Title to, Liens on, and Sale and Use of Collateral. Each Borrower represents and warrants to the Agent and the Lenders with respect to Collateral owned by such Borrower that: (a) all Collateral is and will continue to be owned by such Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest will not be subject to any prior Lien except for the Liens described in (b), (c), (e), (f), (h), (i) and j) of the definition of Permitted Liens; (c) such Borrower will use, store, and maintain such Collateral with all reasonable care and will use such Collateral for lawful purposes only; and (d) such Borrower will not, without the Agent's prior written approval, sell, lease, or dispose of or permit the sale or disposition of such Collateral or any portion thereof, except for sales of Inventory in the ordinary course of business and as permitted by SECTION 7.12 The inclusion of Proceeds in the Collateral shall not be deemed the Agent's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
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Title to, Liens on, and Sale and Use of Collateral. Each Borrower represents and warrants to the Agent and the Lenders and agrees with respect to Collateral owned by such Borrower the Agent and the Lenders that: (a) all of the Collateral with respect to such Borrower is and will continue to be owned by such Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest Agent's Liens in the Collateral with respect to such Borrower will not be subject to any prior Lien except for the Liens described in (b), (c), (e), (f), (h), (i) and j) of the definition of those Permitted Liens, if any, specifically identified on Schedule 7.2; (c) such Borrower will use, store, and maintain the Collateral with respect to such Collateral Borrower with all reasonable care and will use such Collateral for lawful purposes only; and (d) such Borrower will not, without the Agent's prior written approval, sell, lease, or dispose of or permit the sale or disposition of any of the Collateral with respect to such Collateral or any portion thereof, Borrower except for sales of Inventory in the ordinary course of business and sales of Equipment as permitted by SECTION 7.12 Sections 5.11(c) or 8.9. The inclusion of Proceeds proceeds in the Collateral shall not be deemed to constitute the Agent's or any Lender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
Appears in 1 contract
Samples: Loan and Security Agreement (Laclede Steel Co /De/)
Title to, Liens on, and Sale and Use of Collateral. Each Borrower represents and warrants to the Agent and the Lenders with respect to Collateral owned by such Borrower that: (a) all Collateral is and will continue to be owned by such Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest will not be subject to any prior Lien except for the Liens described in (b), (c), (e), (f), (h), (i) and (j) of the definition of Permitted Liens; (c) such Borrower will use, store, and maintain such Collateral with all reasonable care and will use such Collateral for lawful purposes only; and (d) such Borrower will not, without the Agent's prior written approval, sell, lease, or dispose of or permit the sale or disposition of such Collateral or any portion thereof, except for sales of Inventory in the ordinary course of business and as permitted by SECTION 7.12 Section 7.12. The inclusion of Proceeds in the Collateral shall not be deemed the Agent's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
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Samples: Loan and Security Agreement (Woodworkers Warehouse Inc)
Title to, Liens on, and Sale and Use of Collateral. Each The Borrower represents and warrants to the Agent and the Lenders with respect to Collateral owned by such the Borrower that: :
(a) except for sales or transfers of Inventory in the ordinary course of business, all Collateral is and will continue to be owned by such the Borrower free and clear of all Liens whatsoever, except for the Security Interest Agent's Liens and other Permitted Liens; (b) the Security Interest Agent's Liens will not be subject to any prior Lien except for the Liens described in (a), (b), (c), (d), (e), (f), (h), (i), (j), (k) and j(l) of the definition of Permitted Liens; (c) such the Borrower will use, store, and maintain such Collateral with all reasonable care and will use such Collateral for lawful purposes only; and (d) such the Borrower will not, without the Agent's prior written approval, sell, lease, or dispose of or permit the sale or disposition of such Collateral or any portion thereof, except for sales or transfers of Inventory in the ordinary course of business and as permitted by SECTION 7.12 business. The inclusion of Proceeds in the Collateral shall not be deemed the AgentLender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
Appears in 1 contract
Samples: Loan and Security Agreement (Revlon Consumer Products Corp)
