Common use of Warehouse Receipts Clause in Contracts

Warehouse Receipts. (a) Debtor has delivered or will deliver to Secured Party any and all documents, instruments and writings in any way relating to the Warehouse Receipts or in any way relating to the property evidenced thereby. As long as this Agreement remains in effect, Debtor shall immediately deliver to Secured Party any and all future documents, instruments or other writings applicable or in any way relating to the foregoing in Debtor’s possession. In the event that Debtor is unable to deliver original Warehouse Receipts, and such other documents, to Secured Party at the time this Agreement is executed, as required above, Debtor agrees to deliver immediately such Warehouse Receipts to Secured Party upon issuance of the same. (b) Debtor further agrees that Secured Party shall have the right at any time, and from time to time, whether or not one or more Events of Default exist under the Credit Agreement, to demand that Debtor immediately deliver to Secured Party any and all Warehouse Receipts held in Debtor’s possession or control for or representing all or any part of the Collateral that is then or may thereafter be issued in the name of Debtor. Debtor unconditionally agrees to deliver such Warehouse Receipts to Secured Party on demand. (c) In addition to Warehouse Receipts, Secured Party may require Debtor from time to time, one or more times, to deliver to Secured Party such lists, descriptions and designations of any applicable Collateral not represented by Warehouse Receipts as Secured Party may require to identify the nature, extent and location of the same. (d) Debtor represents and warrants to Secured Party that all of Debtor’s grain at any time, and from time to time, represented by Warehouse Receipts or included in any list, description or designation referred to above, will at all times be owned by Debtor free and clear of all liens, encumbrances and security interests of any kind whatsoever, excepting only the security interest of Secured Party pursuant hereto. (e) As long as no Event of Default exists, Debtor may sell or use in its operations the property under Warehouse Receipts, as well as Debtor’s property not represented by Warehouse Receipts, in carrying on Debtor’s business in the ordinary course, substantially in the same manner as now conducted; but a sale in the ordinary course of business shall not include any transfer or sale in satisfaction, partial or complete, of a debt owed by Debtor.

Appears in 2 contracts

Samples: Security Agreement (Green Plains Renewable Energy, Inc.), Security Agreement (Green Plains Renewable Energy, Inc.)

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Warehouse Receipts. (a) The Debtor has delivered or will deliver to the Secured Party any and all documents, instruments and writings in any way relating to the Warehouse Receipts or in any way relating to the property evidenced thereby. As long as this Agreement remains in effect, the Debtor shall immediately deliver to the Secured Party any and all future documents, instruments instruments, or other writings applicable or in any way relating to the foregoing in the Debtor’s possession. In the event that the Debtor is unable to deliver original Warehouse Receipts, and such other documents, to the Secured Party at the time this Agreement is executed, as required above, the Debtor agrees to deliver immediately such Warehouse Receipts to the Secured Party upon issuance of the same. (b) The Debtor further agrees that the Secured Party shall have the right at any time, and from time to time, whether or not one or more Events Event of Default exist under the Credit Loan Agreement, to demand that the Debtor immediately deliver to the Secured Party any and all Warehouse Receipts held in the Debtor’s possession or control for or representing all or any part of the Collateral that is then or may thereafter be issued in the name of the Debtor. The Debtor unconditionally agrees to deliver such Warehouse Receipts to the Secured Party on demand. (c) In addition to Warehouse Receipts, the Secured Party may require the Debtor from time to time, one or more times, to deliver to the Secured Party such lists, descriptions and designations of any applicable Collateral not represented by Warehouse Receipts as the Secured Party may require to identify the nature, extent and location of the same. (d) The Debtor represents and warrants to the Secured Party that all of the Debtor’s grain at any time, and from time to time, represented by Warehouse Receipts or included in any list, description or designation referred to above, will at all times be owned by the Debtor free and clear of all liens, encumbrances and security interests of any kind whatsoever, excepting only the security interest of the Secured Party pursuant hereto. (e) As long as no Event of Default exists, the Debtor may sell or use in its operations the property under Warehouse Receipts, as well as the Debtor’s property not represented by Warehouse Receipts, in carrying on the Debtor’s business in the ordinary course, substantially in the same manner as now conducted; but a sale in the ordinary course of business shall not include any transfer or sale in satisfaction, partial or complete, of a debt owed by the Debtor.

