Access to Collateral Clause Samples
The 'Access to Collateral' clause defines the rights and procedures by which a secured party may access, inspect, or take possession of collateral provided under an agreement. Typically, this clause outlines the circumstances—such as a default—under which access is permitted, and may specify requirements like advance notice or limitations on the manner and timing of access. Its core practical function is to ensure that the secured party can protect their interest in the collateral, particularly if the borrower fails to meet their obligations, thereby reducing the risk of loss.
Access to Collateral. Secured Party, or its agents, may peaceably retake possession of the Collateral with or without notice or process of law, and for that purpose may enter upon any premises where the Collateral is located and remove the same. At Secured Party’s request, Debtor shall assemble the Collateral and deliver it to Secured Party or any place designated by Secured Party, at Debtor’s expense.
Access to Collateral. With respect to each location at which the Collateral is now or hereafter located, Borrower will obtain such lien waivers, estoppel certificates or subordination agreements as the Administrative Agent, the Documentation Agent or the Lenders may reasonably require to insure the priority and perfection of their security interest in, and their ability to take possession of, the Collateral situated at such locations.
Access to Collateral permit the Security Trustee or any other person appointed by it on reasonable notice to have access to and view the state, order and condition of the Collateral and take inventories thereof;
Access to Collateral. Upon the request of the Facility Agent (on the instruction of any Lender) the Borrower shall provide the Facility Agent or any Lender and any of their respective representatives, professional advisers and agents with access to inspect the Collateral, the Mine Plan, the Sites and any information, including books and records, in each case at reasonable times and upon reasonable notice, and to discuss the affairs, finances and accounts of the Borrower; and
Access to Collateral. (a) Each of the Revolver Agent and the Trustee agrees to allow the other and its respective agents and employees reasonable access, subject to the conditions set forth in Sections 2.9(b)-(f), to any OSM Property in its possession or under its control, including, without limitation, any OSM Real Property and any customer lists, software, data bases, business records data and other books and records of the Company, New CF&I, CF&I and CWR pertaining to any of the Collateral, for the purposes of any Remedial Action then permitted by both this Agreement and the relevant Security Documents; the Company, on its behalf and on behalf of any of its Domestic Subsidiaries which is a party to any Security Documents, by acknowledging receipt of this Agreement consents to such access.
(b) In the event that any action has been taken to enforce the rights of the Noteholders or the Trustee with respect to the Note Collateral and the Trustee has obtained possession and control of any or all of the Note Collateral pursuant to the Note Security Documents, upon reasonable notice to the Trustee by the Revolver Agent, the Trustee shall, to the extent permitted by applicable Law, permit the Revolver Agent, its employees, agents, advisers and representatives, at the Revolver Agent's sole cost, expense, liability and risk, to enter upon the Note Collateral for purposes of (i) assembling the Revolver Collateral located on such Note Collateral, (ii) selling any or all of the Revolver Collateral located on such Note Collateral, whether in bulk, in lots or to retail customers in the ordinary course of business or otherwise, (iii) removing any or all of the Revolver Collateral located on such Note Collateral, and/or (iv) taking reasonable actions to protect, secure, and otherwise enforce the rights of the Revolver Agent in and to the Revolver Collateral. If the Revolver Agent elects to enter upon the Note Collateral as aforesaid, all actions taken by the Revolver Agent or its employees, agents, advisors and representatives pursuant to this Section 2.9(b) shall be taken in an efficient and workmanlike manner and in accordance with applicable Law. The Revolver Agent shall compensate the Trustee in cash (which may be paid by wire transfer) for any damage to the Note Collateral caused by such assembling, selling, removing, protecting and/or securing of such Revolver Collateral, and shall pay the Trustee in cash (which may be paid by check or wire transfer), within 15 days after demand, for a...
