Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 5 contracts
Samples: Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Renewable Energy, Inc.)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 5 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Katy Industries Inc), Revolving Credit and Security Agreement (Valuevision Media Inc), Revolving Credit and Term Loan Agreement (Hybrook Resources Corp.)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower Borrower, or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Research Pharmaceutical Services, Inc.), Revolving Credit and Security Agreement (Research Pharmaceutical Services, Inc.), Revolving Credit and Security Agreement (Research Pharmaceutical Services, Inc.)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower Borrower, any Guarantor or any Original Owner owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Geokinetics Inc), Revolving Credit, Capex Loan and Security Agreement (Geokinetics Inc), Revolving Credit, Term Loan and Security Agreement (Geokinetics Inc)
Seizures. Any A portion of the Collateral with a value in excess of $1,000,000 shall be seized or taken by a Governmental Body, or any Borrower Borrower, Guarantor, or any of their respective Subsidiaries or the title and rights of any Borrower Borrower, Guarantor, or any Original Owner which is the owner of any material portion of the Collateral their respective Subsidiaries shall have become the subject matter of a claim, litigation, suit or other proceeding which might, Agent has determined in the opinion exercise of Agentits Permitted Discretion, upon final determination, is reasonably likely result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 3 contracts
Samples: Revolving Credit, Term Loan, Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or
Appears in 2 contracts
Samples: Revolving Credit Loan and Security Agreement (Intelligroup Inc), Revolving Credit and Security Agreement (Fairchild Corp)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower or Borrower, any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, could reasonably be expected to result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc), Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc)
Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower Loan Party, or (b) the title and rights of any Borrower Loan Party or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 2 contracts
Samples: Export Import Revolving Credit, Guaranty and Security Agreement (Dasan Zhone Solutions Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dasan Zhone Solutions Inc)
Seizures. Any A material portion of the Collateral shall be seized or taken by a Governmental Body, Body or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding litigation which mightwould, in the reasonable opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Akrion, Inc.), Revolving Credit and Security Agreement (Akrion, Inc.)
Seizures. Any Receivables or any portion of the other Collateral in an amount in excess of $300,000 shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower Borrower, any Guarantor or any Original Owner which is the owner of any material such portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which mightis reasonably likely, in the opinion Permitted Discretion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 2 contracts
Samples: Term Loan Credit and Security Agreement (EVINE Live Inc.), Revolving Credit and Security Agreement (Valuevision Media Inc)
Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor, or (b) of the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Drilling Tools International Corp), Revolving Credit, Security and Guaranty Agreement (ROC Energy Acquisition Corp.)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding litigation which mightcould reasonably be expected, in the opinion of AgentLender, upon final determination, to result in any material impairment or any material loss of the security provided by this Agreement or the Other Documents;
Appears in 2 contracts
Samples: Credit and Security Agreement (Omni Energy Services Corp), Credit and Security Agreement (Omni Energy Services Corp)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or Borrower or any Borrower Guarantor or the title and rights of Borrower, any Borrower Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Hudson Technologies Inc /Ny), Revolving Credit and Security Agreement (Berliner Communications Inc)
Seizures. Any Other than with respect to de minimis items of Collateral not exceeding $250,000 in the aggregate, any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which mightcould reasonably be expected to, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (UniTek Global Services, Inc.), Revolving Credit and Security Agreement (UniTek Global Services, Inc.)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower Party or the title and rights of any Borrower or any Original Owner Party which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which mightwhich, in the opinion of Agent, upon final determination, could reasonably be expected to result in impairment or loss of the security provided by this Agreement or the Other Documents;.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral Borrower, shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other DocumentsDocuments which could reasonably be expected to have a Material Adverse Effect;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Integrated Biopharma Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of in any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Emtec Inc/Nj)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or Borrowers or any Borrower Guarantor or the title and rights of Borrowers, any Borrower Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of AgentGSO, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Term Loan Credit and Security Agreement (Hudson Technologies Inc /Ny)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor (excluding the Ampersand Guarantors) or the title and rights of any Borrower Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Avatech Solutions Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower Borrower, or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Dreams Inc)
Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower Loan Party, or (b) the title and rights of any Borrower Loan Party, or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Administrative Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Asv Holdings, Inc.)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower or Borrower, any Original Owner which Guarantor, that is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower Borrower, or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the reasonable opinion of Agent, upon final determination, result in material impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Empeiria Acquisition Corp)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or Borrower or any Borrower Guarantor or the title and rights of Borrower, any Borrower Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Ante5, Inc.)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Kitty Hawk Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner shareholder which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Zanett Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower or Borrower, any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which mightcould, in the opinion of Agent, upon final determination, be reasonably likely to result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Gaiam, Inc)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other DocumentsDocuments unless Borrowers have provided an adequate bond in the matter;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Enservco Corp)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Administrative Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Skullcandy, Inc.)
Seizures. Any (a) portion of the Collateral having a value in excess of $1,000,000 shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor, or (b) the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of the Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Invacare Corp)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor, or the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral Collateral, shall have become the subject matter of claim, litigation, suit suit, or other proceeding which might, in the opinion of Agent's Permitted Discretion, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Compudyne Corp)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)
Seizures. (a) Any portion of the Collateral shall be seized seized, garnished or taken by a Governmental Body, or any Borrower or any Guarantor, or (b) the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the 222233776 opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Allegheny Technologies Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner Borrower, which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other DocumentsDocuments in an amount exceeding $250,000.00 in the aggregate;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Input Output Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower material or the title and rights of any Borrower Borrower, or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (P&f Industries Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of AgentAgent (as determined in its Permitted Discretion), upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Sparton Corp)
Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor, or (b) the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of AgentLender, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Quality Gold Holdings, Inc.)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or Borrower or any Borrower Guarantor or the title and rights of Borrower, any Borrower Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Apac Customer Service Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or Borrower or any Borrower Guarantor or the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Person who owns any Equity Interests of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (SMTC Corp)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or XXXX or the title and rights of any Borrower or XXXX in any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the reasonable opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Amrep Corp.)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Osteotech Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the reasonable opinion of Agent, upon final determination, result in material impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Term Loan and Security Agreement (Empeiria Acquisition Corp)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or Borrower or any Borrower Guarantor or the title and rights of Borrower, any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Goodman Networks Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower or any Original Owner Guarantor or Person which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Merisel Inc /De/)
Seizures. (a) Any portion of the Collateral shall be seized seized, garnished or taken by a Governmental Body, or any Borrower or any Guarantor, or (b) the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;. 268323208
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Ati Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of a claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (FCStone Group, Inc.)
Seizures. Any portion of the Collateral shall be seized or taken (other than pursuant to a legitimate exercise of powers of eminent domain) by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of in any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding initiated by a Governmental Body which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other other Loan Documents;.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Swenson Granite Co LLC)
Seizures. Any (a) portion of the Collateral having a value in excess of $250,000 shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor, or (b) the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of the Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Invacare Corp)
Seizures. Any (a) material portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor, or (b) the title and rights of any Borrower or any Original Owner Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Universal Logistics Holdings, Inc.)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower Borrower, or any of their respective Subsidiaries or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral foregoing shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Sypris Solutions Inc)
Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of AgentTerm B Lender, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Term Loan and Security Agreement (Air Industries Group, Inc.)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower Party or the title and rights of any Borrower or any Original Owner Party which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which mightwhich, in the opinion of Agent, upon final determination, could reasonably be expected to result in impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp)
Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or the title and rights of any Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in material impairment or loss of the security provided by this Agreement or the Other Documents;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Image Entertainment Inc)
