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

Appears in 99 contracts

Samples: Amended and Restated Credit Agreement (Mesa Laboratories Inc /Co/), Credit Agreement (Mesa Laboratories Inc /Co), Credit Agreement (Saga Communications Inc)

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

Appears in 87 contracts

Samples: Credit Agreement (Clarus Corp), Credit Agreement (Charlotte's Web Holdings, Inc.), Credit Agreement (Cactus, Inc.)

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

Appears in 67 contracts

Samples: Credit Agreement (Lifetime Brands, Inc), Credit Agreement (GLOBAL INDUSTRIAL Co), Credit Agreement (Furmanite Corp)

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

Appears in 58 contracts

Samples: Credit Agreement (LKQ Corp), Credit Agreement (Parametric Technology Corp), Credit Agreement (Parametric Technology Corp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Holders of Secured ~~Parties~~Obligations, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 20 contracts

Samples: Credit Agreement (Brush Engineered Materials Inc), Credit Agreement (MATERION Corp), Credit Agreement (Central Garden & Pet Co)

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

Appears in 18 contracts

Samples: Credit Agreement (Progress Software Corp /Ma), Credit Agreement (Angiodynamics Inc), Subsidiary Guarantee Agreement (LogMeIn, Inc.)

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

Appears in 16 contracts

Samples: Credit Agreement (TPC Group LLC), Credit Agreement (Am-Source, LLC), Credit Agreement (Allscripts Healthcare Solutions, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the ~~UCC~~ UCC, the PPSA, the STA or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 10 contracts

Samples: Credit Agreement (Bed Bath & Beyond Inc), Credit Agreement (Bed Bath & Beyond Inc), Credit Agreement and Waiver (Bed Bath & Beyond Inc)

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

Appears in 10 contracts

Samples: Credit Agreement (Levi Strauss & Co), Joinder Agreement (Levi Strauss & Co), Joinder Agreement (Levi Strauss & Co)

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

Appears in 9 contracts

Samples: Credit Agreement (G Iii Apparel Group LTD /De/), Credit Agreement (Lapeyre James M Jr), Credit Agreement (Natural Resource Partners Lp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens for the benefit of the Administrative Agent and the ~~Secured Parties~~Lenders, in ~~assets~~ Collateral which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession ~~or control~~and such possession is required by the Perfection Requirements. ~~Should~~ If any Lender (other than the Administrative Agent) ~~obtain~~ obtains possession ~~or control~~ of any ~~such~~ Collateral, such Lender shall notify the Administrative Agent thereof, ; and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 7 contracts

Samples: Credit Agreement (Hillman Companies Inc), First Lien Credit Agreement (Hayward Holdings, Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens for the benefit of the Administrative Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable ~~law~~ Requirement of Law can be perfected only by ~~possession or control~~possession. ~~Should~~ If any Lender (other than the Administrative Agent) ~~obtain~~ obtains possession ~~or control~~ of any ~~such~~ Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ thereof and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 7 contracts

Samples: Term Loan Credit Agreement (Leslie's, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.), Assignment and Assumption (Shift4 Payments, Inc.)

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

Appears in 6 contracts

Samples: Credit Agreement (Tailored Brands Inc), Assignment and Assumption (Core-Mark Holding Company, Inc.), Senior Secured (Tailored Brands Inc)

Appears in 5 contracts

Samples: Credit Agreement (CompoSecure, Inc.), Execution Version Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Winnebago Industries Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens for the benefit of the Administrative ~~Agent~~ Agent, and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. ~~Should~~ If any Lender (other than the Administrative Agent) ~~obtain~~ obtains possession ~~or control~~ of any ~~such~~ Collateral, such Lender shall notify the Administrative Agent thereof, ; and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 4 contracts

Samples: Fourth Amendment Agreement (PQ Group Holdings Inc.), Third Amendment Agreement (PQ Group Holdings Inc.), Patent Security Agreement (PQ Group Holdings Inc.)

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

Appears in 4 contracts

Samples: Credit Agreement (Smithfield Foods Inc), Credit (Smithfield Foods Inc), Credit Agreement (CSK Auto Corp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets ~~which~~that, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender ~~shall~~ will notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor ~~shall~~ will deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 4 contracts

Samples: Credit Agreement (Allbirds, Inc.), Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Allbirds, Inc.)