Appears in 1 contract

Samples: Security Agreement (One Earth Energy LLC)

Warehouse Receipts. (a) At the Secured Party’s request and option, the Debtor has delivered or will deliver to the Secured Party (or the agent or designee of the Secured Party), any and all documents, instruments instruments, and writings in any way relating to the Warehouse Receipts or in any way relating to the property evidenced thereby. As long as this Agreement remains in effect, at the Secured Party’s request and option, the Debtor shall immediately deliver to the Secured Party any and all future documents, instruments instruments, or other writings applicable or in any way relating to the foregoing in the Debtor’s possession. In the event that the Debtor is unable to deliver original Warehouse Receipts, and such other documents, to the Secured Party at the time this Agreement is executed, as required above, the Debtor agrees to deliver immediately such Warehouse Receipts to the Secured Party upon issuance of the same. (b) The Debtor further agrees that the Secured Party shall have the right at any time, and from time to time, whether or not one or more Events of Default exist under the Credit Loan Agreement, to demand that the Debtor immediately deliver delivers to the Secured Party any and all Warehouse Receipts held in the Debtor’s possession or control for or representing all or any part of the Collateral that is then or may thereafter be issued in the name of the Debtor. The Debtor unconditionally agrees to deliver such Warehouse Receipts to the Secured Party on demand. (c) In addition to Warehouse Receipts, the Secured Party may require the Debtor from time to time, one or more times, to deliver to the Secured Party such lists, descriptions descriptions, and designations of any applicable Collateral not represented by Warehouse Receipts as the Secured Party may require to identify the nature, extent extent, and location of the same. (d) The Debtor represents and warrants to the Secured Party that all of the Debtor’s grain at any time, and from time to time, represented by Warehouse Receipts or included in any list, description description, or designation referred to above, will at all times be owned by the Debtor free and clear of all liensLiens, encumbrances encumbrances, and security interests of any kind whatsoever, excepting only the security interest of the Secured Party pursuant hereto. (e) As long as no Event of Default exists, the Debtor may sell or use in its operations the property released by the Secured Party from or under Warehouse Receipts, as well as the Debtor’s property not represented by Warehouse Receipts, in carrying on the Debtor’s respective business in the ordinary course, substantially in the same manner as now conducted; but a sale in the ordinary course of business shall not include any transfer or sale in satisfaction, partial or complete, of a debt owed by the Debtor.

Appears in 1 contract

Samples: Security Agreement (Cardinal Ethanol LLC)

Warehouse Receipts. (a) The Debtor has delivered or will deliver to the Secured Party any and all documents, instruments and writings in any way relating to the Warehouse Receipts or in any way relating to the property evidenced thereby. As long as this Agreement remains in effect, the Debtor shall immediately deliver to the Secured Party any and all future documents, instruments instruments, or other writings applicable or in any way relating to the foregoing in the Debtor’s possession. In the event that the Debtor is unable to deliver original Warehouse Receipts, and such other documents, to the Secured Party at the time this Agreement is executed, as required above, the Debtor agrees to deliver immediately such Warehouse Receipts to the Secured Party upon issuance of the same. (b) The Debtor further agrees that the Secured Party shall have the right at any time, and from time to time, whether or not one or more Events of Default exist under the Credit Loan Agreement, to demand that the Debtor immediately deliver to the Secured Party any and all Warehouse Receipts held in the Debtor’s possession or control for or representing all or any part of the Collateral that is then or may thereafter be issued in the name of the Debtor. The Debtor unconditionally agrees to deliver such Warehouse Receipts to the Secured Party on demand. (c) In addition to Warehouse Receipts, the Secured Party may require the Debtor from time to time, one or more times, to deliver to the Secured Party such lists, descriptions and designations of any applicable Collateral not represented by Warehouse Receipts as the Secured Party may require to identify the nature, extent and location of the same. (d) The Debtor represents and warrants to the Secured Party that all of the Debtor’s grain at any time, and from time to time, represented by Warehouse Receipts or included in any list, description or designation referred to above, will at all times be owned by the Debtor free and clear of all liens, encumbrances and security interests of any kind whatsoever, excepting only the security interest of the Secured Party pursuant hereto. (e) As long as no Event of Default exists, the Debtor may sell or use in its operations the property released by the Secured Party from or under Warehouse Receipts, as well as the Debtor’s property not represented by Warehouse Receipts, in carrying on the Debtor’s business in the ordinary course, substantially in the same manner as now conducted; but a sale in the ordinary course of business shall not include any transfer or sale in satisfaction, partial or complete, of a debt owed by the Debtor.