Title to, Liens on, and Sale and Use of Collateral. Each The Borrower represents and warrants to the Agent and the Lenders with respect to Collateral owned by such Borrower Lender that: (a) all Collateral is and will continue to be owned by such the Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest will not be subject to any prior Lien except for the Liens described in (b), (c), (e), (f), (h), (i) and (j) of the definition of Permitted Liens; (c) such the Borrower will use, store, and maintain such the Collateral with all reasonable care and will use such the Collateral for lawful purposes only; and (d) such the Borrower will not, without the AgentLender's prior written approval, sell, lease, or dispose of or permit the sale or disposition of such the Collateral or any portion thereof, except for sales of Inventory in the ordinary course of business and as permitted by SECTION 7.12 except for the granting of licenses with respect to patents, trademarks and copyrights (or amendments thereto) in the ordinary course of business on customary industry terms. The inclusion of Proceeds in the Collateral shall not be deemed the AgentLender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
Appears in 1 contract
Samples: Loan and Security Agreement (Globespan Semiconductor Inc)
Title to, Liens on, and Sale and Use of Collateral. Each The Borrower represents represents, warrants and warrants covenants to the Agent and the Lenders with respect to Collateral owned by such Borrower Lender that: (ai) all Collateral is and will continue to be owned by such the Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (bii) the Security Interest will not be subject to any prior Lien except for the Liens described in (b), (c), (e), (f), (h), (i) and j) of the definition of Permitted Liens, if any; (ciii) such the Borrower will use, store, and maintain such the Collateral with all reasonable care and will use such the Collateral for lawful purposes only; and (div) such the Borrower will not, without the AgentLender's prior written approval, sell, lease, or dispose of of, or permit the sale or disposition of such any Collateral or any portion thereof, except for sales of Inventory in the ordinary course of business business; and as permitted (v) the Borrower will not, without the Lender's prior written approval, sell, dispose of, transfer or assign any equity securities of Rapid Cast, Inc., now or hereafter owned by SECTION 7.12 the Borrower (beneficially or otherwise). The inclusion of Proceeds in the Collateral shall not be deemed the AgentLender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
Appears in 1 contract
Title to, Liens on, and Sale and Use of Collateral. Each The Borrower represents and warrants to the Agent and the Lenders with respect to Collateral owned by such Borrower Lender that: (a) all Collateral is and will continue to be owned by such the Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest will not be subject to any prior Lien except for the Liens described in (b), (c), (e), (f), (h), ) and (i) and j) of the definition of Permitted Liens; (c) such the Borrower will use, store, and maintain such the Collateral with all reasonable care and will use such the Collateral for lawful purposes only; and (d) such the Borrower will not, without the AgentLender's prior written approval, sell, lease, or dispose of or permit the sale sale, lease or disposition of such the Collateral or any portion thereof, except for sales of Inventory in the ordinary course of business and as permitted by SECTION 7.12 Section 7.12. The inclusion of Proceeds in the Collateral shall not be deemed the AgentLender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
Appears in 1 contract
Title to, Liens on, and Sale and Use of Collateral. Each Borrower represents and warrants to the Agent and the Lenders and agrees with respect to Collateral owned by such Borrower the Agent and the Lenders that: (a) all of the Collateral with respect to such Borrower is and will continue to be owned by such Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest Agent's Liens in the Collateral with respect to such Borrower will not be subject to any prior Lien except for the Liens described in (b), (c), (e), (f), (h), (i) and j) of the definition of those Permitted Liens, if any, specifically identified on Schedule 7.2; (c) such Borrower will use, store, and maintain the Collateral with respect to such Collateral Borrower with all reasonable care and will use such Collateral for lawful purposes only; and (d) such Borrower will not, without the Agent's prior written approval, sell, lease, or dispose of or permit the sale or disposition of any of the Collateral with respect to such Collateral or any portion thereof, Borrower except for sales of Inventory in the ordinary course of business and sales of Equipment as permitted by SECTION 7.12 Sections 5.11(c) or 8.9(b). The inclusion of Proceeds proceeds in the Collateral shall not be deemed to constitute the Agent's or any Lender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
Appears in 1 contract
Samples: Loan and Security Agreement (Laclede Steel Co /De/)
