Updates to Certain Schedules. Deliver to Agent promptly as shall be required to maintain the related representations and warranties as true and correct, updates to Schedules 4.4 (Equipment and Inventory Locations; Place of Business, Chief Executive Office, Real Property), 5.9 (Intellectual Property), 5.23 (Equity Interests), 5.24 (Commercial Tort Claims), and 5.25 (Letter-of-Credit Rights); provided, that absent the occurrence and continuance of any Event of Default, Borrowers and Guarantors shall only be required to provide such updates on an annual basis in connection with delivery of a Compliance Certificate with respect to the applicable Fiscal Year. Any such updated Schedules delivered by Borrowers or Guarantors to Agent in accordance with this Section 9.18 shall automatically and immediately be deemed to amend and restate the prior version of such Schedule previously delivered to Agent and attached to and made part of this Agreement. Notwithstanding the foregoing, Agent’s acceptance of any such updated Schedules shall not be deemed to constitute a waiver of any Event of Default arising as a result of the occurrence of an event not permitted by the terms of this Agreement.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Build-a-Bear Workshop Inc), Revolving Credit and Security Agreement (Build a Bear Workshop Inc)
Updates to Certain Schedules. Deliver to Agent promptly as shall be required to maintain the related representations and warranties as true and correctcorrect in all material respects, updates to Schedules 4.4 (Equipment and Inventory Locations; Place of Business, Chief Executive Office, Real Property), 5.9 (Intellectual Property), 5.23 5.24 (Equity Interests), 5.24 5.25 (Commercial Tort Claims), and 5.25 5.26 (Letter-of-Credit Rights); provided, that that, absent the occurrence and continuance of any Event of Default, Borrowers and Guarantors shall only be required to provide such updates on an annual a quarterly basis in connection with delivery of a Compliance Certificate with respect to the applicable Fiscal YearQuarter. Any such updated Schedules delivered by Borrowers or Guarantors to Agent in accordance with this Section 9.18 shall automatically and immediately be deemed to amend and restate the prior version of such Schedule previously delivered to Agent and attached to and made part of this Agreement. Notwithstanding the foregoing, Agent’s acceptance of any such updated Schedules shall not be deemed to constitute a waiver of any Event of Default arising as a result of the occurrence of an event not permitted by the terms of this Agreement...
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Finish Line Inc /In/)
Updates to Certain Schedules. Deliver to Agent promptly as shall be required to maintain the related representations and warranties as true and correct, updates to Schedules Schedule 4.4 (Equipment Ownership and Inventory Locations; Place Location of Business, Chief Executive Office, Real PropertyCollateral), 5.9 Schedule 5.4 (Equity Interests), Schedule 5.21 (Intellectual Property), 5.23 Schedule 5.31 (Equity InterestsMaterial Contracts), 5.24 Schedule 6.12 (Commercial Tort Claims)Deposit, Securities and 5.25 (Letter-of-Credit Rights)Investment Accounts) and; provided, that that, absent the occurrence and continuance of any Event of Default, Borrowers and Guarantors Loan Parties shall only be required to provide such updates updated schedules on an annual a quarterly basis in connection with delivery of a Compliance Certificate with respect to the applicable Fiscal Yearquarter; provided, further that, the foregoing proviso shall not diminish or affect a Borrower’s notice obligations arising under this Agreement or the Other Documents with respect to any event that may have given rise to such schedule update and, at all times, Borrower’s shall deliver notice to Agent of any event requiring such notice in the manner and time frame prescribed by this Agreement. Any such updated Schedules delivered by Borrowers or Guarantors Loan Parties to Agent in accordance with this Section 9.18 9.17 shall automatically and immediately be deemed to amend and restate the prior version of such Schedule previously delivered to Agent and attached to and made part of this Agreement. Notwithstanding the foregoing, Agent’s acceptance of any such updated Schedules shall not be deemed to constitute a waiver of any Event of Default arising as a result of the occurrence of an event not permitted by the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit, Security and Guaranty Agreement (ZRCN Inc.)