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

Notices from Farm Products Sellers, etc. (a) No Obligated Party has, within the one (1) year period prior to the Closing Date, received any written notice pursuant to the applicable provisions of any 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 Authority of any state, commonwealth or political subdivision thereof in which any Farm Products purchased by such Obligated Party are produced, in any case advising or notifying such Obligated Party of the intention of such Farm Products Seller or other Person to preserve the benefits of any Lien or trust applicable to any assets of any Obligated Party established in favor of such Farm Products Seller or other Person under the provisions of any 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 an Obligated Party or any related or other assets of such Obligated Party (all of the foregoing, together with any such notices as Obligated Party may at any time hereafter receive, collectively, the “Farm Products Notices”). (b) No Obligated Party is engaged in, and shall not engage in, raising, fattening, grazing, or other farming operations. (c) Each Obligated Party shall obtain the Agent’s written consent prior to purchasing any Farm Products from a Person who produces such Farm Products in a state with a central filing system certified by the United States Secretary of Agriculture, and, to the extent required by applicable law or necessary to obtain the benefits of any Requirement of Law, register as a buyer with the Secretary of State of such state (or the designated system operator). Each Obligated Party shall forward promptly to the Agent a copy of such registration as well as a copy of all relevant portions of the master list periodically distributed by any such Secretary of State (or the designated system operator). Each Obligated Party shall comply with any payment of obligations in connection with the purchase of any Farm Products imposed by a secured party as a condition of the waiver or release of a trust or Lien effective under any Farm Products Law whether or not as a result of direct notice or the filing under any applicable central filing system. Each Obligated Party shall also (i) promptly notify the Agent, in writing, of the receipt of any direct notice received pursuant to any Farm Products Law and provide the Agent with a true and complete copy of the same, and (ii) not later than the fifth (5th) day of each month, provide to the Agent true and correct copies of all state filings recorded in any such central filing system in respect of a Person from whom an Obligated Party has purchased Farm Products within the preceding 12 months.

Notices from Farm Products Sellers, etc. (a) No Obligated Party has, within the one (1) year period prior to the Closing Date, received any written notice pursuant to the applicable provisions of any 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 Authority of any state, commonwealth or political subdivision thereof in which any Farm Products purchased by such Obligated Party are produced, in any case advising or notifying such Obligated Party of the intention of such Farm Products Seller or other Person to preserve the benefits of any Lien or trust applicable to any assets of any Obligated Party established in favor of such Farm Products Seller or other Person under the provisions of any 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 an Obligated Party or any related or other assets of such Obligated Party (all of the foregoing, together with any such notices as Obligated Party may at any time hereafter receive, collectively, the “"Farm Products Notices”"). (b) No Obligated Party is engaged in, and shall not engage in, raising, fattening, grazing, or other farming operations. (c) Each Obligated Party shall obtain the Agent’s 's written consent prior to purchasing any Farm Products from a Person who produces such Farm Products in a state with a central filing system certified by the United States Secretary of Agriculture, and, to the extent required by applicable law or necessary to obtain the benefits of any Requirement of Law, register as a buyer with the Secretary of State of such state (or the designated system operator). Each Obligated Party shall forward promptly to the Agent a copy of such registration as well as a copy of all relevant portions of the master list periodically distributed by any such Secretary of State (or the designated system operator). Each Obligated Party shall comply with any payment of obligations in connection with the purchase of any Farm Products imposed by a secured party as a condition of the waiver or release of a trust or Lien effective under any Farm Products Law whether or not as a result of direct notice or the filing under any applicable central filing system. Each Obligated Party shall also (i) promptly notify the Agent, in writing, of the receipt of any direct notice received pursuant to any Farm Products Law and provide the Agent with a true and complete copy of the same, and (ii) not later than the fifth (5th) day of each month, provide to the Agent true and correct copies of all state filings recorded in any such central filing system in respect of a Person from whom an Obligated Party has purchased Farm Products within the preceding 12 months.

Notices from Farm Products Sellers, etc. (a) No Obligated Party hasExcept as set forth in Schedule 5.21(a) hereto, Borrower has not, within the one (1) year period prior to the Closing Datedate hereof, received any written notice pursuant to the applicable provisions of the Food Security Act, or pursuant to the Code or any Farms Products Law 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 Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Obligated Party Borrower are produced, in any case advising or notifying such Obligated Party Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any Lien trust, lien or trust other interest applicable to any assets of any Obligated Party Borrower established in favor of such Farm Products Seller or other Person under the provisions of 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 an Obligated Party Borrower or any related or other assets of such Obligated Party Borrower (all of the foregoing, together with any such notices as Obligated Party Borrower may at any time hereafter receive, collectively, the “Farm Products "Food Security Act Notices”"). (b) No Obligated Party Borrower is not engaged in, and shall not engage in, raising, fatteningcultivating, propagating, fattening or grazing, livestock operations, or other farming operations. (c) Each Obligated Party Borrower is not and shall obtain the Agent’s written consent prior to purchasing any Farm Products from a Person who produces such Farm Products in a state with a central filing system certified by the United States Secretary of Agriculture, and, to the extent required by applicable law or necessary to obtain the benefits of any Requirement of Law, register not function as a buyer with meat packer, "livestock dealer", or "live poultry dealer" as those terms are defined under the Secretary PSA nor does or shall Borrower purchase or deal in any type of State of such state (livestock, live poultry, or the designated system operator). Each Obligated Party shall forward promptly to the Agent a copy of such registration as well as a copy of all relevant portions of the master list periodically distributed by any such Secretary of State (or the designated system operator). Each Obligated Party shall comply with any payment of obligations in connection with the purchase of any Farm Products imposed by a secured party as a condition of the waiver or release of a trust or Lien effective under any Farm Products Law whether or not as a result of direct notice or the filing under any applicable central filing system. Each Obligated Party shall also (i) promptly notify the Agent, in writing, of the receipt of any direct notice received pursuant to any Farm Products Law and provide the Agent with a true and complete copy of the same, and (ii) not later than the fifth (5th) day of each month, provide to the Agent true and correct copies of all state filings recorded in any such central filing system in respect of a Person from whom an Obligated Party has purchased Farm Products within the preceding 12 monthsslaughtered carcasses thereof whatsoever.

