Common use of Notification of Claim against Collateral Clause in Contracts

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 9 contracts

Samples: Revolving Credit and Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (Emmis Communications Corp)

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Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any material setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 4 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Notification of Claim against Collateral. The Such Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 4 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 4 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

Notification of Claim against Collateral. The Borrower Borrowers will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Holmes Products Corp), Revolving Credit Agreement (Holmes Products Corp), Revolving Credit and Term Loan Agreement (Holmes Group Inc)

Notification of Claim against Collateral. The Borrower will, ---------------------------------------- immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

Notification of Claim against Collateral. The Borrower Borrowers will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any material portion of the Collateral, or the Administrative Agent’s rights with respect to the such Collateral, are subject.

Appears in 4 contracts

Samples: Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Collateral Agent’s 's rights with respect to the Collateral, are subject. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any proposed sale or transfer of any Permitted Inventory Location by the owner thereof.

Appears in 3 contracts

Samples: Subordination Agreement (BTHC VII Inc), Intercreditor Agreement (Prentice Capital Management, LP), Bridge Term Loan Credit Agreement (Whitehall Jewellers Inc)

Notification of Claim against Collateral. The Borrower ---------------------------------------- will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Mapics Inc)

Notification of Claim against Collateral. The Borrower will, immediately promptly upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, material environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 2 contracts

Samples: Credit Agreement (Safety Insurance Group Inc), Revolving Credit Agreement (Safety Insurance Group Inc)

Notification of Claim against Collateral. The Such Borrower will, immediately promptly upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, including environmental claimsclaims referenced in Section 8.4.2), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 2 contracts

Samples: Credit Agreement (Lionbridge Technologies Inc /De/), Credit Agreement (Lionbridge Technologies Inc /De/)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Collateral Agent’s rights with respect to the Collateral, are subject. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any proposed sale or transfer of any Permitted Inventory Location by the owner thereof.

Appears in 2 contracts

Samples: Subordination Agreement (Whitehall Jewelers Holdings, Inc.), Intercreditor and Lien Subordination Agreement (Whitehall Jewellers Inc)

Notification of Claim against Collateral. The Borrower will, immediately upon promptly after becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the CollateralCollateral having a value in excess of $500,000, or the Administrative Agent’s 's rights with respect to the such Collateral, are subject, except for Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp), Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent Agents and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Documentation Agent’s 's rights with respect to the Collateral, are subject.

Appears in 2 contracts

Samples: Debtor in Possession Revolving Credit and Term Loan Agreement (Hvide Marine Inc), Revolving Credit and Term Loan Agreement (Hvide Marine Inc)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Collateral Agent’s 's rights with respect to the Collateral, are subject. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Banks in writing of any proposed sale or transfer of any Permitted Inventory Location by the owner thereof.

Appears in 1 contract

Samples: Revolving Credit and Gold Consignment Agreement (Whitehall Jewellers Inc)

Notification of Claim against Collateral. The Borrower Each of the Borrowers will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

Notification of Claim against Collateral. The Parent ---------------------------------------- and the Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Chart House Enterprises Inc)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Digitas Inc)

Notification of Claim against Collateral. The Borrower Each of the Borrowers will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims claim (including, with respect to the Real Estate, environmental claims), withholdings withholding or other defenses defense to which any of the CollateralCollateral having a value in excess of $500,000, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Senior Secured Priming and Superpriority Debtor in Possession Credit Agreement (Real Mex Restaurants, Inc.)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings in an aggregate amount of more than [**] or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aztec Technology Partners Inc /De/)

Notification of Claim against Collateral. The Borrower will, immediately promptly upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are is subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Weider Nutrition International Inc)

Notification of Claim against Collateral. The Borrower Borrowers will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Terex Corp)

Notification of Claim against Collateral. The Each Borrower will, ---------------------------------------- immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses involving amounts in excess of $500,000 in the aggregate to which any of the Collateral, Collateral or the Administrative Agent’s 's rights with respect to the Collateral, Collateral are subject.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Fargo Electronics Inc)

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Notification of Claim against Collateral. The Borrower Each of the Borrowers will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims claim (including, with respect to the Real Estate, environmental claims), withholdings withholding or other defenses defense to which any material portion of the Collateral, or the Administrative Agent’s rights with respect to any material portion of the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dave & Busters Inc)

Notification of Claim against Collateral. The Except for Permitted Liens, the Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claimsclaims in excess of $500,000), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Blue Steel Capital Corp)

Notification of Claim against Collateral. The Borrower Borrowers will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the CollateralCollateral or any of the Real Estate, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Morgan Group Inc)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent (and the Administrative Agent shall promptly provide copies to each of the Lenders Lender) in writing of any material setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Term Loan Agreement (CAI International, Inc.)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses (collectively, the "Collateral Claims") to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subjectsubject if the amount of such Collateral Claim is in excess of $2,000,000 in the aggregate.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

Notification of Claim against Collateral. The Borrower Borrowers will, immediately promptly upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses ) to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subjectsubject and which are reasonably likely to have a Materially Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Century Aluminum Co)

Notification of Claim against Collateral. The Borrower Each of the Loan Parties will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Credit Agreement (Crystal Rock Holdings, Inc.)

Notification of Claim against Collateral. The Borrower Borrowers ---------------------------------------- will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the any Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Multicurrency Revolving Credit and Term Loan Agreement (Samsonite Holdings Inc)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the CollateralCollateral with a value in excess of $100,000, or the Administrative Agent’s rights with respect to the CollateralCollateral with a value in excess of $100,000, are subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject, other than claims relating to Accounts Receivable.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Arrow Automotive Industries Inc)

Notification of Claim against Collateral. The Borrower ---------------------------------------- will, immediately upon promptly after becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the CollateralCollateral having a value in excess of $500,000, or the Administrative Agent’s 's rights with respect to the such Collateral, are subject, except for Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)

Notification of Claim against Collateral. The Borrower will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claimsclaims in excess of $1,500,000), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rti Capital Corp)

Notification of Claim against Collateral. The Borrower Borrowers will, immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s rights with respect to the Collateral, are subject.

Appears in 1 contract

Samples: Revolving Credit Agreement (Seneca Foods Corp /Ny/)

Notification of Claim against Collateral. The Borrower Borrowers will, immediately promptly upon becoming aware thereof, notify the Administrative Agent and each of the Lenders in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subjectsubject and which are reasonably likely to have a Materially Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Century Aluminum Co)

Notification of Claim against Collateral. The Borrower will, ------------ -- ----- ------- ---------- immediately upon becoming aware thereof, notify the Administrative Agent and each of the Lenders Banks in writing of any setoff, claims (including, with respect to the Real Estate, environmental claims), withholdings or other defenses (collectively, the "Collateral Claims") to which any of the Collateral, or the Administrative Agent’s 's rights with respect to the Collateral, are subjectsubject if the amount of such Collateral Claim is in excess of $1,000,000 in the aggregate.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

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