Common use of Representations and Warranties Concerning Inventory Clause in Contracts

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 9 contracts

Samples: Business Loan Agreement (AmpliTech Group, Inc.), Business Loan Agreement (TX Holdings, Inc.), Business Loan Agreement (Aetrium Inc)

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Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 8 contracts

Samples: Loan Agreement (Hemacare Corp /Ca/), Loan Agreement (PDS Financial Corp), Change in Terms Agreement (Fotoball Usa Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 6 contracts

Samples: Business Loan Agreement (Dougherty's Pharmacy, Inc.), Business Loan Agreement (Dougherty's Pharmacy, Inc.), Business Loan Agreement (Elecsys Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender Xxxxxx in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 2 contracts

Samples: Business Loan Agreement (Ocean Bio Chem Inc), Business Loan Agreement (Sten Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender Xxxxxx in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Aspyra Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from material defects; (6) Except as set forth on schedule { } attached hereto, Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior written consent, and, in such eventparty, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense in accordance with the terms of this Agreement to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (FGI Industries Ltd.)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, assigns or agents shall have the right at any reasonable time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition; provided, however, such actions shall occur no more frequently than once per month.

Appears in 1 contract

Samples: Loan Agreement (Eco Soil Systems Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be an Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; , (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The the value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior 's written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Expresspoint Technology Systems Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Elixxxxx Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and end shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, Lender in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its Its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine examine, the Inventory and to check and test 1~1 the same as M to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Fotoball Usa Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventoryinventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Marketing Worldwide Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or of return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, assigns or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Bankboston Business Loan Agreement (Embedded Support Tools Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, . subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writingwriting , all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Torotel Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules schedule delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender Xxxxxx in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on or consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment bailmant cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s Xxxxxxxx's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Craftmade International Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession (or located at warehouses for which Lender has obtained warehouse agreements in form and substance satisfactory to Lender) and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Signature Group Holdings, Inc.)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, value and condition.

Appears in 1 contract

Samples: Business Loan Agreement (CyDex Pharmaceuticals, Inc.)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; Inventory (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in In writing, all Eligible Inventory is Is now and at all times hereafter will be in In Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in In the Inventory inventory schedules delivered to Lender, all Eligible Inventory is inventory Is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in In such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue Issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in In Lender name evidencing the storage of Inventory; Inventory and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantityquantify, value, and condition.

Appears in 1 contract

Samples: Assignment and Security Agreement (Obsidian Enterprises Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be o___ ____________________________________________ of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, value and condition.

Appears in 1 contract

Samples: Loan Agreement (Pacific Aerospace & Electronics Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender Xxxxxx in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in In Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Sielox Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The the value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lenderlender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, warehouseman or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Elecsys Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time (but not more than once annually, except to the extent there is an event of default, in which case Lender shall not be limited to one annual inspection and examination of the inventory) and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Better Choice Co Inc.)

Representations and Warranties Concerning Inventory. With respect to the Inventoryinventory, Borrower represents and warrants to Lender: , (1) All Inventory inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; , (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory (is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Microhelix Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; : (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, warehouseman or similar party without Lender’s 's prior written consent, andand , in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of InventoryInventory ; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, value and condition. ADDITIONAL CREDIT FACILITIES. In addition to the Line of Credit facility, the following credit accomodations are either in place or will be made available to Borrower: Letter of Credit Facility. Subject to the terms of this Agreement, Lender will issue commercial letters of credit (each a "Letter of Credit") on behalf of Borrower to support Borrower's purchases of Inventory or for other business purposes agreed to by Lender. At no time, however, shall the total face amount of all Letters of Credit outstanding, less any partial draws paid under the Letters of Credit exceed the sum of $300,000. In addition, at no time, shall the total face amount of all Letters of Credit outstanding, less any partial draws paid under the Letters of Credit, plus the total principal balance of all Acceptances outstanding exceed the sum of $300,000.

Appears in 1 contract

Samples: Business Loan Agreement (Real Goods Trading Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender Xxxxxx in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s Xxxxxxxx's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (R B Rubber Products Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Web Press Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment., sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, quality free from defects; (6) Eligible Inventory inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, ,. its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Husker Ag Processing LLC)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: Lender (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventoryinventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Surge Components Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; : (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Reconditioned Systems Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition. Remittance Account. Borrower agrees that Lender may at any time require Borrower to institute procedures whereby the payments and other proceeds of the Accounts shall be paid by the Account Debtors under a remittance account or lock box arrangement with Lender, or Lender's agent, or with one or more financial institutions designated by Lender. Borrower further agrees that, if no Event of Default exists under this Agreement, any and all of such funds received under such a remittance account or lock box arrangement shall, at Lender's sole election and discretion, either be (1) paid or turned over to Borrower; (2) deposited into one or more accounts for the benefit of Borrower (which deposit accounts shall be subject to a security assignment in favor of Lender); (3) deposited into one or more accounts for the joint benefit of Borrower and Lender (which deposit accounts shall likewise be subject to a security assignment in favor of Lender); (4) paid or turned over to Lender to be applied to the Indebtedness in such order and priority as Lender may determine within its sole discretion; or (5) any combination of the foregoing as Lender shall determine from time to time. Borrower further agrees that, should one or more Events of Default exist, any and all funds received under such a remittance account or lock box arrangement shall be paid or turned over to Lender to be applied to the Indebtedness, again in such order and priority as Lender may determine within its sole discretion. Lender agrees not to exercise this right until thirty (30) days after Lender's notification to Borrower.