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

Appears in 4 contracts

Samples: Credit Agreement (HF Foods Group Inc.), Morgan Credit Agreement (Acorda Therapeutics Inc), Credit Agreement (Haynes International Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens for the benefit of the Administrative Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. ~~Should~~ If any Lender (other than the Administrative Agent) ~~obtain~~ obtains possession ~~or control~~ of any ~~such~~ Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ thereof and, promptly upon the Administrative Agent’s request ~~therefor~~ therefor, shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 4 contracts

Samples: Term Loan Agreement (Daseke, Inc.), Term Loan Agreement (Daseke, Inc.), Term Loan Agreement (Daseke, Inc.)

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

Appears in 3 contracts

Samples: Lender (Ascena Retail Group, Inc.), Possession Credit Agreement (Ascena Retail Group, Inc.), Assignment and Assumption (Ascena Retail Group, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law (including the PPSA), can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request ~~therefor~~ therefor, shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 3 contracts

Samples: Intercreditor Agreement (Weatherford International PLC), Lc Credit Agreement (Weatherford International PLC), Intercreditor Agreement (Weatherford International PLC)

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

Appears in 3 contracts

Samples: Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)

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

Appears in 3 contracts

Samples: Credit Agreement (Escalade Inc), First Amended and Restated Credit Agreement (Escalade Inc), Credit Agreement (Escalade Inc)

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

Appears in 3 contracts

Samples: Credit Agreement (Atmus Filtration Technologies Inc.), Credit Agreement (Cummins Inc), Credit Agreement (Atmus Filtration Technologies Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Holders of Secured ~~Parties~~Obligations, in assets which, in accordance with Article 9 of the ~~UCC~~ applicable Uniform Commercial Code or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 3 contracts

Samples: Credit Agreement (Insight Enterprises Inc), Intercreditor Agreement (Insight Enterprises Inc), Credit Agreement (Insight Enterprises Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable ~~law~~ law, can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Lender serving hereunder as the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 3 contracts

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

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

Appears in 3 contracts

Samples: Credit Agreement (Livent Corp.), Credit Agreement (Arcadium Lithium PLC), Credit Agreement (Livent Corp.)

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

Appears in 3 contracts

Samples: Credit Agreement (Orthofix Medical Inc.), Credit Agreement (CSW Industrials, Inc.), Credit Agreement (Acxiom Corp)

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

Appears in 2 contracts

Samples: Credit Agreement (Endo International PLC), Credit Agreement (Endo International PLC)

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

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp), Credit and Guaranty Agreement (Syntax-Brillian Corp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Holders of Secured ~~Parties~~Obligations, in assets which, in accordance with Article 9 of the UCC or any other applicable ~~law~~ law, can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) lawfully obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 2 contracts

Samples: Credit Agreement (Quad/Graphics, Inc.), Credit Agreement (Quad/Graphics, Inc.)

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

Appears in 2 contracts

Samples: Credit Agreement (Southwestern Energy Co), Credit Agreement (Southwestern Energy Co)

Appears in 2 contracts

Samples: Credit Agreement (Waldencast Acquisition Corp.), Credit Agreement (Waldencast PLC)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative ~~Agent~~Agent or the Ex-Im Revolving Lender) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or the Ex-Im Revolving Lender, as applicable or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 2 contracts

Samples: Credit Agreement (Manitex International, Inc.), Credit Agreement (A.S.V., LLC)

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

Appears in 2 contracts

Samples: Credit Agreement (Tyson Foods Inc), Credit Agreement (Tyson Foods Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of ~~the Administrative Agent and~~ the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected ~~only~~ by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent and the Collateral Trustee thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the ~~Administrative Agent~~ Collateral Trustee or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 2 contracts

Samples: Restatement Agreement (Endo International PLC), Assignment and Assumption (Endo International PLC)

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

Appears in 2 contracts

Samples: Credit Agreement (Phinia Inc.), Credit Agreement (Phinia Inc.)

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

Appears in 2 contracts

Samples: Credit Agreement (Advisory Board Co), Credit Agreement (Advisory Board Co)

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

Appears in 2 contracts

Samples: Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc)

Appears in 2 contracts

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

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the ~~Administrative~~ Collateral Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any ~~Lender~~ Secured Party (other than the ~~Administrative~~ Collateral Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, ; and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the ~~Administrative~~ Collateral Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 2 contracts

Samples: Credit Agreement (Orion Engineered Carbons S.A.), Credit Agreement (Orion S.A.)