Access to Collateral. Notwithstanding anything contained herein to the contrary, and without limiting any other rights or remedies of the Lender contained in this Interim Order or the DIP Loan Documents, or otherwise available at law or in equity, and subject to the terms of the DIP Loan Agreement, upon three (3) business days’ written notice to the landlord of any leased premises upon which any Post-Petition Collateral is located (a “Landlord”), that an Event of Default or a Default by the Debtors of any of their obligations under the DIP Loan Documents or this Interim Order has occurred and is continuing, the Lender may, subject to any separate agreement by and between such Landlord and the Lender, enter upon any leased premises of any of the Debtors for the purpose of exercising any remedy with respect to Post-Petition Collateral located thereon and shall be entitled to all of the Debtors’ rights and privileges as lessee under such lease without interference from the Landlord thereunder; provided, however, that the Lender shall only pay base rent as defined in the lease with any such Landlord (or other agreement between Lender and the Landlord) and additional rent obligations of the Debtors (limited to charges for utilities, unless otherwise agreed between the Landlord and Lender) that first arise after the Lender’s written notice referenced above and that are payable during the period of such occupancy by the Lender, calculated on a per diem basis. Nothing herein shall require the Debtors to assume and assign to the Lender any lease under section 365(a) of the Bankruptcy Code as a precondition to the rights afforded to the Lender in this paragraph.
Access to Collateral. Notwithstanding anything in this Agreement to the contrary, so long as no Event of Default shall have occurred and be continuing, the Company may, subject to the provisions of the S&O Agreement, use, convey, sell, lease, assign, transfer or otherwise dispose of, commingle or blend all or any part of any of the Collateral.
Access to Collateral. In addition to Lender’s rights under Section 7.1(d), upon the occurrence and during the continuance of an Event of Default, Lender may (a) enter Borrower’s premises during normal standard business hours; and (b) until it completes the enforcement of its rights in the Equipment or other Collateral subject to its Lien and the sale or other disposition of any property subject thereto, take possession of such premises without charge, rent or payment therefor, or place custodians in control thereof, remain on such premises and use the same and any of Borrower’s Equipment and other Collateral for the purpose of completing any work in process, preparing any Collateral for disposing of or collecting any Collateral.
Access to Collateral. The Term Loan Agent agrees that the Revolver Agent, through its authorized representatives or agents may (to the extent the Term Loan Agent has the right to restrict access to the real property on which any of the Shared Collateral is located) enter upon such real property at any time and from time to time for the purpose of inspecting, repairing, removing or conducting a sale or sales of any or all of the Shared Collateral. The Term Loan Agent agrees that neither the Revolver Agent nor any Revolver Lender shall have any obligation or liability to the Term Loan Agent or any Term Lender for any action taken in accordance with the preceding sentence, except that Revolver Lenders shall: (i) repair any damage to such real property caused by the removal, repair, sale or inspection; and (ii) be liable for the negligent acts of the employees or agents of any Revolver Lender or the Revolver Agent in connection with such removal, repairs, sale or inspection.
Access to Collateral. Lender may examine and inspect the Collateral and may examine, inspect and copy all books and records with respect thereto or relevant to the Obligations during Borrower's normal business hours upon prior written notice to Borrower. Upon prior written notice to Borrower, Lender may discuss with Borrower's officers, independent accountants and other Persons, and such Persons are hereby authorized to discuss with Lender Borrower's business, assets, liabilities, financial condition, results of operations and business prospects, and Borrower hereby irrevocably authorizes Lender to obtain from such Persons maintaining any such records, any service records relating to Borrower or any of the Collateral subject to Lender's security interest or Lien. Upon the occurrence and during the continuance of an Event of Default, Lender may (i) enter Borrower's premises at any time; and (ii) until it completes the enforcement of its rights in the Equipment or other Collateral subject to its security interest or lien hereunder and the sale or other disposition of any property subject thereto, take possession of such premises without charge, rent or payment therefor, or place custodians in control thereof, remain on such premises and use the same and any of Borrower's Equipment and other Collateral for the purpose of completing any work in process, preparing any Collateral for disposing of or collecting any Collateral.