Appears in 1 contract

Samples: Security Agreement (Highwater Ethanol LLC)

Warehouse Receipts. (a) The Debtor has delivered or will deliver to the Secured Party any and all documents, instruments and writings in any way relating to the Warehouse Receipts or in any way relating to the property evidenced thereby. As long as this Agreement remains in effect, the Debtor shall immediately deliver to the Secured Party any and all future documents, instruments instruments, or other writings applicable or in any way relating to the foregoing in the Debtor’s possession. In the event that the Debtor is unable to deliver original Warehouse Receipts, and such other documents, to the Secured Party at the time this Agreement is executed, as required above, the Debtor agrees to deliver immediately such Warehouse Receipts to the Secured Party upon issuance of the same. (b) The Debtor further agrees that the Secured Party shall have the right at any time, and from time to time, whether or not one or more Events of Default exist under the Credit AgreementBond Lease, to demand that the Debtor immediately deliver to the Secured Party any and all Warehouse Receipts held in the Debtor’s possession or control for or representing all or any part of the Collateral that is then or may thereafter be issued in the name of the Debtor. The Debtor unconditionally agrees to deliver such Warehouse Receipts to the Secured Party on demand. (c) In addition to Warehouse Receipts, the Secured Party may require the Debtor from time to time, one or more times, to deliver to the Secured Party such lists, descriptions and designations of any applicable Collateral not represented by Warehouse Receipts as the Secured Party may require to identify the nature, extent and location of the same. (d) The Debtor represents and warrants to the Secured Party that all of the Debtor’s grain at any time, and from time to time, represented by Warehouse Receipts or included in any list, description or designation referred to above, will at all times be owned by the Debtor free and clear of all liens, encumbrances and security interests of any kind whatsoever, excepting only the security interest of the Secured Party pursuant hereto. (e) As long as no Event of Default exists, the Debtor may sell or use in its operations the property released by the Secured Party from or under Warehouse Receipts, as well as the Debtor’s property not represented by Warehouse Receipts, in carrying on the Debtor’s business in the ordinary course, substantially in the same manner as now conducted; but a sale in the ordinary course of business shall not include any transfer or sale in satisfaction, partial or complete, of a debt owed by the Debtor.

Appears in 1 contract

Samples: Security Agreement (Highwater Ethanol LLC)

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Warehouse Receipts. (a) The Debtor has delivered or will deliver to the Secured Party any and all documents, instruments and writings in any way relating to the Warehouse Receipts or in any way relating to the property evidenced thereby. As long as this Agreement remains in effect, the Debtor shall immediately deliver to the Secured Party any and all future documents, instruments instruments, or other writings applicable or in any way relating to the foregoing in the Debtor’s possession. In the event that the Debtor is unable to deliver original Warehouse Receipts, and such other documents, to the Secured Party at the time this Agreement is executed, as required above, the Debtor agrees to deliver immediately such Warehouse Receipts to the Secured Party upon issuance of the same. (b) The Debtor further agrees that the Secured Party shall have the right at any time, and from time to time, whether or not one or more Events Event of Default exist under the Credit Loan Agreement, to demand that the Debtor immediately deliver to the Secured Party any and all Warehouse Receipts held in the Debtor’s possession or control for or representing all or any part of the Collateral that is then or may thereafter be issued in the name of the Debtor. The Debtor unconditionally agrees to deliver such Warehouse Receipts to the Secured Party on demand. (c) In addition to Warehouse Receipts, the Secured Party may require the Debtor from time to time, one or more times, to deliver to the Secured Party such lists, descriptions and designations of any applicable Collateral not represented by Warehouse Receipts as the Secured Party may require to identify the nature, extent and location of the same. (d) The Debtor represents and warrants to the Secured Party that all of the Debtor’s grain at any time, and from time to time, represented by Warehouse Receipts or included in any list, description or designation referred to above, will at all times be owned by the Debtor free and clear of all liens, encumbrances and security interests of any kind whatsoever, excepting only the security interest of the Secured Party pursuant hereto. (e) As long as no Event of Default exists, the Debtor may sell or use in its operations the property released by the Secured Party from or under Warehouse Receipts, as well as the Debtor’s property not represented by Warehouse Receipts, in carrying on the Debtor’s business in the ordinary course, substantially in the same manner as now conducted; but a sale in the ordinary course of business shall not include any transfer or sale in satisfaction, partial or complete, of a debt owed by the Debtor.

