Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank to enforce, the Bank's security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's security interest in such Collateral, (d) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (f) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 3 contracts
Samples: Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)
Other Actions as to any and all Collateral. The Borrower Company further agrees to take any other action reasonably requested by the Bank Lender to insure the attachment, perfection and first priority of, and the ability of the Bank to enforceLender’s other rights with respect to, the BankLender's security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the BorrowerCompany's signature thereon is required therefor, (b) causing the BankLender's name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the BankLender's security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the BankLender's security interest in such Collateral, (d) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person person obligated on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, Lender and (f) taking all actions required by any earlier versions of the UCC in effect from time to time Uniform Commercial Code or by other law, as applicable in any relevant UCC Uniform Commercial Code jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 2 contracts
Samples: Subordinated Loan Agreement (Rurbanc Data Services Inc), Subordinated Loan Agreement (Rurbanc Data Services Inc)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank Lender to insure ensure the attachment, perfection and first priority of, and the ability of the Bank Lender to enforce, the Bank's Lender’s security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's Lender’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the BankLender, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 2 contracts
Samples: Loan and Security Agreement (Flux Power Holdings, Inc.), Loan and Security Agreement (Polar Power, Inc.)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure ensure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral includingCollateral, without limitation, including (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good at the Bank's request if such notation is a condition to attachment, perfection or priority of, or ability of the bank to enforce, the Bank's ’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining using commercially reasonable efforts to obtain waivers from mortgagees and landlords in form and substance reasonably satisfactory to the Bank, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC Uniform Commercial Code jurisdiction, or by other law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Bank harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Atlas Financial Holdings, Inc.)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral including, without limitation, (ai) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's ’s signature thereon is required therefortherefore, (bii) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank to enforce, the Bank's ’s security interest in such Collateral, (ciii) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such CollateralCollateral (including, but not limited to, §11301 of Title 49 of the United States Code in respect of Equipment), (div) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ev) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (fvi) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 2 contracts
Samples: Loan and Security Agreement (Banyan Rail Services Inc.), Loan and Security Agreement (Bhit Inc)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank Lender to insure ensure the attachment, perfection and first priority of, and the ability of the Bank Lender to enforce, the Bank's Lender’s security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's Lender’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the BankLender, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Lender harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
Appears in 2 contracts
Samples: Loan and Security Agreement (Digital Ally, Inc.), Loan and Security Agreement (Chromcraft Revington Inc)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's ’s signature thereon is required therefor, (b) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Bank to enforce, the Bank's ’s security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (d) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person person obligated on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, Bank and (f) taking all actions required by any earlier versions of the UCC in effect from time to time Uniform Commercial Code or by other law, as applicable in any relevant UCC Uniform Commercial Code jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 2 contracts
Samples: Security Agreement (XCel Brands, Inc.), Security Agreement (XCel Brands, Inc.)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure ensure the attachment, perfection and first priority ofof (subject to Permitted Liens), and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral includingCollateral, without limitation, including (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, of or ability of the bank to enforce, the Bank's ’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, . perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (fe) taking all actions required by the UCC Code in effect from time to time or by other law, as applicable in any relevant UCC Code jurisdiction, or by other law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Bank harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure ensure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's security interest in any and all of the Collateral includingCollateral, without limitation, including (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank to enforce, the Bank's security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's security interest in such Collateral, (dc) obtaining making reasonable efforts to obtain governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining making reasonable efforts to obtain waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Bank harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Birner Dental Management Services Inc)
Other Actions as to any and all Collateral. The Borrower Company further agrees to take any other action reasonably requested by the Bank Lender to insure the attachment, perfection and first priority of, and the ability of the Bank Lender to enforce, the BankLender's security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial CodeCode , to the extent, if any, that the BorrowerCompany's signature sig nature thereon is required therefor, (b) causing the Bank's Lender ' s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the Bank's Lender' s security interest in such CollateralCollateral , (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the BankLender's security interest in such CollateralCo lla te ral, (d) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person person obligated on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the BankLender, and (f) taking all alt actions required by any earlier versions of the UCC in effect from time to time Uniform Commercial Code or by other law, as applicable in any relevant UCC Uniform Commercial Code jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 1 contract
Samples: Revolving Note and Credit Agreement Modification Agreement (International Baler Corp)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's ’s signature thereon is required therefor, (b) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank to enforce, the Bank's ’s security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (d) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (f) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction. Borrower hereby authorizes Bank to file such financing statements and extensions as Bank from time to time deems necessary or desirable to continue the perfection of its security interest in the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Huron Consulting Group Inc.)
Other Actions as to any and all Collateral. The Each Borrower further agrees to take any other action reasonably requested by the Bank Lender to insure ensure the attachment, perfection and first priority of, and the ability of the Bank Lender to enforce, the Bank's Lender’s security interest in any and all of the Collateral includingCollateral, without limitation, including (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's Lender’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the BankLender, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction. Each Borrower further agrees to indemnify and hold the Lender harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Amerinac Holding Corp.)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial CodeUCC, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Bank to enforce, the Bank's security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's security interest in such Collateral, (d) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (f) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (Fortune Industries, Inc.)
