Third Parties in Possession of Collateral. Except as otherwise permitted by Section 4.2 and subject to Section 10.10 of the Credit Agreement, Debtor shall not permit any third Person (including any warehouseman, bailee, agent, consignee or processor) to hold any Collateral, unless it shall: (a) notify such third Person of the security interests created hereby; (b) instruct such Person to hold all such Collateral for Agent's account subject to Agent's instructions; and (c) subject to Section 4.2, take all other actions the Agent reasonably deems necessary to perfect and protect its and the Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the warehouseman, bailee, consignee, agent, processor or other third Person is located (including the filing of a financing statement in the proper jurisdiction naming the applicable third Person as debtor and it as secured party and notifying the third Person's secured lenders of its interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 2 contracts
Samples: Credit Agreement (Tufco Technologies Inc), Credit Agreement (Tufco Technologies Inc)
Third Parties in Possession of Collateral. Except as otherwise permitted by Section 4.2 Other than in connection with repairs or maintenance to such Collateral, and subject to the terms of Section 10.10 8.10 of the Credit Agreement, Debtor it shall not permit any third Person (including any warehouseman, bailee, agent, consignee or processor) to hold any Collateral, unless it shall:
(ai) notify such third Person of the security interests created hereby; (bii) instruct such Person to hold all such Collateral for AgentSecured Party's account subject to AgentSecured Party's instructions; and (ciii) subject to Section 4.2, take all other actions the Agent Secured Party reasonably deems necessary to perfect and protect its and the such Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the warehouseman, bailee, consignee, agent, processor or other third Person is located (including the filing of a financing statement in the proper jurisdiction naming the applicable third Person as debtor and it the applicable Debtor as secured party and notifying the third Person's secured lenders of its Debtor's interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 2 contracts
Samples: Security Agreement (Marketing Specialists Corp), Credit Agreement (Marketing Specialists Corp)
Third Parties in Possession of Collateral. Except as otherwise permitted by Section 4.2 and subject to Section 10.10 of the Credit Agreement, Debtor shall not ----------------------------------------- permit any third Person (including any warehouseman, bailee, agent, consignee consignee, or processor) to hold any Collateral, unless it Debtor shall:
: (ai) notify such third Person of the security interests created hereby; (bii) instruct such Person to hold all such Collateral for AgentSecured Party's account subject to AgentSecured Party's instructions; and (ciii) subject to Section 4.2, take all other actions the Agent Secured Party reasonably deems necessary to perfect and protect its and the Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the such warehouseman, bailee, consignee, agent, processor processor, or other third Person is located (including the filing of a financing statement statements in the proper jurisdiction jurisdictions naming the applicable third Person as debtor and it Debtor as secured party and notifying the third Person's secured lenders of its Debtor's interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 2 contracts
Samples: Pledge and Security Agreement (Renaissance Worldwide Inc), Pledge and Security Agreement (Renaissance Worldwide Inc)
Third Parties in Possession of Collateral. Except as otherwise in connection with sales of Accounts permitted by Section 4.2 and subject to Section 10.10 SECTION 11.8 of the Credit Agreement, Debtor shall not permit any third Person (including any warehouseman, bailee, agent, consignee consignee, or processor) to hold any Collateral, unless it Debtor shall:
(a) notify such third Person of the security interests created hereby; (b) instruct such Person to hold all such Collateral for AgentSecured Party's account subject to AgentSecured Party's instructions; and (c) subject to Section 4.2, take all other actions the Agent Secured Party reasonably deems necessary to perfect and protect its and the Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the such warehouseman, bailee, consignee, agent, processor processor, or other third Person is located (including the filing of a financing statement statements in the proper jurisdiction jurisdictions naming the applicable third Person as debtor and it Debtor as secured party and notifying the third Person's secured lenders of its Debtor's interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 2 contracts
Samples: Pledge and Security Agreement (First Investors Financial Services Group Inc), Pledge and Security Agreement (First Investors Financial Services Group Inc)
Third Parties in Possession of Collateral. Except as otherwise permitted by Section 4.2 and subject to Section 10.10 of the Credit Agreement4.2(b)(v)(D), Debtor shall not permit any third Person (including any warehouseman, bailee, agent, consignee or processor) to hold any Collateral, unless it shall:
(a) notify such third Person of the security interests created hereby; (b) instruct such Person to hold all such Collateral for Administrative Agent's account subject to the Administrative Agent's instructions; and (c) subject to Section 4.2, take all other actions as the Administrative Agent reasonably deems necessary requests in writing to perfect and protect its and the Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the warehouseman, bailee, consignee, agent, processor or other third Person is located (including the filing of a financing statement in the proper jurisdiction naming the applicable third Person as debtor and it the Administrative Agent as secured party and notifying the third Person's secured lenders of its the Administrative Agent's interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 1 contract
Samples: Credit Agreement (Spectralink Corp)
