Common use of Representations and Warranties Concerning Collateral, Etc Clause in Contracts

Representations and Warranties Concerning Collateral, Etc. The Debtor further represents and warrants to the Secured Party as follows: (a) the Debtor is the owner of the Collateral, free from any right or claim or any person or any adverse lien, security interest or other encumbrance, except for the security interest created by this Agreement and other liens permitted by the Loan Agreement, (b) none of the Collateral constitutes, or is the proceeds of, “farm products” as defined in Section 9-102(a)(34) of the Uniform Commercial Code of the State, (c)the Debtor holds no commercial tort claim, (d) the Debtor has at all times operated its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, (e) all other information set forth herein or in the Loan Agreement pertaining to the Collateral is accurate and complete, and (g) that there has been no change in any information provided herein or in the Loan Agreement since the date on which it was executed by the Debtor.

Appears in 2 contracts

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

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Representations and Warranties Concerning Collateral, Etc. The Debtor further represents and warrants to the Secured Party as follows: (a) the Debtor is the owner of the Collateral, free from any right or claim or any person or any adverse lien, security interest or other encumbrance, except for the security interest created by this Agreement and other liens permitted by the Loan Credit Agreement, (b) none of the Collateral constitutes, or is the proceeds of, “farm products” as defined in Section 9-102(a)(34) of the Uniform Commercial Code of the State, (c)the c) the Debtor holds no commercial tort claimclaim except as set forth on Schedule “8” hereto, and (d) the Debtor has at all times operated its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, (e) all other information set forth herein or in the Loan Agreement provided by Debtor to Secured Party pertaining to the Collateral is accurate and accurate, complete, and (g) that there has been no change in any information provided herein or in the Loan Agreement since the date on which it was executed by the Debtorunchanged.

Appears in 1 contract

Samples: Security Agreement (Xeta Technologies Inc)

Representations and Warranties Concerning Collateral, Etc. The Debtor Company further represents and warrants to the Secured Party Lender as follows: (a) the Debtor Company is the owner of or has other rights in or power to transfer the Collateral, free from any right or claim or any person or any adverse lien, security interest or other encumbrance, except for the security interest created by this Agreement and other liens permitted by the Loan Credit Agreement, (b) none of the Collateral constitutes, or is the proceeds of, “farm products” as defined in Section 9§ 9.1-102(a)(34) of the Uniform Commercial Code of the State, (c)the Debtor holds no commercial tort claimc) none of the account debtors or other persons obligated on any of the Collateral is a governmental authority subject to the federal Assignment of Claims Act or like federal, state or local statute or rule in respect of such Collateral, (d) the Debtor Company holds no commercial tort claim except as indicated on the Perfection Certificate, (e) the Company has at all times operated its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (ef) all other information set forth herein or in on the Loan Agreement Perfection Certificate pertaining to the Collateral is accurate and complete, and (g) that there has been no change in any information provided herein or in the Loan Agreement since the date on which it was executed by the Debtor.

Appears in 1 contract

Samples: Security Agreement (Janel Corp)

Representations and Warranties Concerning Collateral, Etc. The Debtor Company further represents and warrants to the Secured Party Lender as follows: (a) the Debtor Company is the owner of or has other rights in or power to transfer the Collateral, free from any right or claim or any person or any adverse lien, security interest or other encumbrance, except for the security interest created by this Agreement and other liens permitted by the Loan Credit Agreement, (b) none of the Collateral constitutes, or is the proceeds of, "farm products" as defined in Section 9ss. 9.1-102(a)(34) of the Uniform Commercial Code of the State, (c)the Debtor holds no commercial tort claimc) none of the account debtors or other persons obligated on any of the Collateral is a governmental authority subject to the federal Assignment of Claims Act or like federal, state or local statute or rule in respect of such Collateral, (d) the Debtor Company holds no commercial tort claim except as indicated on the Perfection Certificate, (e) the Company has at all times operated its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (ef) all other information set forth herein or in on the Loan Agreement Perfection Certificate pertaining to the Collateral is accurate and complete, and (g) that there has been no change in any information provided herein or in the Loan Agreement since the date on which it was executed by the Debtor.

Appears in 1 contract

Samples: Security Agreement (Cohesant Inc.)

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Representations and Warranties Concerning Collateral, Etc. The Debtor Company further represents and warrants to the Secured Party Lender as follows: (a) the Debtor Company is the owner of or has other rights in or power to transfer the Collateral, free from any right or claim or any person or any adverse lien, security interest or other encumbrance, except for the security interest created by this Agreement and other liens permitted by the Loan Credit Agreement, (b) none of the Collateral constitutes, or is the proceeds of, "farm products" as defined in Section 9§ 9.1-102(a)(34l02(a)(34) of the Uniform Commercial Code of the State, (c)the Debtor holds no commercial tort claimc) none of the account debtors or other persons obligated on any of the Collateral is a governmental authority subject to the federal Assignment of Claims Act or like federal, state or local statute or rule in respect of such Collateral, (d) the Debtor Company holds no commercial tort claim except as indicated on the Perfection Certificate, (e) the Company has at all times operated its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (et) all other information set forth herein or in on the Loan Agreement Perfection Certificate pertaining to the Collateral is accurate and complete, and (g) that there has been no change in any information provided herein or in the Loan Agreement since the date on which it was executed by the Debtor.

Appears in 1 contract

Samples: Revolving Note and Credit Agreement Modification Agreement (International Baler Corp)

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