Common use of Third Party Possession Clause in Contracts

Third Party Possession. Borrowers represent and warrant to Lender that they do not have any goods, documents of title or other collateral in the custody, control or possession of a third party as of the date hereof, except for goods located in the United States in transit to a location of a Borrower permitted herein in the ordinary course of business of such Borrower in the possession of the carrier transporting such goods. In the event that any goods, documents of title or other collateral are at any time after the date hereof in the custody, control or possession of any other person or such carriers, Borrowers shall promptly notify Lender thereof in writing; provided that, as to such carriers, Borrowers need only notify Lender on an aggregate basis. Promptly upon Lender's request, Borrowers shall deliver a Collateral Access Agreement in form and substance satisfactory to Lender, duly authorized, executed and delivered by any such person and Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Nutritional Sourcing Corp), Loan and Security Agreement (Nutritional Sourcing Corp)

AutoNDA by SimpleDocs

Third Party Possession. Borrowers represent and warrant to Lender that they do not have no Borrower has any goods, documents of title or other collateral in the custody, control or possession of a third party as of the date hereof, except for goods located in the United States England in transit to a location of a Borrower permitted herein in the ordinary course of business of such Borrower in the possession of the carrier transporting such goods. In the event that any goods, documents of title or other collateral are at any time after the date hereof in the custody, control or possession of any other person or such carriers, Borrowers shall promptly notify Lender thereof in writing; provided that, as to such carriers, Borrowers need only notify Lender on an aggregate basis. Promptly upon Lender's ’s request, Borrowers shall deliver a Collateral Access Agreement in form and substance satisfactory to Lender, duly authorized, executed and delivered by any such person and the applicable Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Inyx Inc)

AutoNDA by SimpleDocs

Third Party Possession. Borrowers represent Borrower represents and warrant warrants to Lender that they do it does not have any goods, documents of title or other collateral in the custody, control or possession of a third party as of the date hereof, except for goods located in the United States in transit to a location of a Borrower permitted herein in the ordinary course of business of such Borrower in the possession of the carrier transporting such goods. In the event that any goods, documents of title or other collateral are at any time after the date hereof in the custody, control or possession of any other person or such carriers, Borrowers Borrower shall promptly notify Lender thereof in writing; provided that, as to such carriers, Borrowers Borrower need only notify Lender on an aggregate basis. Promptly upon Lender's ’s request, Borrowers Borrower shall deliver a Collateral Access Agreement in form and substance satisfactory to Lender, duly authorized, executed and delivered by any such person and Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Inyx Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.