Common use of Change of Name; Location of Collateral; Records; Place of Business Clause in Contracts

Change of Name; Location of Collateral; Records; Place of Business. (a) The Company agrees promptly to notify the Administrative Agent in writing of any change (i) in its corporate name, (ii) in the location of its chief executive office, its principal place of business, any office in which it maintains books or records relating to Collateral owned by it or any office or facility at which Collateral owned by it is located (including the establishment of any such new office or facility) other than with respect to Collateral (A) consisting of goods in transit between facilities, whether in vehicles owned by the Company or on common carriers and (B) located in temporary warehousing which will remain in such warehousing for no longer than one month, (iii) in its identity or type of organization or legal structure, (iv) in its Federal Taxpayer Identification Number or organizational identification number, as applicable or (v) in its jurisdiction of organization. The Company agrees promptly to provide the Administrative Agent with certified organizational documents reflecting any of the changes described in the preceding sentence. The Company agrees not to effect or permit any change referred to in the preceding sentences unless all filings have been made under the Uniform Commercial Code or otherwise that are required in order for the Administrative Agent to continue at all times following such change to have a valid, legal and perfected first priority security interest in all the Collateral. The Company agrees promptly to notify the Administrative Agent if any material portion of the Collateral owned or held by the Company is damaged or destroyed.

Appears in 3 contracts

Samples: And Restated Security Agreement (CNS Response, Inc.), Security Agreement (CNS Response, Inc.), Security Agreement (CNS Response, Inc.)

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Change of Name; Location of Collateral; Records; Place of Business. (a) The Company Each Grantor agrees promptly to notify the Administrative Collateral Agent in writing of any change (i) any change in its corporate namelegal name or in any trade name used to identify it in the conduct of its business or in the ownership of its properties, (ii) any change in the location of its chief executive office, its principal place of business, any office in which it maintains books or records relating to Collateral owned by it it, or any office or facility at which Collateral owned by it is located (located, including the establishment of any such new office or facility) other than with respect to Collateral (A) consisting of goods in transit between facilities, whether in vehicles owned by the Company or on common carriers and (B) located in temporary warehousing which will remain in such warehousing for no longer than one month, (iii) any change in its identity or type of organization or legal organizational structure, (iv) any change in its Federal Taxpayer Identification Number or organizational identification number, as applicable if any, assigned to it by its state of organization, or (v) in its jurisdiction the acquisition by any Grantor of organizationany property for which additional filings or recordings are necessary to perfect and maintain the Collateral Agent's Security Interest therein. The Company agrees Upon receipt of such notice, Collateral Agent shall promptly to provide the Administrative Agent with certified organizational documents reflecting any of the changes described in the preceding sentence. The Company agrees not to effect or permit any change referred to in the preceding sentences unless make all filings have been made under the Uniform Commercial Code UCC or otherwise that are required in order for the Administrative Collateral Agent to continue at all times following such change to have a valid, legal and perfected first priority security interest in all of the Collateral. The Company , and each Grantor agrees promptly not to notify effect or permit any change referred to in the Administrative Agent if any material portion of preceding sentence until all such filings have been made by the Collateral owned or held by the Company is damaged or destroyedAgent.

Appears in 2 contracts

Samples: Security Agreement (Marsh Supermarkets Inc), Security Agreement (Marsh Supermarkets Inc)

Change of Name; Location of Collateral; Records; Place of Business. (a) The Company agrees promptly Each Grantor agrees, concurrently with the delivery of financial statements pursuant to Section 6.01 of the Credit Agreement, to notify the Administrative Agent in writing of any change (i) in its corporate name, (ii) in the location of its chief executive office, its principal place of business, any office in which it maintains books or records relating to Collateral owned by it or any office or facility at which Collateral owned by it is located (including the establishment of any such new office or facility) other than with respect to any material portion of the Collateral (A) consisting of goods in transit between facilities, whether in vehicles owned by the Company applicable Grantor or on common carriers and (B) located in temporary warehousing which will remain in such warehousing for no longer than one month, (iii) in its identity or type of organization or legal structure, (iv) in its Federal Taxpayer Identification Number or organizational identification number, as applicable or (v) in its jurisdiction of organization. The Company Each Grantor agrees promptly to provide the Administrative Agent with certified organizational documents reflecting any of the changes described in the preceding sentence. The Company Each Grantor agrees not to effect or permit any change referred to in the preceding sentences unless all filings have been made under the Uniform Commercial Code or otherwise that are required in order for the Administrative Agent to continue at all times following such change to have a valid, legal and perfected first priority security interest in all the Collateral. The Company Each Grantor agrees promptly to notify the Administrative Agent if any material portion of the Collateral owned or held by the Company such Grantor is damaged or destroyed.

