Common use of Seller Undertakings Clause in Contracts

Seller Undertakings. (a) Each Grantor shall keep Agent informed of all circumstances bearing upon any potential claim under or with respect to the Assigned Agreements and the Seller Undertakings and such Grantor shall not, without the prior written consent of Agent, (i) waive any of its rights or remedies under any Assigned Agreement with respect to any of the Seller Undertakings in excess of $25,000, (ii) settle, compromise or offset any amount payable by the sellers to such Grantor under any Assigned Agreement in excess of $25,000 or (iii) amend or otherwise modify any Assigned Agreement in any manner which is adverse to the interests of Agent or any Lender.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Beacon Enterprise Solutions Group Inc), Guarantee and Collateral Agreement (Focus Venture Partners, Inc)

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Seller Undertakings. (a) Each Grantor shall keep the Administrative Agent informed of all circumstances bearing upon any potential claim under or with respect to the Assigned Agreements and the Seller Undertakings that could have a materially adverse effect on the Administrative Agent and the Lenders and such Grantor shall not, without the prior written consent of the Administrative Agent, (i) waive any of its rights or remedies under any Assigned Agreement with respect to any of the Seller Undertakings in excess of $25,000, (ii) settle, compromise or offset any amount payable by the sellers to such Grantor under any Assigned Agreement in excess of $25,000 or (iii) amend or otherwise modify any Assigned Agreement in any manner which is materially adverse to the interests of the Administrative Agent or any Lenderthe Lenders.

Appears in 2 contracts

Samples: Guaranty and Collateral Agreement (Russ Berrie & Co Inc), Guaranty and Collateral Agreement (Russ Berrie & Co Inc)

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Seller Undertakings. (a) Each Grantor shall keep Agent informed of all circumstances bearing upon any potential material claim under or with respect to the Assigned Agreements and the Seller Undertakings and such Grantor shall not, without the prior written consent of Agent, (i) waive any of its rights or remedies under any Assigned Agreement with respect to any of the Seller Undertakings in excess of $25,000150,000, (ii) settle, compromise or offset any amount payable by the sellers to such Grantor under any Assigned Agreement in excess of $25,000 100,000 or (iii) amend or otherwise modify any Assigned Agreement in any manner which is materially adverse to the interests of Agent or any Lender.

Appears in 1 contract

Samples: Collateral Agreement (Unifund Financial Technologies, Inc.)

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