Warehouse Assets definition

Warehouse Assets means all right, title and interest of Borrower in and to the parcels of land located at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ and ▇▇▇-▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, together with all existing strips, gores, easements, rights-of-way, privileges, appurtenances, development rights and other rights pertaining thereto and located thereon.

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Warehouse Assets means all items which are not located at the Security Area and that are labeled with a label a sample of which is attached as of SCHEDULE 4 displaying the word “CBSY” or the word “SIG” or otherwise display the symbol or ▇▇▇▇ “SIG” as set out in SCHEDULE 5 (SIG Symbol) on a label or ▇▇▇▇ attached to them or printed or engraved on them and/or (ii) any other asset identification label, symbol, ▇▇▇▇, print or engraving delivered pursuant to paragraph (c) of Clause 4.1.

Warehouse Assets means, at any time, (a) each Receivable, including, without limitation, each Receivable identified on any List of Receivables delivered by Customer or Servicer to Facility Agent, SunAmerica or any other Purchaser Representative and, for each such Receivable, the note representing such Receivable and the related Receivable Delivery Documents, (b) all Related Security with respect to each such Receivable, (c) each Collection with respect to each Receivable or its Related Security and (d) all proceeds, products or any other distributions of, from or in respect of any of the foregoing, including, without limitation, whatever is receivable or received when any of the foregoing is sold, exchanged, collected or otherwise disposed of, whether such disposition is voluntary or involuntary.

Examples of Warehouse Assets in a sentence

• The Borrower will use the proceeds of each Advance made pursuant to this Agreement to (x) settle purchased Warehouse Assets or (y) deposit into the Reserve Account to be applied as set forth in Section 2.03(b).

• No Advance shall exceed the Available Facility Amount calculated immediately prior to giving effect to such Advance but calculated including all Advances that are expected to be made to fund Warehouse Assets that have been purchased but have not settled.

• The Borrower shall take all other actions necessary to maintain the accuracy of the factual assumptions in all material respects set forth in the legal opinions of Dechert LLP, as special counsel to the Borrower, issued in connection with the Sale Agreement and relating to the issues of substantive consolidation and true sale of the Warehouse Assets.

• The Borrower may transfer or contribute Warehouse Assets to a Designated Subsidiary in anticipation of a Permitted CLO and, if directed by the Warehouse Collateral Manager with notice to the Administrative Agent and the Collateral Agent, cause the settlement of a Borrower Party’s purchase of a Warehouse Asset into a Designated Subsidiary.

• The Borrower shall cause all Warehouse Assets to be credited to, and all amounts received in respect of the Warehouse Assets to be deposited in, the Custodial Account.

• Such amounts shall be designated for the purpose of funding such additional payments and shall not be available for the purchase of other Warehouse Assets.

• The Borrower will use any Equity Contribution Amount deposited in the Custodial Account only to (i) settle purchased Warehouse Assets, (ii) make a deposit into the Reserve Account to be applied as set forth in Section 2.03(b) or (iii) repay Advances.

• The Borrower shall cause all Warehouse Assets to be credited to, and all amounts received in respect of the Warehouse Assets to be deposited in, the Custodial Account; provided, that at the written direction of the Borrower to the Collateral Agent and with the prior consent of the Administrative Agent, Warehouse Assets may be transferred or otherwise contributed to a Designated Subsidiary in anticipation of a Permitted CLO.

• The Collateral Agent shall maintain books and records with respect to the Collateral in a manner consistent with its practices with respect to comparable collateral that it holds for others including, without limitation, records of the acquisition and Liquidation of all Warehouse Assets.

• Further, nothing herein shall impose or imply any duty or obligation on the part of the Collateral Agent to verify, investigate or audit any such information or data, or to determine or monitor on an independent basis whether any obligor of the Warehouse Assets is in default or in compliance with the underlying instruments governing or securing such assets.

More Definitions of Warehouse Assets

Warehouse Assets has the meaning set forth in Section 2.2.

Warehouse Assets has meaning assigned to that term in the Warehouse Agreement.

Warehouse Assets means, at any time, (a) each Receivable, including, without limitation, each Receivable identified on any List of Receivables delivered by Customer or Servicer to Buyer or any other Purchaser Representative and, for each such Receivable, the note representing such Receivable and the related Receivable Delivery Documents, (b) all Related Security with respect to each such Receivable, (c) each Collection with respect to each Receivable or its Related Security and (d) all proceeds, products or any other distributions of, from or in respect of any of the foregoing, including, without limitation, whatever is receivable or received when any of the foregoing is sold, exchanged, collected or otherwise disposed of, whether such disposition is voluntary or involuntary. For avoidance of doubt, the Warehouse Assets identified on Schedule 1.1 have been approved by Buyer for purchase on the Closing Date.

Warehouse Assets means the Warehouse Filling Machines and the Warehouse Inventory.

Warehouse Assets means any and all assets which are located at a Warehouse. “Warehouses” means

Warehouse Assets means all assets leased or owned by any Seller or any Affiliate related primarily to the operation of any one or more of the Theaters that are located in a warehouse or other off-site facility, excluding any 35 millimeter projectors located at such warehouse or facility.