Negative Pledge Assets definition
Examples of Negative Pledge Assets in a sentence
Borrower shall not sell, lease, transfer or otherwise dispose of any of the Negative Pledge Assets to any Person, except for sales of Inventory to customers in the ordinary course of business or the sale of uncollectible Accounts to collection companies in the ordinary course of business and for fair value.
Borrower shall take such action as Lender may from time to time require to assure Lender that no Person storing any Third Party Goods with Borrower has any interest in the Negative Pledge Assets.
This Agreement, Lender’s security interests in the Negative Pledge Assets, and all of the other Loan Documents shall continue in full force and effect so long as any Liabilities shall be owed to Lender, and (even if there shall be no Liabilities outstanding) so long as this Agreement has not been terminated as provided in subsection 2.8 hereof.
The Negative Pledge Assets are located at the locations set forth on Exhibit A1 or Exhibit A2 attached hereto, except for Inventory in transit or at processors or packagers in conformity with the terms of the Agreement and the Inventory sold through the Deposit Inventory System which is located at Borrower’s Customer’s locations.
Notwithstanding any termination, until all of the Liabilities shall have been fully paid and satisfied and all Loan Documents between the Borrower and the Lender shall have been terminated, all of the Lender’s rights and remedies under this Agreement and the other Loan Documents shall survive, and the Borrower shall continue to be obligated under the Negative Pledge contained herein in and to all existing and future Negative Pledge Assets, as hereinafter defined.
Since the date of the consolidated financial statements of ▇▇▇▇▇▇, dated December 31, 1999 and the consolidated interim statement dated September 30, 2000, there has been no material adverse change in Borrower’s financial condition, results of operations or business or in the value of Borrower’s Negative Pledge Assets.
Since the date of the consolidated financial statements of ▇▇▇▇▇▇, dated December 31, 2007 and the consolidated interim statement dated June 30, 2008, there has been no material adverse change in Borrower’s financial condition, results of operations or business or in the value of Borrower’s Negative Pledge Assets.
Borrower shall take, and shall cause its Subsidiaries and Operating Companies to take, such actions as are necessary to preserve the right and ability of Borrower to pledge the Negative Pledge Assets as security for the Loans without any such pledge after the date hereof causing or permitting the acceleration (after the giving of notice or the passage of time, or otherwise) of any other Indebtedness of Borrower, any of its Subsidiaries or any Operating Company.
The Borrower shall not convey as security, collaterally assign, option, mortgage, pledge, hypothecate, encumber or create any Lien encumbering any of the Negative Pledge Assets.
Seller shall provide all information, data and documents in a timely fashion that Purchaser may reasonably require for Purchaser to obtain applicable permits.