Notices from Farm Products Sellers, etc. (a) No Obligated Party hasEach Borrower has not, within the one two (12) year period prior to the Closing 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 PSA, PACA, the Food Security Act, the UCC or any Farms Products Law 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 Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Obligated Party Borrower are produced, in any case advising or notifying such Obligated Party Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any Lien or trust applicable to any assets of any Obligated Party Borrower established in favor of such Farm Products Seller or other Person under the provisions of any 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 an Obligated Party a Borrower or any related or other assets of such Obligated Party Borrower (all of the foregoing, together with any such notices as Obligated Party any Borrower may at any time hereafter receive, collectively, the “Farm Products Food Security Act Notices”). (b) No Obligated Party Borrower is a “live poultry dealer” (as such term is defined in the PSA) or otherwise purchases or deals in live poultry of any type whatsoever. Borrowers do not purchase livestock pursuant to cash sales as such term is defined in the PSA. 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, grazinggrazing or any other farming, livestock or other farming aquacultural operations. (c) Each Obligated Party shall obtain the Agent’s written consent prior to purchasing any Farm Products from a Person who produces such Farm Products in a state with a central filing system certified by the United States Secretary of Agriculture, and, to the extent required by applicable law or necessary to obtain the benefits of any Requirement of Law, register as a buyer with the Secretary of State of such state (or the designated system operator). Each Obligated Party shall forward promptly to the Agent a copy of such registration as well as a copy of all relevant portions of the master list periodically distributed by any such Secretary of State (or the designated system operator). Each Obligated Party shall comply with any payment of obligations in connection with the purchase of any Farm Products imposed by a secured party as a condition of the waiver or release of a trust or Lien effective under any Farm Products Law whether or not as a result of direct notice or the filing under any applicable central filing system. Each Obligated Party shall also (i) promptly notify the Agent, in writing, of the receipt of any direct notice received pursuant to any Farm Products Law and provide the Agent with a true and complete copy of the same, and (ii) not later than the fifth (5th) day of each month, provide to the Agent true and correct copies of all state filings recorded in any such central filing system in respect of a Person from whom an Obligated Party has purchased Farm Products within the preceding 12 months.

Notices from Farm Products Sellers, etc. (a) No Obligated Party hasEach Borrower has not, within the one (1) year period prior to the Closing Datedate hereof, received any written notice pursuant to the applicable provisions of the PSA, PACA, the Food Security Act, the UCC or any Farms Products Law 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 Governmental Authority of any stateState, commonwealth Commonwealth or political subdivision thereof in which any Farm Products purchased by such Obligated Party Borrower are produced, in any case advising or notifying such Obligated Party Borrower of the intention of such Farm Products Seller or other Person to preserve the benefits of any Lien or trust applicable to any assets of any Obligated Party Borrower established in favor of such Farm Products Seller or other Person under the provisions of any 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 an Obligated Party a Borrower or any related or other assets of such Obligated Party Borrower (all of the foregoing, together with any such notices as Obligated Party any Borrower may at any time hereafter receive, collectively, the “Farm Products Food Security Act Notices”). (b) No Obligated Party Borrower is a “live poultry dealer” (as such term is defined in the PSA) or otherwise purchases or deals in live poultry of any type whatsoever. Borrowers and Guarantors do not purchase livestock pursuant to cash sales as such term is defined in the PSA. Each Borrower is not engaged in, and shall not engage in, raising, cultivating, propagating, fattening, grazinggrazing or any other farming, livestock or other farming aquacultural operations. (c) Each Obligated Party shall obtain the Agent’s written consent prior to purchasing any Farm Products from a Person who produces such Farm Products in a state with a central filing system certified by the United States Secretary of Agriculture, and, to the extent required by applicable law or necessary to obtain the benefits of any Requirement of Law, register as a buyer with the Secretary of State of such state (or the designated system operator). Each Obligated Party shall forward promptly to the Agent a copy of such registration as well as a copy of all relevant portions of the master list periodically distributed by any such Secretary of State (or the designated system operator). Each Obligated Party shall comply with any payment of obligations in connection with the purchase of any Farm Products imposed by a secured party as a condition of the waiver or release of a trust or Lien effective under any Farm Products Law whether or not as a result of direct notice or the filing under any applicable central filing system. Each Obligated Party shall also (i) promptly notify the Agent, in writing, of the receipt of any direct notice received pursuant to any Farm Products Law and provide the Agent with a true and complete copy of the same, and (ii) not later than the fifth (5th) day of each month, provide to the Agent true and correct copies of all state filings recorded in any such central filing system in respect of a Person from whom an Obligated Party has purchased Farm Products within the preceding 12 months.