Title to, Liens on, and Sale and Use of Collateral. Each The Borrower represents and warrants to the Agent and the Lenders and agrees with respect to Collateral owned by such Borrower the Agent and the Lenders that: (a) all of the Collateral is and will continue to be owned by such the Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest Agent's Liens in the Collateral will not be subject to any prior Lien except for the other than Permitted Liens described in pursuant to clauses (b), (cd), (e), (f), g) or (h), (i) and j) of the definition of Permitted Liensthereof; (c) such the Borrower will use, store, and maintain such the Collateral with all reasonable care and will use such Collateral for lawful purposes only; and (d) such the Borrower will not, without the Agent's prior written approval, sell, lease, or dispose of or permit the sale or disposition of such any of the Collateral or any portion thereof, except for sales of Inventory in the ordinary course of business and sales of Equipment as permitted by SECTION 7.12 Section 6.11 and except for sales or other dispositions of Borrower's facilities in Berlin, Wisconsin and New Albany, Indiana. The inclusion of Proceeds proceeds in the Collateral shall not be deemed to constitute the Agent's or any Lender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
Appears in 1 contract
Samples: Loan and Security Agreement (United States Leather Inc /Wi/)
Title to, Liens on, and Sale and Use of Collateral. Each The Borrower represents and warrants to the Agent and the Lenders and agrees with respect to Collateral owned by such Borrower the Agent and the Lenders that: (a) all of the Collateral is and will continue to be owned by such the Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest Agent's Liens in the Collateral will not be subject to any prior Lien except for the other than Permitted Liens described in pursuant to clauses (b), (cd), (e), (f), g) or (h), (i) and j) of the definition of Permitted Liensthereof; (c) such the Borrower will use, store, and maintain such the Collateral with all reasonable care and will use such Collateral for lawful purposes only; and (d) such the Borrower will not, without the Agent's prior written approval, sell, lease, or dispose of or permit the sale or disposition of such any of the Collateral or any portion thereof, except for sales of Inventory in the ordinary course of business and sales of Equipment as permitted by SECTION 7.12 Section 6.11 and except for sales or other dispositions of Borrower's facilities in Berlin, Wisconsin and Xxxxxxxx, Indiana. The inclusion of Proceeds proceeds in the Collateral shall not be deemed to constitute the Agent's or any Lender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
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Title to, Liens on, and Sale and Use of Collateral. Title to, -------------------------------------------------- Each Borrower represents and warrants to the Agent and the Lenders Lender with respect to Collateral collateral owned by such Borrower that: (a) all Collateral is and will continue to be owned by such Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest will not be subject to any prior Lien except for the Liens described in (b), (c), (e), (f), (h), (i) and (j) of the definition of Permitted Liens; (c) such Borrower will use, store, and maintain such Collateral with all reasonable care and will use such Collateral for lawful purposes only; and (d) such Borrower will not, without the AgentLender's prior written approval, sell, lease, or dispose of or permit the sale or disposition of such Collateral or any portion thereof, except for sales of Inventory in the ordinary course of business and as permitted by SECTION 7.12 Section 7.12. The inclusion of Proceeds in the Collateral shall not be deemed the AgentLender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
Appears in 1 contract
Title to, Liens on, and Sale and Use of Collateral. Each The Borrower represents and warrants to the Agent and the Lenders Lender with respect to Collateral owned by such the Borrower that: :
(a) except for sales or transfers of Inventory in the ordinary course of business, all Collateral is and will continue to be owned by such the Borrower free and clear of all Liens whatsoever, except for the Security Interest and other Permitted Liens; (b) the Security Interest will not be subject to any prior Lien except for the Liens described in (b), (c), (d), (e), (f), (h), (i), (j), (k) and j(l) of the definition of Permitted Liens; (c) such the Borrower will use, store, and maintain such Collateral with all reasonable care and will use such Collateral for lawful purposes only; and (d) such the Borrower will not, without the AgentLender's prior written approval, sell, lease, or dispose of or permit the sale or disposition of such Collateral or any portion thereof, except for sales or transfers of Inventory in the ordinary course of business and as permitted by SECTION 7.12 business. The inclusion of Proceeds in the Collateral shall not be deemed the AgentLender's consent to any sale or other disposition of the Collateral except as expressly permitted herein.
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