time to time upon reasonable request, reports in form and detail reasonably satisfactory to the Secured PartyAdministrative Agent;
(b) promptly notify the Secured Party Administrative Agent of any Encumbrance (except Encumbrances specifically permitted under the Credit Loan Agreement) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor Subsidiary Guarantor relating to the Collateral, including the Accounts, the Account Debtors, or other Persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party Administrative Agent with respect thereto, and reimburse the Secured Party Administrative Agent and the Lenders Banks for any expenses they may reasonably incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party Administrative Agent when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor or Issuer of Investment PropertyDebtor;
(d) promptly deliver to the Secured PartyAdministrative Agent, as the Secured Party Administrative Agent may from time to time reasonably request, originals of all schedules, lists, invoices, delivery receipts, customers' purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly notify the Secured Party Administrative Agent of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting InventoryAccounts;
(f) promptly after the application by the Debtor Subsidiary Guarantor for registration of any General Intangibles, as contemplated in Section 8.12, notify the Secured Party Administrative Agent thereof;
(g) promptly upon acquiring any Commercial Tort Claim, notify the Secured Party in a writing signed by the Debtor, of the details thereof and grant to the Secured Party, for the benefit of the Secured Party and the Lenders, in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory to the Secured Party[Reserved]; and
(h) promptly notify the Secured Party Administrative Agent in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the DebtorSubsidiary Guarantor, of any material adverse change in the Collateral; , and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party Administrative Agent in the Collateral.
Appears in 1 contract
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Debtor Each Loan Party will, with respect to the Collateral:
(a) promptly furnish to the Secured PartyAgent, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured PartyAgent;
(b) promptly notify the Secured Party Agent of (i) any Encumbrance (except Encumbrances specifically permitted under the Credit AgreementPermitted Encumbrances) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, (ii) any default or event of default (including any occurrence that with the giving of notice or the passage of time would constitute a default) under any Material Agreement, and (iii) of any information received by the Debtor Loan Party relating to the Collateral, including the AccountsReceivables, the Account Debtors, debtors or other Persons persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party Agent with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party Agent when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor account debtor or Issuer issuer of Investment Propertysecurities;
(d) promptly deliver to the Secured PartyAgent, as the Secured Party Agent may from time to time request, originals of all schedules, lists, invoices, delivery receipts, customers' purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly concurrently with the reports required to be furnished under subsection (a) of this Section, and immediately if material in amount, notify the Secured Party Agent of any material return or adjustment, rejection, repossession, repossession or loss or damage of or to merchandise represented by Accounts Receivables or constituting Inventory inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts Receivables or constituting Inventory;inventory; and
(f) promptly after the application by the Debtor such Loan Party for registration of any General Intangiblesgeneral intangibles, as contemplated in Section 8.12or promptly after the execution and delivery of any Material Agreement, notify the Secured Agent thereof. Each Loan Party thereof;
(g) promptly upon acquiring any Commercial Tort Claimauthorizes the Agent to destroy all invoices, notify the Secured Party in a writing signed by the Debtordelivery receipts, reports and other types of the details thereof documents and grant records submitted to the Secured Party, for Agent in connection with the benefit of transactions contemplated in this Agreement at any time after 12 months from the Secured Party and the Lenders, in time such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory items are delivered to the Secured Party; and
(h) promptly notify the Secured Party in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the CollateralAgent.
Appears in 1 contract
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Debtor The Obligor will, with respect to the Collateral:
(a) promptly furnish to the Secured PartyAgent, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured PartyAgent;
(b) promptly notify the Secured Party Agent of any Encumbrance (except Encumbrances specifically permitted under the Credit AgreementPermitted Encumbrances) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor Obligor relating to the Collateral, including the Accounts, the Account Debtorsaccount debtors, or other Persons persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party Agent with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor or Issuer of Investment Property;
(d) promptly deliver to the Secured PartyAgent, as the Secured Party Agent may from time to time request, originals of all schedules, lists, invoices, delivery receipts, customers' ’ purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly notify the Secured Party of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;
(fd) promptly after the application by the Debtor Obligor for registration of any General Intangibles, as contemplated in Section 8.123.13, notify the Secured Party Agent thereof;
(ge) promptly upon acquiring any Commercial Tort Claimcommercial tort claim, notify the Secured Party Agent in a writing signed by the DebtorObligor, of the details thereof and grant to the Secured Party, for the benefit of the Secured Party and the Lenders, Agent in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory to the Secured PartyAgent; and
(hf) promptly upon receipt of any letter of credit issued to the Obligor as beneficiary thereunder or upon acquiring an interest in any electronic chattel paper or any “transferable record,” as that term is defined in Section 201 of the federal Electronic Signatures in Global and National Commerce Act, or in Section 16 of the Uniform Electronic Transactions Act, notify the Secured Party in Agent thereof. The Obligor authorizes the event Agent to destroy all invoices, delivery receipts, reports and other types of a material loss or damage documents and records submitted to the Collateral, if Agent in connection with the transactions contemplated herein at any time subsequent to 12 months from the time such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor items are delivered to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the CollateralAgent.