Appears in 1 contract

Samples: Commercial Security Agreement (Dynatronics Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (111) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) 21 All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) 141 Except as agreed to the contrary by Lender Xxxxxx in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (515) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s Xxxxxx's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Titan Energy Worldwide, Inc.)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: ; (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except for bulk paper label stock at printers and as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defectsdetects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Concepts Direct Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (414) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Elecsys Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; , (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehousemanwarehousemen, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Elecsys Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of off good and merchantable quality, free from defects; (6) Eligible Inventory is not now BUSINESS LOAN AGREEMENT (ASSET BASED) (Continued) and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (American Electric Technologies Inc)

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Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition. CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this Agreement shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Agreement and in the Related Documents.

Appears in 1 contract

Samples: Business Loan Agreement (Tandy Leather Factory Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and or deliver to Lender, in form acceptable applicable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and or examine the Inventory and to check and test the same as to quality, quantity, value, and condition. ADDITONAL CREDIT FACILITIES. In addition to the Line of Credit facility, the following credit accommodations are either in place or will be made available to Borrower: OTHER FACILITY. Subject to the terms and conditions of the Agreement, the following described credit facility is either in place or will be made available to Borrower: Letter of Credit.

Appears in 1 contract

Samples: Loan Agreement (Transcrypt International Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventoryinventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held field by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Marketing Worldwide Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender that, unless Borrower otherwise notifies Lender pursuant to a writing in form and substance acceptable to Lender in its reasonable determination and prior to Lender's crediting such Inventory as part of the Borrowing Base, that: (1i) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2ii) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3iii) The value of the Inventory will be determined based on the values thereof reflected on the Borrower’s most recent quarterly balance sheet, prepared and valued on a consistent accounting basis; (4iv) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5v) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6vi) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Eligible Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (NANOPHASE TECHNOLOGIES Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and an deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Shoe Pavilion Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on or approval, or sale or return; (5e) Except as reflected in the Inventory inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender’s name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Synergetics Usa Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: Lender (1) All all Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible InventoryInventory set forth in this Agreement; (2) All all Inventory values listed on schedules delivered to Lender will be true and correctcorrect as of the date delivered, subject to immaterial variance; (3) The the value of the Inventory will be determined on a consistent accounting basis; (4) Except except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from material defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lenders name evidencing the storage of Inventory; and (79) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense (upon written request with no more than reasonable frequency) to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (Phillips R H Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition. Remittance Account. Borrower agrees that Lender may at any time require Borrower to institute procedures whereby the payments and other proceeds of the Accounts shall be paid by the Account Debtors under a remittance account or lock box arrangement with Lender, or Lender's agent, or with one or more financial institutions designated by Lender. Borrower further agrees that, if no Event of Default exists under this Agreement, any and all of such funds received under such a remittance account or lock box arrangement shall, at Lender's sole election and discretion, either be (a) paid or turned over to Borrower; (b) deposited into one or more accounts for the benefit of Borrower (which deposit accounts shall be subject to a security assignment in favor of Lender); (c) deposited into one or more accounts for the joint benefit of Borrower and Lender (which deposit accounts shall likewise be subject to a security assignment in favor of Lender); (d) paid or turned over to Lender to be applied to the Indebtedness in such order and priority as Lender may determine within its sole discretion; or (e) any combination of the foregoing as Lender shall determine from time to time. Borrower further agrees that, should one or more Events of Default exist, any and all funds received under such a remittance account or lock box arrangement shall be paid or turned over to Lender to be applied to the Indebtedness, again in such order and priority as Lender may determine within its sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Vermont Pure Holdings LTD)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lenderlender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lenderlender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s lender's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lenderlender, in form acceptable to Lenderlender, warehouse receipts in Lender lender name evidencing the storage of Inventory; and (7) Lenderlender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition. CONDITIONS PRECEDENT TO EACH ADVANCE. Xxxxxx's obligation to make the initial Advance and each subsequent Advance under this Agreement shall be subject to the fulfillment to lender's satisfaction of all of the conditions set forth in this Agreement and in the Related Documents. .

Appears in 1 contract

Samples: Security Agreement (Elecsys Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventoryinventory, Borrower represents and warrants to Lender: Lender (1a) All Inventory inventory represented by Borrower to be Eligible Inventory inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventoryinventory; (2b) All Inventory inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventoryinventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (PDS Financial Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial Immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender Xxxxxx in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar similer party without Lender’s prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at BorrowerXxxxxxxx’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition. CONDITIONS PRECEDENT TO EACH ADVANCE. Lender’s obligation to make the initial Advance and each subsequent Advance under this Agreement shall be subject to the fulfillment to Lender’s satisfaction of all of the conditions set forth in this Agreement and in the Related Documents.