Appears in 1 contract

Samples: Security Agreement (Cardinal Ethanol LLC)

Warehouse Receipts. (a) The Debtor has delivered or will deliver to the Secured Party (or the agent or designee of the Secured Party), any and all documents, instruments and writings in any way relating to the Warehouse Receipts or in any way relating to the property evidenced thereby. As long as this Agreement remains in effect, the Debtor shall immediately deliver to the Secured Party any and all future documents, instruments instruments, or other writings applicable or in any way relating to the foregoing in the Debtor’s 's possession. In the event that the Debtor is unable to deliver original Warehouse Receipts, and such other documents, to the Secured Party at the time this Agreement is executed, as required above, the Debtor agrees to deliver immediately such Warehouse Receipts to the Secured Party upon issuance of the same. (b) The Debtor further agrees that the Secured Party shall have the right at any time, and from time to time, whether or not one or more Events of Default exist under the Credit Loan Agreement, to demand that the Debtor immediately deliver to the Secured Party any and all Warehouse Receipts held in the Debtor’s 's possession or control for or representing all or any part of the Collateral that is then or may thereafter be issued in the name of the Debtor. The Debtor unconditionally agrees to deliver such Warehouse Receipts to the Secured Party on demand. (c) In addition to Warehouse Receipts, the Secured Party may require the Debtor from time to time, one or more times, to deliver to the Secured Party such lists, descriptions and designations of any applicable Collateral not represented by Warehouse Receipts as the Secured Party may require to identify the nature, extent and location of the same. (d) The Debtor represents and warrants to the Secured Party that all of the Debtor’s 's grain at any time, and from time to time, represented by Warehouse Receipts or included in any list, description or designation referred to above, will at all times be owned by the Debtor free and clear of all liens, encumbrances and security interests of any kind whatsoever, excepting only the security interest of the Secured Party pursuant hereto. (e) As long as no Event of Default exists, the Debtor may sell or use in its operations the property released by the Secured Party from or under Warehouse Receipts, as well as the Debtor’s 's property not represented by Warehouse Receipts, in carrying on the Debtor’s 's business in the ordinary course, substantially in the same manner as now conducted; but a sale in the ordinary course of business shall not include any transfer or sale in satisfaction, partial or complete, of a debt owed by the Debtor.

Appears in 1 contract

Samples: Security Agreement (Cardinal Ethanol LLC)

Warehouse Receipts. (a) Debtor has The Borrowers have delivered or will deliver to Secured Party Lender, any and all documents, instruments and writings in any way relating to the Warehouse Receipts or in any way relating to the property evidenced thereby. As long as this Agreement remains in effect, Debtor the Borrowers shall immediately deliver to Secured Party Lender any and all future documents, instruments instruments, or other writings applicable or in any way relating to the foregoing in Debtor’s the Borrowers’ possession. In the event that Debtor is the Borrowers are unable to deliver original Warehouse Receipts, and such other documents, to Secured Party Lender at the time this Agreement is executed, as required above, Debtor agrees the Borrowers agree to deliver immediately such Warehouse Receipts to Secured Party Lender upon issuance of the same. (b) Debtor The Borrowers further agrees agree that Secured Party Lender shall have the right at any time, and from time to time, whether or not one or more Events of Default exist under the Credit this Agreement, to demand that Debtor the Borrowers immediately deliver to Secured Party Lender any and all Warehouse Receipts held in Debtor’s the Borrowers’ possession or control for or representing all or any part of the Collateral that is then or may thereafter be issued in the name of Debtora Borrower. Debtor The Borrowers unconditionally agrees agree to deliver such Warehouse Receipts to Secured Party Lender on demand. (c) In addition to Warehouse Receipts, Secured Party Lender may require Debtor the Borrowers from time to time, one or more times, to deliver to Secured Party Lender such lists, descriptions and designations of any applicable Collateral not represented by Warehouse Receipts as Secured Party Lender may require to identify the nature, extent and location of the same. (d) Debtor represents The Borrowers represent and warrants warrant to Secured Party Lender that all of Debtor’s grain the Borrowers’ Grain at any time, and from time to time, represented by Warehouse Receipts or included in any list, description or designation referred to abovethe Borrowing Base, will at all times be owned by Debtor the Borrowers free and clear of all liens, encumbrances and security interests of any kind whatsoever, excepting only the security interest of Secured Party Lender pursuant hereto. (e) As long as no Event of Default exists, Debtor may sell or use in its operations the property under Warehouse Receipts, as well as Debtor’s property not represented by Warehouse Receipts, in carrying on Debtor’s business in the ordinary course, substantially in the same manner as now conducted; but a sale in the ordinary course of business shall not include any transfer or sale in satisfaction, partial or complete, of a debt owed by Debtor.

Appears in 1 contract

Samples: Loan and Security Agreement

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