Common use of Return of Collateral at End of Commitment Clause in Contracts

Return of Collateral at End of Commitment. If (i) the Lenders' Commitments to lend shall have expired or been terminated, and (ii) all Advances, interest or other amounts evidenced by the Senior Credit Notes or owing to any of the Lenders or the Agent under this Agreement, the Senior Credit Notes and the other Facilities Papers shall be fully paid and satisfied, then the Agent shall release the Collateral to the Company or its designee promptly upon written request made by the Company and at its cost, and the Company shall promptly receipt -- or shall cause its designee to promptly receipt -- for such released Collateral in writing to the Agent. Acceptance by the Company of any Collateral delivered to it pursuant to any provision of this Agreement (whether or not the recipient issues a receipt for it) or shipping by the Agent of Collateral in substantial compliance with shipping instructions given by the Company or its designee shall be a complete and full acquittance for the Collateral so delivered or shipped, and the Agent shall thereby be released and discharged from any and all liability or responsibility for it arising then or thereafter.

Appears in 2 contracts

Samples: Credit Agreement (Long Beach Financial Corp), Credit Agreement (Long Beach Financial Corp)

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Return of Collateral at End of Commitment. If (i) the Lenders' Commitments to lend ----------------------------------------- Commitment shall have expired or been terminated, and (ii) all no Advances, interest interest, Standby Letters of Credit or other amounts evidenced by the Senior Credit Notes or owing to any of due under this Agreement shall be outstanding and/or unpaid, the Lenders or Banks shall cause the Agent under this Agreementto deliver or release or reassign, the Senior Credit Notes and the other Facilities Papers shall be fully paid and satisfied, then the Agent shall release the as applicable all Collateral in its possession to the Company or its designee promptly upon (or, as applicable, a Portfolio Entity) and deliver terminations and releases of all liens, security interests, financing statements and encumbrances relating to the Collateral. The written request made by acknowledgment of receipt of the Company and at its cost, and for any Collateral released or delivered to the Company shall promptly receipt -- or shall cause its designee to promptly receipt -- for such released Collateral in writing to the Agent. Acceptance by the Company of any Collateral delivered to it pursuant to any provision of this Agreement (whether or not the recipient issues a receipt for it) or shipping by the Agent of Collateral in substantial compliance with shipping instructions given by the Company or its designee shall be a complete and full acquittance for the Collateral so delivered or shippedreturned, and the Agent Banks shall thereby thereafter be released and discharged from any and all liability or responsibility for it arising then or thereaftertherefor. In addition, the Agent shall deliver such re-endorsements and payment instruction letters as may be necessary to effectuate the foregoing provisions.

Appears in 1 contract

Samples: Credit Agreement (Prism Financial Corp)

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Return of Collateral at End of Commitment. If (i) the Lenders' Commitments to lend shall have expired or been terminated, and (ii) all Advances, interest or other amounts evidenced by the Senior Credit Notes or owing to any of the Lenders or the Agent under this Agreement, the Senior Credit Notes and the other Facilities Papers shall be fully paid and satisfied, then the Agent shall release the Collateral to the Company Companies or its their designee promptly upon written request made by the Company Companies and at its their cost, whereupon such released Collateral shall no longer be Pledged to the Agent and the relevant Company shall promptly receipt -- or shall cause its designee to promptly receipt -- for such released Collateral in writing to the Agent. Acceptance by the any Company of any Collateral delivered to it pursuant to any provision of this Agreement (whether or not the recipient issues a receipt for it) or shipping by the Agent of Collateral in substantial compliance with shipping instructions given by the Company Companies or its their designee shall be a complete and full acquittance for the Collateral so delivered or shipped, and the Agent shall thereby be released and discharged from any and all liability or responsibility for it arising then or thereafter.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (American Business Financial Services Inc /De/)

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