Common use of Notices from Farm Products Sellers, etc Clause in Contracts

Notices from Farm Products Sellers, etc. (a) Parent Borrower has not, within the one (1) year period prior to the Escrow Release Date, received any written notice pursuant to the applicable provisions of the PASA, PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products or (ii) any lender to any such supplier or seller or any other Person with a security interest in the assets of any such supplier or 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 such Loan Party are produced, in any case advising or notifying Parent Borrower of the intention of such supplier or seller or other Person to preserve the benefits of any trust applicable to any assets of Parent Borrower established in favor of such supplier, seller or other Person under the provisions of any law or claiming a Lien with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by Parent Borrower or any related or other assets of Parent Borrower. (b) Parent Borrower is not a “live poultry dealer” (as such term is defined in the PASA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASA. Parent Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Borrower has The Loan Parties have not, within the one (1) year period prior to the Escrow Release Restatement Effective Date, received any written notice pursuant to the applicable provisions of the PASA, PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products or (ii) any lender to any such supplier or seller or any other Person with a security interest in the assets of any such supplier or seller, or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party are produced, in any case advising or notifying Parent Borrower the Loan Parties of the intention of such supplier or seller or other Person to preserve the benefits of any trust applicable to any assets of Parent Borrower the Loan Parties established in favor of such supplier, seller or other Person under the provisions of any law or claiming a Lien with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by Parent Borrower the Loan Parties or any related or other assets of Parent Borrowerthe Loan Parties. (b) Parent The Lead Borrower is not a “live poultry dealer” (as such term is defined in the PASA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASA. Parent The Lead Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Borrower has notNo Loan Party has, within the one (1) one-year period prior to the Escrow Release Closing Date, received any written notice pursuant to the applicable provisions of the PASAPSA, the PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products Seller or (ii) any lender to any such supplier or seller Farm Products Seller or any other Person with a security interest in the assets of any such supplier or seller, Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party are produced, in any case advising or notifying Parent Borrower such Loan Party of the intention of such supplier or seller Farm Products Seller or other Person to preserve the benefits of any trust applicable to any assets of Parent the Borrower established in favor of such supplier, seller Farm Products Seller or other Person under the provisions of any law or claiming a 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 Parent Borrower a Loan Party or any related or other assets of Parent Borrowersuch Loan Party (all of the foregoing, together with any such notices as any Loan Party may at any time hereafter receive, collectively, the “Food Security Act Notices”). (b) Parent Borrower No Loan Party is not a “live poultry dealer” (as such term is defined in the PASAPSA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASAPSA. Parent Borrower Each Loan Party is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural aquacultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Borrower Each Loan Party has not, within the one (1) year period prior to the Escrow Release Closing Date, received any written notice pursuant to the applicable provisions of the PASAPSA, PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products Seller or (ii) any lender to any such supplier or seller Farm Products Seller or any other Person with a security interest in the assets of any such supplier or seller, Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party are produced, in any case advising or notifying Parent Borrower such Loan Party of the intention of such supplier or seller Farm Products Seller or other Person to preserve the benefits of any trust applicable to any assets of Parent any Borrower established in favor of such supplier, seller Farm Products Seller or other Person under the provisions of any law or claiming a 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 Parent Borrower a Loan Party or any related or other assets of Parent Borrowersuch Loan Party (all of the foregoing, together with any such notices as any Loan Party may at any time hereafter receive, collectively, the “Food Security Act Notices”). (b) Parent Borrower No Loan Party is not a “live poultry dealer” (as such term is defined in the PASAPSA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASAPSA. Parent Borrower Each Loan Party is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural aquacultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Each Borrower has not, within the one (1) year period prior to the Escrow Release Datedate of Amendment No. 4, received any written notice pursuant to the applicable provisions of the PASAPSA, PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products Seller or (ii) any lender to any such supplier or seller Farm Products Seller or any other Person with a security 6991691.13 134 interest in the assets of any such supplier or seller, Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party Borrower are produced, in any case advising or notifying Parent such Borrower of the intention of such supplier or seller Farm Products Seller or other Person to preserve the benefits of any trust applicable to any assets of Parent any Borrower established in favor of such supplier, seller Farm Products Seller or other Person under the provisions of any law or claiming a Lien security interest in 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 Parent a Borrower or any related or other assets of Parent Borrowersuch Borrower (all of the foregoing, together with any such notices as any Borrower may at any time hereafter receive, collectively, the “Food Security Act Notices”). (b) Parent No Borrower is not a “live poultry dealer” (as such term is defined in the PASAPSA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties Borrowers and Guarantors do not purchase livestock pursuant to cash sales as such term is defined in the PASAPSA. Parent Each Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural aquacultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Borrower has notExcept as set forth on Schedule 3.27, no Loan Party has, within the one (1) one-year period prior to the Escrow Release Closing Date, received any written notice pursuant to the applicable provisions of the PASAPSA, the PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products Seller or (ii) any lender to any such supplier or seller Farm Products Seller or any other Person with a security interest in the assets of any such supplier or seller, Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party are produced, in any case advising or notifying Parent Borrower such Loan Party of the intention of such supplier or seller Farm Products Seller or other Person to preserve the benefits of any trust applicable to any assets of Parent the Borrower established in favor of such supplier, seller Farm Products Seller or other Person under the provisions of any law or claiming a 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 Parent Borrower a Loan Party or any related or other assets of Parent Borrowersuch Loan Party (all of the foregoing, together with any such notices as any Loan Party may at any time hereafter receive, collectively, the “Food Security Act Notices”). (b) Parent Borrower No Loan Party is not a “live poultry dealer” (as such term is defined in the PASAPSA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASAPSA. Parent Borrower Each Loan Party is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural aquacultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Except as set forth in Schedule 5.21(a) hereto, Borrower has not, within the one (1) year period prior to the Escrow Release Datedate hereof, received any written notice pursuant to the applicable provisions of the PASA, PACA, 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 supplier or seller of Farm Products Seller or (ii) any lender to any such supplier or seller Farm Products Seller or any other Person with a security interest in the assets of any such supplier or seller, Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party Borrower are produced, in any case advising or notifying Parent Borrower of the intention of such supplier or seller Farm Products Seller or other Person to preserve the benefits of any trust trust, lien or other interest applicable to any assets of Parent Borrower established in favor of such supplier, seller Farm Products Seller or other Person under the provisions of any other law other than PACA or claiming a Lien with respect or security interest in and to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by Parent Borrower or any related or other assets of Parent BorrowerBorrower (all of the foregoing, together with any such notices as Borrower may at any time hereafter receive, collectively, the “Food Security Act Notices”). (b) Parent Borrower is not a “live poultry dealer” (as such term is defined in the PASA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASA. Parent Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing fattening or any other farminggrazing, livestock operations, or agricultural other farming operations. (c) Borrower is not and shall not function as a meat packer, “livestock dealer”, or “live poultry dealer” as those terms are defined under the PSA nor does or shall Borrower purchase or deal in any type of livestock, live poultry, or the slaughtered carcasses thereof whatsoever.