Appears in 1 contract
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Debtor The Borrower will, with respect to the Collateral:
(a) promptly furnish to the Secured PartyLender, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured PartyLender;
(b) promptly notify the Secured Party Lender of any Encumbrance (except Encumbrances specifically permitted under the Credit AgreementPermitted Encumbrances) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received by the Debtor Borrower relating to the Collateral, including the Accounts, the Account Debtorsaccount debtors, or other Persons persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party Lender with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party Lender when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor account debtor or Issuer issuer of Investment PropertySecurities;
(d) promptly deliver to the Secured PartyLender, as the Secured Party Lender may from time to time request, originals of all schedules, lists, invoices, delivery receipts, customers' ’ purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly concurrently with the reports required to be furnished under subsection (a), and immediately if material in amount, notify the Secured Party Lender of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;
(f) promptly after ; and The Borrower authorizes the application by the Debtor for registration Lender to destroy all invoices, delivery receipts, reports and other types of any General Intangibles, as contemplated in Section 8.12, notify the Secured Party thereof;
(g) promptly upon acquiring any Commercial Tort Claim, notify the Secured Party in a writing signed by the Debtor, of the details thereof documents and grant records submitted to the Secured Party, for Lender in connection with the benefit of transactions contemplated herein at any time subsequent to 12 months from the Secured Party and the Lenders, in time such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory items are delivered to the Secured Party; and
(h) promptly notify the Secured Party in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the CollateralLender.
Appears in 1 contract
Notices and Reports Pertaining to Collateral. In addition to any other notice or reporting requirement imposed on the Debtor under this Agreement, the Debtor The Guarantor will, with respect to the Collateral:
(a) promptly furnish to the Secured Party, from time to time upon request, reports in form and detail reasonably satisfactory to the Secured Party;
(b) promptly notify the Secured Party of any Encumbrance (except Encumbrances specifically permitted under the Credit Agreement) asserted against the Collateral, including any attachment, levy, execution or other legal process levied against any of the Collateral, and of any information received . by the Debtor Guarantor relating to the Collateral, including the Accounts, the Account Debtorsaccount Guarantors, or other Persons persons obligated in connection therewith, that may in any way materially adversely affect the value of the Collateral or the rights and remedies of the Secured Party with respect thereto, and reimburse the Secured Party and the Lenders for any expenses they may incur in satisfying any of the foregoing;
(c) promptly notify the Secured Party when it obtains knowledge of actual or imminent bankruptcy or other insolvency proceeding of any material Account Debtor or Issuer issuer of Investment PropertySecurities;
(d) promptly deliver to the Secured Party, as the Secured Party may from time to time request, originals of all schedules, lists, invoices, delivery receipts, customers' ’ purchase orders, documents of the shipping instructions, bills of lading and any other evidence of shipping arrangements, receipts, writings and other items relating to the Collateral;
(e) promptly concurrently with the reports required to be furnished under subsection (a), and immediately if material in amount, notify the Secured Party of any material return or adjustment, rejection, repossession, or loss or damage of or to merchandise represented by Accounts or constituting Inventory and of any material credit, adjustment or dispute arising in connection with the goods or services represented by Accounts or constituting Inventory;; and
(f) promptly after the application by the Debtor Guarantor for registration of any General Intangibles, as contemplated in Section 8.123.13, notify the Secured Party thereof;
(g) promptly upon acquiring any Commercial Tort Claim, notify the Secured Party in a writing signed by the Debtor, of the details thereof and grant to the Secured Party, for the benefit of the Secured Party and the Lenders, in such writing a security interest therein and in all the Proceeds thereof, such writing to be in form and substance satisfactory to the Secured Party; and
(h) promptly notify the Secured Party in the event of a material loss or damage to the Collateral, if such loss or damage is not covered by insurance, of any reclamation or repossession of or any action by a creditor to reclaim or repossess any material asset(s) of the Debtor, of any material adverse change in the Collateral; and of any other occurrence that may materially adversely affect the Security Interest of the Secured Party in the Collateral.
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