Common use of Agency for Perfection Clause in Contracts

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 9 contracts

Samples: Credit Agreement (Cost Plus Inc/Ca/), Credit Agreement (Rue21, Inc.), Credit Agreement (Rue21, Inc.)

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Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States of America can be perfected only by possession. Should any Lender (other than the Agentsan Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Administrative Agent thereof, and, promptly upon the Collateral Administrative Agent’s request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 9 contracts

Samples: Credit Agreement (American Apparel, Inc), Credit Agreement (American Apparel, Inc), Credit Agreement (American Apparel, Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.

Appears in 7 contracts

Samples: Credit Agreement (Iparty Corp), Credit Agreement (Tops Holding Ii Corp), Credit Agreement (Iparty Corp)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States of America or Canada can be perfected only by possession. Should any Lender (other than the Agentsan Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Administrative Agent thereof, and, promptly upon the Collateral Administrative Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 5 contracts

Samples: Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.

Appears in 3 contracts

Samples: Credit Agreement (Duckwall Alco Stores Inc), Credit Agreement (Duckwall Alco Stores Inc), Credit Agreement (Duckwall Alco Stores Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law applicable law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 3 contracts

Samples: Loan Agreement (Express, Inc.), Security Agreement (Express, Inc.), Asset Based Term Loan Agreement (Express, Inc.)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the LendersSecured Parties, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law applicable law or regulation of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Outdoor Brands, Inc.), Loan and Security Agreement (American Outdoor Brands, Inc.)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 2 contracts

Samples: Credit Agreement (Syms Corp), Credit Agreement (Syms Corp)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.. Section 9.14

Appears in 2 contracts

Samples: Credit Agreement (Chico's Fas, Inc.), Credit Agreement (Chico's Fas, Inc.)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC UCC, the PPSA or any other Applicable Law of the United States or any other jurisdiction can be perfected only by possessionpossession or control. Should any Lender (other than the Agents) obtain possession or control of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 2 contracts

Samples: Assignment and Assumption (Genesco Inc), Credit Agreement (Genesco Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsCollateral Agent) obtain possession or control of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 2 contracts

Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable applicable Law of the United States States, can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Metropark Usa Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall 121 deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Barnes & Noble Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States of America can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Longs Drug Stores Corp)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents and the LendersSecured Parties, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States of America or otherwise can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s Agents’ request therefor shall deliver such Collateral to the Collateral Agent Agents or otherwise deal with such Collateral in accordance with the Collateral Agent’s Agents’ instructions.

Appears in 1 contract

Samples: Credit Agreement (Caleres Inc)

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Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States of America can be perfected only by possession. Should any Lender (other than the Agentsan Agent) obtain possession of any such 116 Collateral, such Lender shall notify the Agents Administrative Agent thereof, and, promptly upon the Collateral Administrative Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.

Appears in 1 contract

Samples: Credit Agreement (Great Atlantic & Pacific Tea Co Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the Agents) obtain possession or control of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Big 5 Sporting Goods Corp)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC UCC, the PPSA or any other Applicable Law of the United States or any other jurisdiction can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsAgent) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent, the Term Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable applicable Law of the United States States, can be perfected only by possession. Should the Term Agent or any Lender (other than the AgentsAgent) obtain possession of any such Collateral, the Term Agent or such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Hancock Fabrics Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent, the Term Loan Agent, and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable applicable Law of the United States can be perfected only by possession. Should the Term Loan Agent or any Lender (other than the AgentsAgent) obtain possession of any such Collateral, the Term Loan Agent or such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (FDO Holdings, Inc.)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent, the Term Loan Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States can be perfected only by possession. Should Term Loan Agent or any Lender (other than the AgentsAgent) obtain possession of any such Collateral, the Term Loan Agent or such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Alco Stores Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.. 153 11238955v2211516251

Appears in 1 contract

Samples: Credit Agreement (Barnes & Noble Education, Inc.)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents and the Lenders, in assets whichthat, in accordance with Article Articles 8 or 9 of the UCC or any other Applicable Requirements of Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other Applicable Law of the United States of America can be perfected only by possession. Should any Lender (other than the Agentsan Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Administrative Agent thereof, and, promptly upon the Collateral Administrative Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.

Appears in 1 contract

Samples: Credit Agreement (Great Atlantic & Pacific Tea Co Inc)

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