Common use of Transactions Involving Collateral Clause in Contracts

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor's business, Grantor will not sell, offer to sell, or otherwise transfer or dispose of the Collateral, except (i) transfers, sales or dispositions of Collateral that is obsolete or worn out property disposed of in the ordinary course of business and (ii) other asset dispositions provided that such other asset dispositions do not exceed $200,000.00 in the aggregate for any fiscal year. So long as no Event of Default has occurred, Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor's business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Grantor will not, without the prior written consent of the Secured Party, pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any Lien, other than the Liens provided for in this Agreement and Permitted Liens. This includes Liens even if junior in right to the Liens granted under this Agreement. Unless waived by the Secured Party, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for the Secured Party and shall not be commingled with any other funds; provided, however, this requirement shall not constitute consent by the Secured Party to any sale or other disposition. Upon receipt Grantor will immediately deliver any such proceeds to the Secured Party.

Appears in 2 contracts

Samples: Loan Agreement (Cutter & Buck Inc), Loan Agreement (Cutter & Buck Inc)

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Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor's business, or as otherwise provided for in this Agreement, Grantor will shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral, except (i) transfers, sales or dispositions of Collateral that . While Grantor is obsolete or worn out property disposed of not in the ordinary course of business and (ii) other asset dispositions provided that such other asset dispositions do not exceed $200,000.00 in the aggregate for any fiscal year. So long as no Event of Default has occurred, default under this Agreement Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor's business does not include a transfer in partial party or total satisfaction of a debt or any bulk sale. Grantor will not, without the prior written consent of the Secured Party, shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any Lien, security interest, encumbrance, or charge, other than the Liens security interest provided for in this Agreement and Permitted LiensAgreement, without the prior written consent of Lender. This includes Liens security interests even if junior in right to the Liens security interests granted under this Agreement. Unless waived by the Secured PartyLender, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for the Secured Party Lender and shall not be commingled with any other funds; provided, provided however, this requirement shall not constitute consent by the Secured Party Lender to any sale or other disposition. Upon receipt receipt, Grantor will shall immediately deliver any such proceeds to the Secured PartyLender.

Appears in 1 contract

Samples: Commercial Security Agreement (Dougherty's Pharmacy, Inc.)

Transactions Involving Collateral. Except Grantor shall not sell or otherwise transfer or dispose of any the Collateral, except for (a) inventory sold or accounts in the ordinary course of Grantor's business, (b) accounts, chattel paper and instruments collected in the ordinary course of Grantor's business, Grantor will not sell, offer to sell, or otherwise transfer or dispose of the Collateral, except and (ic) transfers, sales or dispositions of Collateral that is obsolete or worn out property disposed of in under terms and conditions permitted under the ordinary course of business and (ii) other asset dispositions provided that such other asset dispositions do not exceed $200,000.00 in the aggregate for any fiscal yearLoan Agreement. So As long as no Event of Default has occurred, Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business, unless Lender has agreed to release the Collateral sold under the terms of the Loan Agreement. A sale in the ordinary course of Grantor's business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Grantor will not, without the prior written consent of the Secured Party, shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any LienEncumbrance or charge, other than the Liens provided for in this Agreement and Permitted Liens, without the prior written consent of Lender. This includes Liens security interests even if junior in right to the Liens security interests granted under this Agreement. Unless waived by the Secured PartyLender, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for the Secured Party Lender and shall not be commingled with any other funds; provided, provided however, this requirement shall not constitute consent by the Secured Party Lender to any sale or other disposition. Upon receipt receipt, Grantor will shall immediately deliver any such proceeds to Lender for deposit into the Secured PartyDominion Account.

Appears in 1 contract

Samples: Commercial Security Agreement (Search Financial Services Inc)

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Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor's business, Grantor will not sell, offer to sell, or otherwise transfer or dispose of the Collateral, except (i) transfers, sales or dispositions of Collateral that is obsolete or worn out property disposed of in the ordinary course of business and (ii) other asset dispositions provided that such other asset dispositions do not exceed $200,000.00 in the aggregate for any fiscal year. So long as no Event of Default has occurred, Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor's business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Except in the ordinary course of its business, Grantor will not: (a) grant any extension of the time of payment of any amount owing to it by any account debtor; (b) compromise or settle the same for less than the full amount thereof; (c) release, wholly or partially, any Person liable for the payment thereof, or allow any credit or discount thereon. Grantor will not, without the prior written consent of the Secured Party, pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any Lien, other than the Liens provided for in this Agreement and Permitted Liens. This includes Liens even if junior in right to the Liens granted under this Agreement. Unless waived by the Secured Party, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for the Secured Party and shall not be commingled with any other funds; provided, however, this requirement shall not constitute consent by the Secured Party to any sale or other disposition. Upon receipt Grantor will immediately deliver any such proceeds to the Secured Party. The proceeds of sales, leases, collections or other dispositions of the Collateral will not be credited to the Obligations unless and until actually received in cash by the Secured Party.

Appears in 1 contract

Samples: Loan Agreement (Cutter & Buck Inc)

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