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

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp), Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the ~~UCC~~ UCC, the PPSA or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 2 contracts

Samples: Credit Agreement (Alta Equipment Group Inc.), Lien Credit Agreement (Alta Equipment Group Inc.)

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

Appears in 2 contracts

Samples: Credit Agreement (Chesapeake Energy Corp), Credit Agreement (Southwestern Energy Co)

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

Appears in 2 contracts

Samples: Credit Agreement (Belden Inc.), Credit Agreement (Belden Inc.)

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

Appears in 2 contracts

Samples: Credit Agreement (Libbey Inc), Credit Agreement (Libbey Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens (in each case for the benefit of the ~~Administrative Agent and the~~ Secured Parties, ) in assets which, in accordance with Article 9 of the UCC or any other applicable law (including the PPSA) can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ and, promptly upon the request of the Administrative Agent~~’s request therefor~~ , shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the instructions of the Administrative Agent~~’s instructions~~.

Appears in 2 contracts

Samples: Second Amendment (ODP Corp), Credit Agreement (Office Depot Inc)

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

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Orchard Supply Hardware Stores Corp), Credit Agreement (Orchard Supply Hardware Stores Corp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens for the benefit of the Administrative Agent and the ~~Secured Parties,~~ Lenders in assets which, in accordance with Article 9 of the UCC or any other applicable ~~law~~ law, can be perfected only by ~~possession or control~~possession. ~~Should~~ If any Lender (other than the Administrative Agent) ~~obtain~~ obtains possession ~~or control~~ of any ~~such~~ Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ thereof and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 2 contracts

Samples: Credit Agreement (Cano Health, Inc.), Credit Agreement (Cano Health, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. 101

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative 138 Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s 's request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s 's instructions.

Appears in 1 contract

Samples: Visteon Corp

Appointment for Perfection. Each ~~Lender~~ Holder hereby appoints each other ~~Lender~~ Holder as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the ~~Secured Parties~~Holders, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any ~~Lender~~ Holder (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such ~~Lender~~ Holder shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request ~~therefor~~ therefore (acting at the written direction of the Requisite Holders) shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent (if applicable) or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. SECTION 9.17

Appears in 1 contract

Samples: Credit Agreement (Clear Secure, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative ~~Agent~~ Agents and the ~~Secured Parties~~Lenders, in assets which, in accordance with the PPSA, Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than ~~the~~ either Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the relevant Administrative Agent thereof, and, promptly upon ~~the~~ such Administrative Agent’s request therefor shall deliver such Collateral to ~~the~~ such Administrative Agent or otherwise deal with such Collateral in accordance with ~~the~~ such Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Cellu Tissue Holdings, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor 145 Cleco CorporationCorporate Holdings LLC Credit Agreement shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Cleco Power LLC)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. 126

Appears in 1 contract

Samples: Credit Agreement (Jamf Holding Corp.)

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

Appears in 1 contract

Samples: Term Loan Credit Agreement (Vista Outdoor Inc.)

Appears in 1 contract

Samples: Credit Agreement (Paycom Software, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative ~~Agent~~ Agent, the Lenders and the other holders of Secured ~~Parties~~Obligations, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ thereof and, promptly upon the Administrative Agent’s request ~~therefor~~ therefor, shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Sunoco Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s 116 request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Holders of Secured ~~Parties~~Obligations, in assets which, in accordance with Article 9 of the UCC or any other applicable ~~law~~ law, can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) lawfully obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor 155 shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Quad/Graphics, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (TRAC Intermodal LLC)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s 's request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s 's instructions.. SECTION 9.17

Appears in 1 contract

Samples: Credit Agreement (HF Foods Group Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be 124 perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Scotts Miracle-Gro Co)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative 128 Agent and the Holders of Secured ~~Parties~~Obligations, in assets which, in accordance with Article 9 of the UCC or any other applicable ~~law~~ law, can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) lawfully obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Quad/Graphics, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s 's request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s 's instructions.

Appears in 1 contract

Samples: Credit Agreement (Kaman Corp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions. SECTION 9.17.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured ~~Parties~~Creditors, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Furniture Brands International Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other 117 than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (MasterBrand, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. DB1/ 102580159.10 113

Appears in 1 contract

Samples: Version Credit Agreement (Nautilus, Inc.)

