Special Collateral Covenants. The Company shall (and shall cause its Subsidiaries to): (a) do all things reasonably necessary to maintain, preserve, protect and keep all Collateral in good working order and saleable condition, ordinary wear and tear excepted, deal with the Collateral in all ways as are considered good practice by owners of like property and use the Collateral lawfully and, to the extent applicable, only as permitted by the insurance policies of the Company and its Subsidiaries; (b) maintain, or cause to be maintained, complete and accurate Records (as defined below) relating to the Collateral; (c) upon reasonable prior notice at reasonable times during normal business hours with reasonable prior notice, permit the Investors’ officers, employees, representatives and agents to inspect the Collateral and to discuss the Collateral and the Records relating thereto with the officers and employees of the Company and its Subsidiaries, and, in the case of any Rights to Payment (as defined below), with any Person which is or may be obligated thereon; (d) at the request of the Majority Investors, firmly affix a decal, stencil or other marking to designated items of Equipment (as defined below), indicating thereon the security interest of the Investors; and (e) obtain and maintain such acknowledgments, consents, waivers and agreements from the owner, lienholder, mortgagee and landlord with respect to any real property on which Collateral is located as the Majority Investors may reasonably require, all in form and substance satisfactory to the Majority Investors.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Interwest Partners Viii Lp), Securities Purchase Agreement (Anesiva, Inc.), Securities Purchase Agreement (Anesiva, Inc.)
Special Collateral Covenants. The Company shall (and shall cause its Subsidiaries to):
(a) do all things reasonably necessary to maintain, preserve, protect and keep all Collateral in good working order and saleable condition, ordinary wear and tear excepted, deal with the Collateral in all ways as are considered good practice by owners of like property and use the Collateral lawfully and, to the extent applicable, only as permitted by the insurance policies of the Company and its Subsidiaries;
(b) maintain, or cause to be maintained, complete and accurate Records (as defined below) relating to the Collateral;
(c) upon reasonable prior notice at reasonable times during normal business hours with reasonable prior notice, permit the Investors’ Investor’s officers, employees, representatives and agents to inspect the Collateral and to discuss the Collateral and the Records relating thereto with the officers and employees of the Company and its Subsidiaries, and, in the case of any Rights to Payment (as defined below), with any Person which is or may be obligated thereon;
(d) at the request of the Majority InvestorsInvestor, firmly affix a decal, stencil or other marking to designated items of Equipment (as defined below), indicating thereon the security interest of the InvestorsInvestor; and
(e) obtain and maintain such acknowledgments, consents, waivers and agreements from the owner, lienholder, mortgagee and landlord with respect to any real property on which Collateral is located as the Majority Investors Investor may reasonably require, all in form and substance satisfactory to the Majority InvestorsInvestor.
Appears in 1 contract