Appears in 1 contract

Samples: Business Loan Agreement (Ocean Bio Chem Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All all Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, Lexxxx xn writing all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, bailee warehouseman, or similar party without Lender’s Lexxxx'x prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.'s

Appears in 1 contract

Samples: Loan Agreement (Phillips R H Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition. REMITTANCE ACCOUNT. Borrower agrees that Lender may at any time require Borrower to institute procedures whereby the payments and other proceeds of the Accounts shall be paid by the Account Debtors under a remittance account or lock box arrangement with Lender, or Lender's agent, or with one or more financial institutions designated by Lender. Borrower further agrees that, if no Event of Default exists under this Agreement, any and all of such funds received under such a remittance account or lock box arrangement shall, at Lender's sole election and discretion, either be (1) paid or turned over to Borrower not to exceed 30% of net collected proceeds; (2) deposited into one or more accounts for the benefit of Borrower (which deposit accounts shall be subject to a security assignment in favor of Lender); (3) deposited into one or more accounts for the joint benefit of Borrower and Lender (which deposit accounts shall likewise be subject to a security assignment in favor of Lender); (4) paid or turned over to Lender to be applied to the Indebtedness in such order and priority as Lender may determine within its sole discretion; or (5) any combination of the foregoing as Lender shall determine from time to time. Borrower further agrees that, should one or more Events of Default exist, any and all funds received under such a remittance account or lock box arrangement shall be paid or turned over to Lender to be applied to the Indebtedness, again in such order and priority as Lender may determine within its sole discretion.

Appears in 1 contract

Samples: Business Loan Agreement (Syntax-Brillian Corp)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition. ADDITIONAL CREDIT FACILITIES. In addition to the Primary Credit Facility, the following credit accommodations are either in place or will be made available to Borrower: LETTER OF CREDIT FACILITY. Subject to the terms of this Agreement, Lender will issue standby letters of credit and commercial letters of credit (each a "Letter of Credit") on behalf of Borrower. At no time, however, shall the total face amount of all Letters of Credit outstanding, less any partial draws paid under the Letters of Credit exceed the sum of $250,000.00.

Appears in 1 contract

Samples: Security Agreement (Collegiate Pacific Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender Lxxxxx in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (FGI Industries Ltd.)

Representations and Warranties Concerning Inventory. With respect to the Inventoryinventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all ali times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Paneltech International Holdings, Inc.)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, . sale on approval, or sale or return; ([5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free tree from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (71:7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Business Loan Agreement (Dougherty's Pharmacy, Inc.)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory all inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory inventory values listed on schedules delivered deliver to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5d) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory inventory and to check and test the same as to quality, quantity, value, value and condition.

Appears in 1 contract

Samples: Loan Agreement (Eckler Industries Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3) The value of the Inventory will be determined on a consistent accounting basis; (4) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter will be in Borrower’s physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender name evidencing the storage of Inventory; and (7) Lender, its assigns, or agents shall have the right at any time and at Borrower’s expense to inspect and examine the Inventory and to check and test the same as to quality, quantity, value, and condition.. BUSINESS LOAN AGREEMENT (ASSET BASED)

Appears in 1 contract

Samples: Business Loan Agreement (Ocean Bio Chem Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory inventory is now and at all times hereafter timex xxxxafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventoryinventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and cxxxx xxx test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (United Oilfield Services Inc)

Representations and Warranties Concerning Inventory. With respect to the Inventory, Borrower represents and warrants to Lender: (1a) All Inventory represented by Borrower to be Eligible Inventory for purposes of this Agreement conforms to the requirements of the definition of Eligible Inventory; (2b) All Inventory values listed on schedules delivered to Lender will be true and correct, subject to immaterial variance; (3c) The value of the Inventory will be determined on a consistent accounting basis; (4d) Except as agreed to the contrary by Lender in writing, all Eligible Inventory is now and at all times hereafter timex xxxxafter will be in Borrower’s 's physical possession and shall not be held by others on consignment, sale on approval, or sale or return; (5e) Except as reflected in the Inventory schedules delivered to Lender, all Eligible Inventory is now and at all times hereafter will be of good and merchantable quality, free from defects; (6f) Eligible Inventory is not now and will not at any time hereafter be stored with a bailee, warehouseman, or similar party without Lender’s 's prior written consent, and, in such event, Borrower will concurrently at the time of bailment cause any such bailee, warehouseman, or similar party to issue and deliver to Lender, in form acceptable to Lender, warehouse receipts in Lender Lender's name evidencing the storage of Inventory; and (7g) Lender, its assigns, or agents shall have the right at any time and at Borrower’s 's expense to inspect and examine the Inventory and to check and cxxxx xxx test the same as to quality, quantity, value, and condition.

Appears in 1 contract

Samples: Loan Agreement (United Oilfield Services Inc)

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