Notices from Farm Products Sellers, etc. (a) Parent Borrower has The Loan Parties have not, within the one (1) year period prior to the Escrow Release Fourth Restatement Effective Date, received any written notice pursuant to the applicable provisions of the PASA, PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products or (ii) any lender to any such supplier or seller or any other Person with a security interest in the assets of any such supplier or seller, or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party are produced, in any case advising or notifying Parent Borrower the Loan Parties of the intention of such supplier or seller or other Person to preserve the benefits of any trust applicable to any assets of Parent Borrower the Loan Parties established in favor of such supplier, seller or other Person under the provisions of any law or claiming a Lien with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by Parent Borrower the Loan Parties or any related or other assets of Parent Borrowerthe Loan Parties. (b) Parent The Lead Borrower is not a “live poultry dealer” (as such term is defined in the PASA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASA. Parent The Lead Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Each Borrower has not, within the one two (12) year period prior to the Escrow Release Datedate 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 PASAPSA, PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products Seller or (ii) any lender to any such supplier or seller Farm Products Seller or any other Person with a security interest in the assets of any such supplier or seller, Farm Products Seller or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party Borrower are produced, in any case advising or notifying Parent such Borrower of the intention of such supplier or seller Farm Products Seller or other Person to preserve the benefits of any trust applicable to any assets of Parent any Borrower established in favor of such supplier, seller Farm Products Seller or other Person under the provisions of any law or claiming a Lien security interest in 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 Parent a Borrower or any related or other assets of Parent Borrowersuch Borrower (all of the foregoing, together with any such notices as any Borrower may at any time hereafter receive, collectively, the "Food Security Act Notices"). (b) Parent No Borrower is not a “"live poultry dealer” " (as such term is defined in the PASAPSA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties Borrowers do not purchase livestock pursuant to cash sales as such term is defined in the PASAPSA. Parent Borrowers are not subject to the trust provisions of PSA because Borrowers have written agreements providing for the extension of credit to them for all purchases of meat, poultry, meat products, poultry products and livestock products by Borrowers. Each Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural aquacultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Each Borrower has not, within the one (1) year period prior to the Escrow Release Datedate hereof, received any written notice pursuant to the applicable provisions of the PASA, PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products or (ii) any lender to any such supplier or seller or any other Person with a security interest in the assets of any such supplier or seller, or (iii) the Secretary of State (or equivalent official) or other Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Loan Party are produced, in any case advising or notifying Parent such Borrower of the intention of such supplier or seller or other Person to preserve the benefits of any trust applicable to any assets of Parent any Borrower established in favor of such supplier, seller or other Person under the provisions of any law or claiming a Lien with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by Parent a Borrower or any related or other assets of Parent such Borrower. (b) Parent No Borrower is not a “live poultry dealer” (as such term is defined in the PASA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASA. Parent Each Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural operations.

Notices from Farm Products Sellers, etc. (a) Parent Borrower has not, within the one (1) year period prior to the Escrow Release Datedate hereof, received any written notice pursuant to the applicable provisions of the PASA, PACA, the Food Security Act, the UCC or any other applicable local laws from (i) any supplier or seller of Farm Products or (ii) any lender to any such supplier or seller or any other Person with a security interest in the assets of any such supplier or 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 such Loan Party are produced, in any case advising or notifying Parent Borrower of the intention of such supplier or seller or other Person to preserve the benefits of any trust applicable to any assets of Parent Borrower established in favor of such supplier, seller or other Person under the provisions of any law or claiming a Lien with respect to any perishable agricultural commodity or any other Farm Products which may be or have been purchased by Parent Borrower or any related or other assets of Parent Borrower. (b) Parent Borrower is not a “live poultry dealer” (as such term is defined in the PASA) or otherwise purchases or deals in live poultry of any type whatsoever. The Loan Parties do not purchase livestock pursuant to cash sales as such term is defined in the PASA. Parent Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazing or any other farming, livestock or agricultural operations.