Notices from Farm Products Sellers, etc. (i) Except as set forth in Schedule 4(m) hereto, no Grantor has, within the one (1) year period prior to the date hereof, received any written notice pursuant to the applicable provisions of the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor are produced, in any case advising or notifying any Grantor of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest applicable to any assets of such Grantor established in favor of such Farm Products Seller or other Person under any other law or claiming a Lien or security interest in and to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor or any related or other assets of such Grantor (all of the foregoing, together with any such notices as the Grantors may at any time hereafter receive, collectively, the "Food Security Act Notices").
Appears in 2 contracts
Samples: Pledge and Security Agreement (Earth Biofuels Inc), Pledge and Security Agreement (Earth Biofuels Inc)
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Loan Party has not, within the one (1) year period prior to the date hereofClosing Date, received any written notice pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Loan Party are produced, in any case advising or notifying any Grantor such Loan Party of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien upon or security interest in and other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Loan Party or any related or other assets of such Grantor Loan Party (all of the foregoing, together with any such notices as the Grantors any Loan Party may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
Appears in 2 contracts
Samples: Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc)
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Borrower has not, within the one (1) year period prior to the date hereof, received any written notice pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Borrower are produced, in any case advising or notifying any Grantor such Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and or lien upon or other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Borrower or 79 any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors any Borrower may at any time hereafter receive, collectively, the "Food Security Act Notices").
Appears in 2 contracts
Samples: Loan and Security Agreement (Spartan Stores Inc), Loan and Security Agreement (Spartan Stores Inc)
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor No Loan Party has, within the one (1) one-year period prior to the date hereofClosing Date, received any written notice pursuant to the applicable provisions of the PSA, the PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Loan Party are produced, in any case advising or notifying any Grantor such Loan Party of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor the Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien upon or security interest in and other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Loan Party or any related or other assets of such Grantor Loan Party (all of the foregoing, together with any such notices as the Grantors any Loan Party may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
Appears in 2 contracts
Samples: Credit Agreement (Supervalu Inc), Intercreditor Agreement (Supervalu Inc)
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m5.21(a) hereto, no Grantor hasBorrower has not, within the one (1) year period prior to the date hereof, received any written notice pursuant to the applicable provisions of the Food Security Act, or pursuant to the UCC Code or any state statutory agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor Borrower are produced, in any case advising or notifying any Grantor Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest applicable to any assets of such Grantor Borrower established in favor of such Farm Products Seller or other Person under any other law other than PACA or claiming a Lien or security interest in and to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors Borrower may at any time hereafter receive, collectively, the "Food Security Act Notices").
Appears in 1 contract
Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m5.21(a) hereto, no Grantor hasBorrower has not, within the one (1) year period prior to the date hereof, received any written notice pursuant to the applicable provisions of the Food Security Act, or pursuant to the UCC Code or any state statutory agricultural or producers' ’ lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor Borrower are produced, in any case advising or notifying any Grantor Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest applicable to any assets of such Grantor Borrower established in favor of such Farm Products Seller or other Person under any other law other than PACA or claiming a Lien or security interest in and to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors Borrower may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
Appears in 1 contract
Samples: Loan and Security Agreement (Northland Cranberries Inc /Wi/)
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Borrower has not, within the one two (12) year period prior to the date hereof, received any written notice in respect of any claim greater than $100,000 individually or written notices in respect of claims greater than $250,000 in the aggregate pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Borrower are produced, in any case advising or notifying any Grantor such Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and or lien upon or other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors any Borrower may at any time hereafter receive, collectively, the "Food Security Act Notices").
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Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Borrower has not, within the one (1) year period prior to the date hereofof Amendment No. 4, received any written notice pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Borrower are produced, in any case advising or notifying any Grantor such Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and or lien upon or other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors any Borrower may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
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Notices from Farm Products Sellers, etc. (ia) Except as set forth in on Schedule 4(m) hereto3.27, no Grantor Loan Party has, within the one (1) one-year period prior to the date hereofClosing Date, received any written notice pursuant to the applicable provisions of the PSA, the PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Loan Party are produced, in any case advising or notifying any Grantor such Loan Party of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor the Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien upon or security interest in and other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Loan Party or any related or other assets of such Grantor Loan Party (all of the foregoing, together with any such notices as the Grantors any Loan Party may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
Appears in 1 contract
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Borrower has not, within the one (1) year period prior to the date hereof, received any written notice pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Borrower are produced, in any case advising or notifying any Grantor such Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and or lien upon or other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors any Borrower may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
Appears in 1 contract
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Borrower has not, within the one two (12) year period prior to the date hereof, received any written notice in respect of any claim greater than $100,000 individually or written notices in respect of claims greater than $250,000 in the aggregate pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Borrower are produced, in any case advising or notifying any Grantor such Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and or lien upon or other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors any Borrower may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
Appears in 1 contract
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor No Obligated Party has, within the one (1) year period prior to the date hereofClosing Date, received any written notice pursuant to the applicable provisions of the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws Farms Products Law from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental governmental Authority of any Statestate, Commonwealth commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Obligated Party are produced, in any case advising or notifying any Grantor such Obligated Party of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien Lien or other interest trust applicable to any assets of such Grantor any Obligated Party established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor an Obligated Party or any related or other assets of such Grantor Obligated Party (all of the foregoing, together with any such notices as the Grantors Obligated Party may at any time hereafter receive, collectively, the "Food Security Act “Farm Products Notices"”).
