Common use of Perfection of Possessory Security Interests Clause in Contracts

Perfection of Possessory Security Interests. For the limited purpose of perfecting the security interests of the Parties in those types or items of Collateral in which a security interest only may be perfected by possession or control, each Party hereby appoints the other as its representative for the limited purpose of possessing on its behalf any such Collateral that may come into the possession or control of such other Party from time to time, and each Party agrees to act as the other's representative for such limited purpose of perfecting the other's security interest by possession or control through a representative, provided that neither Party shall incur any liability to the other by virtue of acting as the other's representative hereunder. In this regard, any Party that is in possession or control of any such item of Collateral agrees that if it elects to relinquish possession or control of such item of Collateral it shall deliver possession or control thereof to the other Party; provided, that no Party shall be required to deliver any such item of Collateral or take any other action referred to in this section to the extent that such action would contravene any law, order or other legal requirements, and in the event of a controversy or dispute, such Party may interplead any item of Collateral in any court of competent jurisdiction.

Appears in 5 contracts

Samples: Loan and Security Agreement (Majestic Investor Capital Corp), Intercreditor Agreement (Peninsula Gaming Corp), Intercreditor Agreement (Peninsula Gaming Corp)

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Perfection of Possessory Security Interests. For the limited purpose of perfecting the security interests of the Parties in those types or items of Collateral in which a security interest only may be perfected by possession or control, each Party hereby appoints the other as its representative for the limited purpose of possessing on its behalf any such Collateral that may come into the possession or control of such other Party from time to time, and each Party agrees to act as the other's ’s representative for such limited purpose of perfecting the other's ’s security interest by possession or control through a representative; provided that, provided that neither Party shall incur any liability to the other by virtue of acting as the other's ’s representative hereunder. In this regard, any Party that is in possession or control of any such item of Collateral agrees that if it elects to relinquish possession or control of such item of Collateral it shall deliver possession or control thereof to the other Party; providedprovided that, that no Party shall be required to deliver any such item of Collateral or take any other action referred to in this section Section 4.2 to the extent that such action would contravene any law, order or other legal requirements, and in the event of a controversy or dispute, such Party may interplead any item of Collateral in any court of competent jurisdiction.

Appears in 2 contracts

Samples: Intercreditor Agreement (TWC Holding Corp.), Intercreditor Agreement (Wornick CO Right Away Division, L.P.)

Perfection of Possessory Security Interests. For the limited purpose of perfecting the security interests of the Parties in those types or items of Collateral in which a security interest only may be perfected by possession or control, each Party hereby appoints the other as its representative for the limited purpose of possessing on its behalf any such Collateral that may come into the possession or control of such other Party from time to time, and each Party agrees to act as the other's representative for such limited purpose of perfecting the other's security interest by possession or control through a representative, provided that neither Party shall incur any liability to the other by virtue of acting as the other's representative hereunderhereunder beyond that which is contemplated by this Agreement. In this regard, any Party that is in possession or control of any such item of Collateral agrees that if it elects to relinquish possession or control of such item of Collateral Collateral, it shall deliver possession or control thereof to the other Party; provided, provided that no Party shall be required to deliver any such item of Collateral or take any other action referred to in this section Section 4.2 to the extent that such action would contravene any law, order or other legal requirements, and in the event of a controversy or dispute, such Party may interplead any item of Collateral in any court of competent jurisdiction.

Appears in 1 contract

Samples: Intercreditor Agreement (Riviera Holdings Corp)

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Perfection of Possessory Security Interests. (a) For the limited purpose of perfecting the security interests of the Parties in those types or items of Credit Agreement Collateral in which a security interest only may be perfected by possession or control, each Party hereby appoints the other as its representative for the limited purpose of possessing on its behalf any such Credit Agreement Collateral that may come into the possession or control of such other Party from time to time, and each Party agrees to act as the other's representative for such limited purpose of perfecting the other's security interest by possession or control through a representative, provided that neither Party shall incur any liability to the other by virtue of acting as the other's representative hereunder. In this regard, any Party that is in possession or control of any such item of Credit Agreement Collateral agrees that if it elects to relinquish possession or control of such item of Credit Agreement Collateral it shall deliver possession or control thereof to the other Party; provided, provided that no neither Party shall be required to deliver any such item of Credit Agreement Collateral or take any other action referred to in this section to the extent that such action would contravene any law, order or other legal requirements, and in the event of a controversy or dispute, such Party may interplead any item of Credit Agreement Collateral in any court of competent jurisdiction.

Appears in 1 contract

Samples: Intercreditor Agreement (Jalou Cashs LLC)

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