Common use of Ownership and Defense of Title Clause in Contracts

Ownership and Defense of Title. (a) Except for Permitted Liens, the Borrower shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien on, or sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, and except for dispositions that are otherwise expressly permitted under this Agreement. The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Agent or the Lenders to any other sale or other disposition of any part or all of the Collateral.

Appears in 8 contracts

Samples: Loan and Security Agreement (Synthetic Industries Inc), Loan and Security Agreement (Texfi Industries Inc), Loan and Security Agreement (Meadowcraft Inc)

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Ownership and Defense of Title. (a) Except for Permitted Liens, the Borrower Obligors shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien on, or sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, and except for dispositions that are otherwise expressly permitted under this Agreement. The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Agent or the Lenders to any other sale or other disposition of any part or all of the Collateral.

Appears in 4 contracts

Samples: Loan and Security Agreement (Tultex Corp), Safety Components International Inc, Tultex Corp

Ownership and Defense of Title. (a) Except for Agent's Liens and Permitted Liens, the Borrower shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien on, or sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, and except for dispositions that are otherwise expressly permitted under this AgreementSecurity Agreement or the other Loan Documents. The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Agent or the Lenders to any other sale or other disposition of any part or all of the Collateral.

Appears in 2 contracts

Samples: Loan Agreement (Bti Telecom Corp), Loan Agreement (Bti Telecom Corp)

Ownership and Defense of Title. (a) Except for Permitted Liens, the A Borrower shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien Lien, except for Permitted Liens, on, or or, except as permitted by Section 11.7, sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, customers and except for dispositions that are as otherwise expressly permitted under this Agreementcontemplated herein. The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Administrative Agent or the Lenders any Lender to any other sale or other disposition of any part or all of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Ownership and Defense of Title. (a) Except for Permitted Liens, the The Borrower shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien Lien, except for Permitted Liens, on, or or, except as permitted by Section 11.7, sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, customers and except for dispositions that are as otherwise expressly permitted under this Agreementcontemplated herein. The inclusion of "β€œproceeds" ” of the Collateral under the Security Interest shall not be deemed a consent by the Administrative Agent or the Lenders any Lender to any other sale or other disposition of any part or all of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Ownership and Defense of Title. (a) Except for Permitted Liens, the Borrower shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien Lien on, or sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in, grant a license in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, and except for dispositions that are otherwise expressly permitted under this Agreement. The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Agent or the Lenders to any other sale or other disposition of any part or all of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Gni Group Inc /De/)

Ownership and Defense of Title. (a) Except for Permitted Liens, the Borrower Borrowers shall at all times be the sole owner or lessee owners of each and every item of Collateral and shall not create any lien on, or sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in or otherwise dispose of, any of the Collateral or any interest therein, except for (i) sales and leases of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, and except for (ii) other dispositions that are otherwise expressly permitted under this Agreement. The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Agent or the Lenders to any other sale or other disposition of any part or all of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (American Aircarriers Support Inc)

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Ownership and Defense of Title. (a) Except for Permitted Liens, the Borrower Loan Parties, respectively, shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien Lien on, or sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in, grant a license in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, and except for dispositions that are otherwise expressly permitted under this AgreementAgreement (including without limitation, SECTION 13.6). The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Agent or the Lenders to any other sale or other disposition of any part or all of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Compusa Inc)

Ownership and Defense of Title. (a) Except for Permitted Liens, the Borrower or its Subsidiaries shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien on, or sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, and except for dispositions that are otherwise expressly permitted under this AgreementAgreement (including, without limitation, such dispositions as permitted under Section 12.7(f) hereof). The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Agent or the Lenders to any other sale or other disposition of any part or all of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Ithaca Industries Inc)

Ownership and Defense of Title. (a) Except for Permitted Liens, the Borrower shall at all times be the sole owner or lessee of each and every item of Collateral and shall not create any lien Lien on, or sell, lease, exchange, assign, transfer, pledge, hypothecate, grant a security interest or security title in or otherwise dispose of, any of the Collateral or any interest therein, except for sales of Inventory in the ordinary course of business, for cash or on open account or on terms of payment ordinarily extended to its customers, customers and except for dispositions that are as otherwise expressly permitted under this Agreementcontemplated herein. The inclusion of "proceeds" of the Collateral under the Security Interest shall not be deemed a consent by the Agent or the Lenders to any other sale or other disposition of any part or all of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Supreme International Corp)

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