Appears in 1 contract
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Loan Party has not, within the one (1) year period prior to the date hereofClosing Date, received any written notice pursuant to the applicable provisions of the PSA, the PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Loan Party are produced, in any case advising or notifying any Grantor such Loan Party of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien upon or security interest in and other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Loan Party or any related or other assets of such Grantor Loan Party (all of the foregoing, together with any such notices as the Grantors any Loan Party may at any time hereafter receive, collectively, the "“Food Security Act Notices"”), if (A) any such notice involves a claim of $50,000 or more or (B) all such notices outstanding involve claims in the aggregate amount of $250,000 or more.
Appears in 1 contract
Samples: Credit Agreement (Supervalu Inc)
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Borrower has not, within the one (1) year period prior to the date hereofEffective Date, received any written notice pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Borrower are produced, in any case advising or notifying any Grantor such Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and or lien upon or other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors any Borrower may at any time hereafter receive, collectively, the "“Food Security Act Notices"”). DEBTOR NAME: XXXX BROTHERS TRADING COMPANY Searched through October 22, 2013 at the Delaware Secretary of State.
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Notices from Farm Products Sellers, etc. (ia) Except as set forth in on Schedule 4(m) hereto3.27, no Grantor Loan Party has, within the one (1) one-year period prior to the date hereofSecond Restatement Date, received any written notice pursuant to the applicable provisions of the PSA, the PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Loan Party are produced, in any case advising or notifying any Grantor such Loan Party of the intention of such Farm 77 Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor the Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien upon or security interest in and other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Loan Party or any related or other assets of such Grantor Loan Party (all of the foregoing, together with any such notices as the Grantors any Loan Party may at any time hereafter receive, collectively, the "“Food Security Act Notices"”), if (A) any such notice involves a claim of $50,000 or more or (B) all such notices outstanding involve claims in the aggregate amount of $250,000 or more.
Appears in 1 contract
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Borrower has not, within the one (1) year period prior to the date hereofof Amendment No. 4, received any written notice pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security 6991691.13 134 interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Borrower are produced, in any case advising or notifying any Grantor such Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and or lien upon or other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors any Borrower may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
Appears in 1 contract
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor hasEach Borrower has not, within the one (1) year period prior to the date hereofEffective Date, received any written notice pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any State, Commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Borrower are produced, in any case advising or notifying any Grantor such Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien or other interest trust applicable to any assets of such Grantor any Borrower established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and or lien upon or other claim or encumbrance with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor a Borrower or any related or other assets of such Grantor Borrower (all of the foregoing, together with any such notices as the Grantors any Borrower may at any time hereafter receive, collectively, the "“Food Security Act Notices"”).
Appears in 1 contract
Notices from Farm Products Sellers, etc. (ia) Except as set forth in Schedule 4(m) hereto, no Grantor No Obligated Party has, within the one (1) year period prior to the date hereofClosing Date, received any written notice pursuant to the applicable provisions of the Food Security Act, or pursuant to the UCC or any state agricultural or producers' lien laws or any other applicable local laws Farms Products Law from (i) any Farm Products Seller or (ii) any lender to any Farm Products Seller or any other Person with a security interest in the assets of any Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental governmental Authority of any Statestate, Commonwealth commonwealth or political subdivision thereof in which any Farm Products purchased by any Grantor such Obligated Party are produced, in any case advising or notifying any Grantor such Obligated Party of the intention of such Farm Products Seller or other Person to preserve the benefits of any trust, lien Lien or other interest trust applicable to any assets of such Grantor any Obligated Party established in favor of such Farm Products Seller or other Person under the provisions of any other law or claiming a Lien or security interest in and to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by such Grantor an Obligated Party or any related or other assets of such Grantor Obligated Party (all of the foregoing, together with any such notices as the Grantors Obligated Party may at any time hereafter receive, collectively, the "Food Security Act Farm Products Notices").
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