Appears in 2 contracts

Samples: Security Agreement (Jupitermedia Corp), Security Agreement (Jupitermedia Corp)

Change of Name; Location of Collateral; Records; Place of Business. (a) The Company agrees promptly Each Grantor agrees, concurrently with the delivery of financial statements pursuant to Section 5.01 of the Credit Agreement, to notify the Administrative Agent in writing of any change (i) in its corporate name, (ii) in the location of its chief executive office, its principal place of business, any office in which it maintains books or records relating to Collateral owned by it or any office or facility at which Collateral owned by it is located (including the establishment of any such new office or facility) other than with respect to any material portion of the Collateral (A) consisting of goods in transit between facilities, whether in vehicles owned by the Company applicable Grantor or on common carriers and (B) located in temporary warehousing which will remain in such warehousing for no longer than one month, (iii) in its identity or type of organization or legal structure, (iv) in its Federal Taxpayer Identification Number or organizational identification number, as applicable or (v) in its jurisdiction of organization. The Company Each Grantor agrees promptly to provide the Administrative Agent with certified organizational documents reflecting any of the changes described in the preceding sentence. The Company Each Grantor agrees not to effect or permit any change referred to in the preceding sentences unless all filings have been made under the Uniform Commercial Code or otherwise that are required in order for the Administrative Agent to continue at all times following such change to have a valid, legal and perfected first priority security interest in all the Collateral. The Company Each Grantor agrees promptly to notify the Administrative Agent if any material portion of the Collateral owned or held by the Company such Grantor is damaged or destroyed.

Appears in 1 contract

Samples: Security Agreement (Jupitermedia Corp)

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Change of Name; Location of Collateral; Records; Place of Business. (a) The Company agrees promptly Each Grantor will furnish to notify the Administrative Collateral Agent at least thirty (30) days prior written notice (or such shorter period as may be agreed to in writing by the Collateral Agent in writing its sole discretion) of any change in: (i) any Grantor’s name or in any trade name used to identify it in the conduct of its corporate name, business or in the ownership of its properties; (ii) in the location of its any Grantor’s chief executive office, its principal place of business, any office in which it maintains books or records relating to Collateral owned by it or any office or facility at which Collateral owned by it is located (including the establishment of any such new office or facility) other than with respect to Collateral (A) consisting , but excluding the establishment of goods in transit between facilities, whether in vehicles owned by the Company or on common carriers and (B) located in temporary warehousing which will remain in any such warehousing for no longer than one month, new Stores); (iii) in its identity any Grantor’s organizational structure or type jurisdiction of organization incorporation or legal structure, formation; or (iv) in its any Grantor’s Federal Taxpayer Identification Number or organizational identification number, as applicable or (v) in if any, assigned to it by its jurisdiction state of organization. The Company agrees promptly to provide the Administrative Agent with certified organizational documents reflecting any of the changes described in the preceding sentence. The Company Each Grantor agrees not to effect or permit any change referred to in the preceding sentences sentence unless all filings filings, publications and registrations have been made under the Uniform Commercial Code UCC or otherwise other applicable Law that are required in order for the Administrative Collateral Agent to continue at all times following such change to have a valid, legal and perfected first priority security interest in all the Collateral. The Company agrees promptly Collateral (subject only to notify Permitted Encumbrances having priority by operation of applicable Law) for its own benefit and the Administrative Agent if any material portion benefit of the Collateral owned or held by the Company is damaged or destroyedother Credit Parties.

Appears in 1 contract

Samples: Security Agreement (A.C. Moore Arts & Crafts, Inc.)

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