Other Actions as to any and all Collateral. The Borrower Borrowers further agrees agree to take any other action reasonably requested by the Bank to insure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's Borrowers’ signature thereon is required therefor, (b) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank to enforce, the Bank's ’s security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (d) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (f) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 1 contract
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure ensure the attachment, perfection and first priority (subject to Permitted Liens) of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral includingCollateral, without limitation, including (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank to enforce, the Bank's ’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Bank harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Argyle Security, Inc.)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank Lender to insure ensure the attachment, perfection and first priority of, and the ability of the Bank Lender to enforce, the BankLender's security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the BankLender's name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the BankLender's security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the BankLender's security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the BankLender, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 1 contract
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure ensure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank to enforce, the Bank's ’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Bank harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral, other than in connection with a Permitted Lien to the extent of such Lien.
Appears in 1 contract
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank Lender to insure the attachment, perfection and first priority of, and the ability of the Bank Lender to enforce, the Bank's enforce Lender’s security interest in any and all of the Collateral includingCollateral, including without limitation, limitation (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's ’s signature thereon is required therefor, (b) causing the Bank's Lender’s name to be noted as a secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the Bank's enforce Lender’s security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the Bank's enforce Lender’s security interest in such Collateral, (d) obtaining governmental and other third party consents and approvals, including without limitation limitation, any consent of any licensor, lessor or other Person obligated person on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, Lender and (f) taking all actions required by any earlier versions of the UCC in effect from time to time Uniform Commercial Code or by other law, as applicable in any relevant UCC Uniform Commercial Code jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 1 contract
Samples: Loan Security and Service Agreement (Auto Underwriters of America, Inc.)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure the attachment, perfection and first I\15453359.12 priority of, and the ability of the Bank to enforce, the Bank's security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Bank to enforce, the Bank's security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's security interest in such Collateral, (d) obtaining using commercially reasonable efforts to obtain governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (e) obtaining using commercially reasonable efforts to obtain waivers from mortgagees and landlords in form and substance reasonably satisfactory to the Bank, and (f) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
Appears in 1 contract
Samples: Loan and Security Agreement (AquaBounty Technologies, Inc.)
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank Lender to insure ensure the attachment, perfection and first priority of, and the ability of the Bank Lender to enforce, the Bank's Lender’s security interest in any and all of the Collateral includingCollateral, without limitation, including (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's Lender’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the BankLender, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Lender harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
Appears in 1 contract
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank to insure ensure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Bank to enforce, the Bank's ’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the Bank, and (fe) taking all actions required by the UCC in effect from time to time or by other lawLaw, as applicable in any relevant UCC jurisdiction, or by other law Law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Bank harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
Appears in 1 contract
Other Actions as to any and all Collateral. The Borrower further agrees to take any other action reasonably requested by the Bank Lender to insure ensure the attachment, perfection and first priority of, and the ability of the Bank Lender to enforce, the Bank's Lender’s security interest in any and all of the Collateral includingCollateral, without limitation, including (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the Borrower's signature thereon is required therefor, (b) causing the Bank's Lender’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (cb) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lender to enforce, the Bank's Lender’s security interest in such Collateral, (dc) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ed) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the BankLender, and (fe) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction. The Borrower further agrees to indemnify and hold the Lender harmless against claims of any Persons not a party to this Agreement concerning disputes arising over the Collateral.
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Samples: Revolving Credit and Security Agreement (Millennium Ethanol, LLC)
Other Actions as to any and all Collateral. The Borrower Borrowers further agrees agree to take any other action reasonably requested by the Bank to insure the attachment, perfection and first priority of, and the ability of the Bank to enforce, the Bank's ’s security interest in any and all of the Collateral including, without limitation, (ai) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the a Borrower's ’s signature thereon is required therefortherefore, (bii) causing the Bank's ’s name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Bank to enforce, the Bank's ’s security interest in such Collateral, (ciii) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank to enforce, the Bank's ’s security interest in such Collateral, (div) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (ev) obtaining waivers from mortgagees and landlords in form and substance satisfactory to the BankBank to the extent Collateral is located at such Premises and included in the Borrowing Base, and (fvi) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
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Samples: Loan and Security Agreement (FreightCar America, Inc.)
Other Actions as to any and all Collateral. The Each Borrower further agrees to take any other action reasonably requested by the Bank Lenders to insure the attachment, perfection and first priority of, and the ability of the Bank Lenders to enforce, the Bank's Lenders’ security interest in any and all of the Collateral including, without limitation, (a) executing, delivering and, where appropriate, filing financing statements and amendments relating thereto under the Uniform Commercial Code, to the extent, if any, that the such Borrower's ’s signature thereon is required therefor, (b) causing the Bank's Lenders’ name to be noted as secured party on any certificate of title for a titled good if such notation is a condition to attachment, perfection or priority of, or ability of the bank Lenders to enforce, the Bank's Lenders’ security interest in such Collateral, (c) complying with any provision of any statute, regulation or treaty of the United States as to any Collateral if compliance with such provision is a condition to attachment, perfection or priority of, or ability of the Bank Lenders to enforce, the Bank's Lenders’ security interest in such Collateral, (d) obtaining governmental and other third party consents and approvals, including without limitation any consent of any licensor, lessor or other Person obligated on Collateral, (e) obtaining waivers from mortgagees and landlords in form and substance reasonably satisfactory to the BankLenders, and (f) taking all actions required by the UCC in effect from time to time or by other law, as applicable in any relevant UCC jurisdiction, or by other law as applicable in any foreign jurisdiction.
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Samples: Loan and Security Agreement (I2 Telecom International Inc)