Common use of Business and Property of Borrowers Clause in Contracts

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businesses. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its Subsidiaries.

Appears in 6 contracts

Samples: Security Agreement (PHI Group, Inc./De), Loan and Security Agreement (PHI Group, Inc./De), Loan and Security Agreement (PHI Group, Inc./De)

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Business and Property of Borrowers. Upon and after the Closing Date, the Borrowers and their Subsidiaries do not propose to engage in any business other than business which is substantially the Permitted Businessessame as or related to (in a commercially reasonable manner) one or more lines of business presently conducted by the Borrowers. On the Closing Date, each Borrower willwill own, and will cause its Subsidiaries to, own lease or license all the property and possess all of the rights right and Consents consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 6 contracts

Samples: Credit Agreement (Foster L B Co), Credit Agreement (Foster L B Co), Credit Agreement (Foster L B Co)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessesmarketing of ethanol and distillers grains and activities necessary to conduct the foregoing. On the Closing DateDate and at all times thereafter, each Borrower will, and will cause its Subsidiaries to, own owns all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 5 contracts

Samples: Credit and Security Agreement (Green Plains Inc.), Credit and Security Agreement (Green Plains Inc.), Security Agreement (Green Plains Renewable Energy, Inc.)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than business in substantially the Permitted Businessessame fields conducted by them prior to the Closing Date and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 4 contracts

Samples: Security Agreement (Innovex Downhole Solutions, Inc.), Security Agreement (Innovex Downhole Solutions, Inc.), Guaranty and Security Agreement (Innovex Downhole Solutions, Inc.)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than those business in which the Permitted BusinessesBorrowers are engaged on the date of this Agreement or that are reasonably related thereto and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 2 contracts

Samples: Security Agreement (UniTek Global Services, Inc.), Security Agreement (UniTek Global Services, Inc.)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessesmanufacture and sale of plastic bottles and the sales of compounds used in the manufacture thereof, and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 2 contracts

Samples: Security Agreement (PVC Container Corp), Security Agreement (PVC Container Corp)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than specialty staffing, consulting and financial outsourcing services and activities necessary to conduct the Permitted Businessesforegoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own or have the right to use all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Comforce Corp), Security Agreement (Comforce Corp)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessesmanufacture, import, export, distribution, and sale of branded footwear and apparel, and related products, and activities necessary to conduct the foregoing and any business reasonably incidental thereto. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 2 contracts

Samples: Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than manufacturing, installation and distribution of cleaning equipment and systems utilized in the Permitted Businessessemi-conductor industry and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 2 contracts

Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any material line of business other than the Permitted Businessessales, marketing and distribution of consumer products through television programming and other electronic media and activities reasonably incidental to the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its Subsidiariesas presently conducted.

Appears in 2 contracts

Samples: Term Loan Credit and Security Agreement (EVINE Live Inc.), Security Agreement (Valuevision Media Inc)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than Permitted Businesses and activities necessary to conduct the Permitted Businessesforegoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 2 contracts

Samples: Security Agreement (Aventine Renewable Energy Holdings Inc), Security Agreement (Aventine Renewable Energy Holdings Inc)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessesbusiness and related activities that Borrowers conduct as of the Closing Date. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (Quality Gold Holdings, Inc.)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessesworking in partnership with original equipment manufacturers. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (SMTC Corp)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than business engaged in on the Permitted BusinessesClosing Date and reasonable extensions thereof and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (Skullcandy, Inc.)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted BusinessesBusiness. On the Closing Date, each Borrower will, and Borrowers will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrowers.

Appears in 1 contract

Samples: Security Agreement (Hudson Technologies Inc /Ny)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessescreation, production, licensing and distribution of (a) home, lifestyle, health and wellness goods, equipment and (b) health and entertainment media and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (Gaiam, Inc)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than providing expedited and deferred freight and transportation services and activities necessary to conduct the Permitted Businessesforegoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own or lease all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (Kitty Hawk Inc)

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Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessesthose described on Schedule 5.21. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (Englobal Corp)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessesmanufacturing and marketing of printing solutions, including products, services and activities related thereto. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower other than those where the failure to obtain such right or its SubsidiariesConsent could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Security Agreement (Presstek Inc /De/)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do will not propose to engage in any a new line of business other than the Permitted Businessesmaterially different from Borrowers’ current business. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Zanett Inc)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than providing professional services and technology to the Permitted Businessesengineering community, activities necessary to conduct the foregoing and activities reasonably related to such business. On the Closing DateDate and at all times thereafter, each Borrower will, and will cause its Subsidiaries to, own owns all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its Subsidiariesas required by this Agreement.

Appears in 1 contract

Samples: Security Agreement (Avatech Solutions Inc)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businessesmanufacture and sale of residential and commercial refrigeration and air conditioning products and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do will not propose to engage in any business other than the Permitted BusinessesLine of Business and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (Robotic Vision Systems Inc)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than manufacturing and distribution and activities necessary to conduct the Permitted Businessesforegoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Security Agreement (Katy Industries Inc)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their respective Subsidiaries do shall not propose to engage in any business other than substantially different from the Permitted Businessesbusiness each engaged in on the Closing Date and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and its respective Subsidiaries will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its Subsidiariesbusiness.

Appears in 1 contract

Samples: Security Agreement (Sypris Solutions Inc)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries Obligors do not propose to engage in any business other than the Permitted Businessesbusiness in which such Persons are currently engaged as of the Closing Date and activities necessary or related to or reasonably contemplated by the conduct of the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own or have the right to use all the property material Property and possess all of the material rights and Consents consents necessary for the conduct of the business of such Borrower or its SubsidiariesBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Revolution Lighting Technologies, Inc.)

Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than as conducted as of the Permitted BusinessesClosing Date and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its Subsidiariesas conducted on the Closing Date.

Appears in 1 contract

Samples: Security Agreement (Bentley Systems Inc)

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