Appears in 1 contract

Samples: Credit Agreement (Zoe's Kitchen, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Catalyst Paper Corp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens for the benefit of the Administrative Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with ~~Article~~ ‎Article 9 of the UCC or any other applicable ~~law~~ Requirements of Law can be perfected only by ~~possession or control~~possession. ~~Should~~ If any Lender (other than the Administrative Agent) ~~obtain~~ obtains possession ~~or control~~ of any ~~such~~ Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ thereof and, promptly upon the Administrative Agent’s request ~~therefor~~ therefor, shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: First Lien Credit Agreement (Victoria's Secret & Co.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law (including the PPSA) can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. 117 ACTIVE 214387177

Appears in 1 contract

Samples: Term Loan Agreement (Weatherford International PLC)

Appears in 1 contract

Samples: Collateral Agency Agreement (Puget Sound Energy Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other ~~applicable law~~ Requirement of Law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent ~~or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.~~128 -

Appears in 1 contract

Samples: Credit Agreement (Livent Corp.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law 108 can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Medifast Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the ~~UCC~~ UCC, the PPSA, or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Nine Energy Service, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. 77

Appears in 1 contract

Samples: Credit Agreement (Blackboard Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Holders of Secured ~~Parties~~Obligations, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. EXHIBIT A

Appears in 1 contract

Samples: Credit Agreement (Dean Foods Co)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the ABL Administrative Agent, the Supplemental Term Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected ~~only~~ by possession or control. Should any Lender (other than the ABL Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the ABL Administrative Agent thereof, and, promptly upon the ABL Administrative Agent’s request therefor shall deliver such Collateral to the ABL Administrative Agent or otherwise deal with such Collateral in accordance with the ABL Administrative Agent’s instructions.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Orchard Supply Hardware Stores Corp)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens for the benefit of the Administrative Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable ~~law~~ Requirements of Law can be perfected only by ~~possession or control~~possession. ~~Should~~ If any Lender (other than the Administrative Agent) ~~obtain~~ obtains possession ~~or control~~ of any ~~such~~ Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ thereof and, promptly upon the Administrative Agent’s request ~~therefor~~ therefor, shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Victoria's Secret & Co.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the 151 other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ thereof and, promptly upon the Administrative Agent’s request ~~therefor~~ therefor, shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (G Iii Apparel Group LTD /De/)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the 128 Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Sprouts Farmers Market, Inc.)

Appears in 1 contract

Samples: First Lien Credit Agreement (Hayward Holdings, Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting ~~Liens,~~ Liens for the benefit of the Administrative Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable ~~law~~ Requirements of Law can be perfected only by ~~possession or control~~possession. ~~Should~~ If any Lender (other than the Administrative Agent) ~~obtain~~ obtains possession ~~or control~~ of any ~~such~~ 141 [[56622096068574]] Collateral, such Lender shall notify the Administrative Agent ~~thereof,~~ thereof and, promptly upon the Administrative Agent’s request ~~therefor~~ therefor, shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: First Lien Credit Agreement (Victoria's Secret & Co.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. SECTION 9.17

Appears in 1 contract

Samples: Credit Agreement (Jamf Holding Corp.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the ~~UCC~~ UCC, the PPSA or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request ~~therefor~~ therefore shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such 105 Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (CommerceHub, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Ping Identity Holding Corp.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. 107

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain 130 possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Nextgen Healthcare, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Bowne & Co Inc)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any Lender (other than the Administrative Agent) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. 110

Appears in 1 contract

Samples: Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the ~~Administrative Agent~~ Collateral Trustee and the ~~Secured Parties~~Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by ~~possession or control~~possession. Should any ~~Lender~~ Secured Party (other than the ~~Administrative Agent~~Collateral Trustee) obtain possession ~~or control~~ of any such Collateral, such Lender shall notify the Administrative Agent thereof, ; and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the ~~Administrative Agent~~ Collateral Trustee or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.

Appears in 1 contract

Samples: Credit Agreement (Kleopatra Holdings 2 S.C.A.)

Appointment for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens, for the benefit of the Administrative Agent and the other Secured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable law can be perfected only by possession or control. Should any Lender (other than the Administrative Agent) obtain possession or control of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent’s request therefor shall deliver such Collateral to the Administrative Agent or otherwise deal with such Collateral in accordance with the Administrative Agent’s instructions.. SECTION 9.18

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Belden Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Virtusa Corp)

Appears in 1 contract

Samples: First Amendment Agreement (Ecovyst Inc.)

Common use of Appointment for Perfection Clause in Contracts