Common use of Special Provisions Regarding Inventory Clause in Contracts

Special Provisions Regarding Inventory. (a) Notwithstanding anything to the contrary contained in this Security Agreement, each Obligor may, unless and until an Event of Default occurs and is continuing and the Agent instructs such Obligor otherwise, without further consent or approval of the Agent, use, consume, sell, lease and exchange the Inventory in the ordinary course of its business as presently conducted (and as will be conducted after giving effect to the G&L Acquisition), whereupon, in the case of such a sale or exchange, the security interest created hereby in the Inventory so sold or exchanged (but not in any proceeds arising from such sale or exchange) shall cease immediately without any further action on the part of the Agent. (b) Upon the Lenders' making any Loan pursuant to the Credit Agreement or the Issuing Bank issuing any Letter of Credit pursuant to the Credit Agreement, each Obligor shall be deemed to have warranted that all warranties of such Obligor set forth in this Security Agreement with respect to its Inventory are true and correct in all material respects with respect to such Inventory, including without limitation that such Inventory is located at a location permitted by Section 3(b) or 4(d) hereof.

Appears in 2 contracts

Samples: Security Agreement (Galey & Lord Inc), Security Agreement (Galey & Lord Inc)

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Special Provisions Regarding Inventory. (a) Notwithstanding anything to the contrary contained in this Security Agreement, each Obligor may, unless and until an Event of Default occurs and is continuing and the Agent instructs such Obligor otherwise, without further consent or approval of the Agent, use, consume, sell, rent, lease and exchange the its Inventory in the ordinary course of its business as presently conducted (and as will be conducted after giving effect to the G&L Acquisition)conducted, whereupon, in the case of such a sale or exchange, the security interest created hereby in the Inventory so sold or exchanged (but not in any proceeds Proceeds arising from such sale or exchange) shall cease immediately without any further action on the part of the Agent. The Agent acknowledges that its security interest in the Proceeds of such Inventory (other than rental or lease proceeds) is subject to prior Permitted Liens to the extent of the Indebtedness secured thereby. (b) Upon the Lenders' making any Loan pursuant to the Credit Agreement or the Issuing Bank issuing any Letter of Credit pursuant to the Credit Agreement, each Obligor shall be deemed to have warranted that all warranties of such Obligor set forth in this Security Agreement with respect to its Inventory are true and correct in all material respects with respect to such Inventory, including without limitation that such Inventory is located at a location permitted by Section 3(bset forth on Schedule 4(b) or 4(d) hereofhereto.

Appears in 2 contracts

Samples: Security Agreement (Nationsrent Companies Inc), Credit Agreement (Nationsrent Companies Inc)

Special Provisions Regarding Inventory. (a) Notwithstanding anything to the contrary contained in this Security Agreement, each Obligor may, unless and until an Event of Default occurs and is continuing and the Collateral Agent instructs such Obligor otherwise, without further consent or approval of the Collateral Agent, use, consume, sell, rent, lease and exchange the Inventory in the ordinary course of its business as presently conducted (and or otherwise as will be conducted after giving effect to permitted by Section 12.07 of the G&L Acquisition)Indenture, whereupon, in the case of such a sale or exchange, the security interest created hereby in the Inventory so sold or exchanged (but not in any proceeds arising from such sale or exchange) shall cease immediately without any further action on the part of the Collateral Agent. (b) Upon the Lenders' making any Loan pursuant to issuance of Notes under the Credit Agreement or the Issuing Bank issuing any Letter of Credit pursuant to the Credit AgreementIndenture, each Obligor shall be deemed to have warranted that all warranties of such Obligor set forth in this Security Agreement with respect to its Inventory are true and correct in all material respects with respect to such Inventory, including without limitation that such Inventory is located at a location permitted by Section 3(bset forth on Schedule 4(b) or 4(d) hereofhereto (as such Schedule may be updated from time to time to reflect new locations).

Appears in 1 contract

Samples: Security Agreement (Unifi Inc)

Special Provisions Regarding Inventory. (a) Notwithstanding anything to the contrary contained in this Security Agreement, each Obligor may, unless and until an Event of Default occurs and is continuing and the Agent instructs such Obligor otherwise, without further consent or approval of the Agent, use, consume, sell, lease and exchange the Inventory its Collateral in the ordinary course of its business as presently conducted (and as will be conducted after giving effect to the G&L Acquisition)conducted, whereupon, in the case of such a sale or exchange, the security interest created hereby in the Inventory so sold or exchanged (but not in any proceeds Proceeds arising from such sale or exchange) shall cease immediately without any further action on the part of the Agent. (b) Upon the Lenders' making any Loan pursuant to the Credit Agreement or the Issuing Bank issuing any Letter of Credit pursuant to the Credit Agreement, each Obligor shall be deemed to have warranted that all warranties of such Obligor set forth in this Security Agreement with respect to its Inventory are true and correct in all material respects with respect to such Inventory, including without limitation that such Inventory is located at a location permitted by Section 3(bset forth on Schedule 4(b) or 4(d) hereofhereto (as updated from time to time).

Appears in 1 contract

Samples: Credit Agreement (Wolverine Tube Inc)

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Special Provisions Regarding Inventory. (a) Notwithstanding anything to the contrary contained in this Security Agreement, each Obligor may, unless and until an Event of Default occurs and is continuing and the Agent instructs such Obligor otherwise, without further consent or approval of the Agent, use, consume, sell, rent, lease and exchange the Inventory in the ordinary course of its business as presently conducted (and as will be conducted after giving effect to the G&L Acquisition)conducted, whereupon, in the case of such a sale or exchange, the security interest created hereby in the Inventory so sold or exchanged (but not in any proceeds arising from such sale or exchange) shall cease immediately without any further action on the part of the Agent. (b) Upon the Lenders' ’ making any Loan pursuant to the Credit Agreement or the Issuing Bank Letter of Credit Issuer issuing any Letter of Credit pursuant to the Credit Agreement, each Obligor shall be deemed to have warranted that all warranties of such Obligor set forth in this Security Agreement with respect to its Inventory are true and correct in all material respects with respect to such Inventory, including without limitation that such Inventory is located at a location permitted by Section 3(bset forth on Schedule 4(b) or 4(d) hereofhereto (as such Schedule may be updated from time to time to reflect new locations).

Appears in 1 contract

Samples: Security Agreement (Unifi Inc)

Special Provisions Regarding Inventory. (a) Notwithstanding anything to the contrary contained in this Security Agreement, each Obligor may, unless and until an Event of Default occurs and is continuing and the Agent instructs such Obligor otherwise, without further consent or approval of the Agent, use, consume, sell, lease and exchange the Inventory in the ordinary course of its business as presently conducted (and as will be conducted after giving effect to the G&L Acquisition)conducted, whereupon, in the case of such a sale or exchange, the security interest created hereby in the Inventory so sold or exchanged (but not in any proceeds arising from such sale or exchange) shall cease immediately without any further action on the part of the Agent. (b) Upon the Lenders' making any Revolving Loan pursuant to the Credit Agreement or the Issuing Bank issuing any Letter of Credit pursuant to the Credit Agreement, each Obligor shall be deemed to have warranted that all warranties of such Obligor set forth in this Security Agreement with respect to its Inventory are true and correct in all material respects with respect to such Inventory, including without limitation that such Inventory is located at a location permitted by Section 3(b) or 4(d) hereof.

Appears in 1 contract

Samples: Security Agreement (Fresh Foods Inc)

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