Third Parties in Possession of Collateral. Except as otherwise permitted by Section 4.2 and subject to Section 10.10 of the Credit Agreement4.2, each Debtor shall not permit any third Person (including any warehouseman, bailee, agent, consignee to have or processor) to hold obtain possession of or control over any Collateral, unless it such Debtor shall:
: (a) notify such third Person of the security interests created hereby; (b) instruct such Person to hold all such Collateral for Agent's ’s account subject to Agent's instructions’s instructions (which instructions may only be provided by Agent during the existence of a Default and otherwise in accordance with this Agreement and the other Loan Documents); and (c) subject to Section 4.2, take all other actions the Agent reasonably deems necessary to perfect and protect its and the such Debtor's ’s interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the warehouseman, bailee, consignee, agent, processor or other third Person is located (including the filing of a financing statement in the proper jurisdiction naming the applicable third Person as debtor and it as secured party and notifying the third Person's ’s secured lenders of its interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 1 contract
Third Parties in Possession of Collateral. Except as otherwise in connection with sales of Accounts permitted by Section 4.2 and subject to Section 10.10 SECTION 11.8 of the Credit Agreement, Debtor shall not permit any third Person Person, except for the engagement of third party contractors in connection with the administration and disposition of receivables, (including any warehouseman, bailee, agent, consignee consignee, or processor) to hold any Collateral, unless it Debtor shall:
: (ai) notify such third Person of the security interests created hereby; (bii) instruct such Person to hold all such Collateral for AgentSecured Party's account subject to AgentSecured Party's instructions; and (ciii) subject to Section 4.2, take all other actions the Agent Secured Party reasonably deems necessary to perfect and protect its and the Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the such warehouseman, bailee, consignee, agent, processor processor, or other third Person is located (including the filing of a financing statement statements in the proper jurisdiction jurisdictions naming the applicable third Person as debtor and it Debtor as secured party and notifying the third Person's secured lenders of its Debtor's interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 1 contract
Samples: Pledge and Security Agreement (First Investors Financial Services Group Inc)
Third Parties in Possession of Collateral. Except as otherwise permitted by Section 4.2 and subject to Section 10.10 of the Credit Agreement, Debtor shall not permit any third Person (including any warehouseman, bailee, agent, consignee or processor) to hold any Collateral, unless it Debtor shall:
: (ai) notify such third Person of the security interests created hereby; (bii) instruct such Person to hold all such Collateral for AgentSecured Party's account subject to AgentSecured Party's instructions; and (ciii) subject to Section 4.2, take all other actions the Agent Secured Party reasonably deems necessary to perfect and protect its and the Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the warehouseman, bailee, consignee, agent, processor or other third Person is located (including the filing of a financing statement in the proper jurisdiction naming the applicable third Person as debtor and it the Debtor as secured party and notifying the third Person's secured lenders of its the Debtor's interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 1 contract
Third Parties in Possession of Collateral. Except as otherwise in connection with sales of Accounts permitted by Section 4.2 and subject to Section 10.10 SECTION 11.8 of the Credit Agreement, Debtor shall not permit any third Person Person, except for the engagement of third party contractors in connection with the administration and disposition of receivables, (including any warehouseman, bailee, agent, consignee consignee, or processor) to hold any Collateral, unless it Debtor shall:
(a) notify such third Person of the security interests created hereby; (b) instruct such Person to hold all such Collateral for AgentSecured Party's account subject to AgentSecured Party's instructions; and (c) subject to Section 4.2, take all other actions the Agent Secured Party reasonably deems necessary to perfect and protect its and the Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the such warehouseman, bailee, consignee, agent, processor processor, or other third Person is located (including the filing of a financing statement statements in the proper jurisdiction jurisdictions naming the applicable third Person as debtor and it Debtor as secured party and notifying the third Person's secured lenders of its Debtor's interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 1 contract
Samples: Pledge and Security Agreement (First Investors Financial Services Group Inc)
Third Parties in Possession of Collateral. Except as otherwise permitted by Section 4.2 and subject to Section 10.10 of the Credit Agreement, Debtor shall not permit any third Person (including any warehouseman, bailee, agent, consignee consignee, or processor) to hold any Collateral, unless it Debtor shall:
: (ai) notify such third Person of the security interests created hereby; (bii) instruct such Person to hold all such Collateral for AgentSecured Party's account subject to AgentSecured Party's instructions; and (ciii) subject to Section 4.2, take all other actions the Agent Secured Party reasonably deems necessary to perfect and protect its and the Debtor's interests in such Collateral pursuant to the requirements of the UCC of the applicable jurisdiction where the such warehouseman, bailee, consignee, agent, processor processor, or other third Person is located (including the filing of a financing statement statements in the proper jurisdiction jurisdictions naming the applicable third Person as debtor and it Debtor as secured party and notifying the third Person's secured lenders of its Debtor's interest in such Collateral before the third Person receives possession of the Collateral in question).
Appears in 1 contract