Common use of Commercial Tort Claims Clause in Contracts

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 34 contracts

Samples: Guaranty and Security Agreement (Radioshack Corp), Guaranty and Security Agreement (Medical Staffing Network Holdings Inc), Guaranty and Security Agreement (Access Integrated Technologies Inc)

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Commercial Tort Claims. The only commercial tort claims Commercial Tort Claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim Commercial Tort Claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 17 (Commercial Tort Claims), which sets forth such information separately for each Grantor.

Appears in 14 contracts

Samples: Pledge and Security Agreement (Revlon Consumer Products Corp), Pledge and Security Agreement (Knology Inc), Pledge and Security Agreement (Prestige Brands Holdings, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, asserted or threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) where such Grantor’s claim is in excess of $100,000 or its recovery thereunder could reasonably be expected to be greater than $100,000, are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 7 contracts

Samples: Credit Agreement (GSE Holding, Inc.), Second Lien Guaranty and Security Agreement (GSE Holding, Inc.), First Lien Guaranty and Security Agreement (GSE Holding, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be definitively determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) in excess of $500,000 individually or $1,000,000 in the aggregate are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 6 contracts

Samples: Guaranty and Security Agreement (Francesca's Holdings CORP), Guaranty and Security Agreement (Francesca's Holdings CORP), Joinder Agreement (Francesca's Holdings CORP)

Commercial Tort Claims. The only commercial tort claims existing or potential Commercial Tort Claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim Commercial Tort Claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 17 (Commercial Tort Claims), which sets forth such information separately for each Grantor.

Appears in 5 contracts

Samples: Pledge and Security Agreement (Hli Operating Co Inc), Security Agreement (Dominion Homes Inc), Security Agreement (Dominion Homes Inc)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, asserted or threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 5 contracts

Samples: Guaranty and Security Agreement (Thermon Holding Corp.), Security Agreement (Thermon Holding Corp.), Security Agreement (Thermon Holding Corp.)

Commercial Tort Claims. The only commercial tort claims Commercial Tort Claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim Commercial Tort Claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claimsthereof) are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 4 contracts

Samples: Guaranty and Security Agreement (Igi Laboratories, Inc), Guaranty and Security Agreement (Jakks Pacific Inc), Guaranty and Security Agreement (Jakks Pacific Inc)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1the Disclosure Certificate, which sets forth such information separately for each Grantor.

Appears in 3 contracts

Samples: Registration Rights Agreement (Bergio International, Inc.), Security Agreement (Unique Logistics International Inc), Security Agreement (Unrivaled Brands, Inc.)

Commercial Tort Claims. The only commercial tort claims of any such Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Security Agreement (Qt Imaging Holdings, Inc.), Security Agreement (AtlasClear Holdings, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof or the date of any supplement by Schedule 1 pursuant to Section 5.8 (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 11 to this Agreement, which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Joinder Agreement (Real Industry, Inc.), Joinder Agreement (Real Industry, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor the Grantors existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each GrantorII.

Appears in 2 contracts

Samples: Security Agreement (Cavco Industries Inc), Security Agreement (Palm Harbor Homes Inc /Fl/)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1E to the Disclosure Letter, which sets forth such commercial tort claims to the extent the damages being sought exceed $100,000 in the aggregate for all such commercial tort claims of all Grantors and which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Security Agreement (Olympic-Cascade Publishing, Inc.), Security Agreement (Newsprint Ventures, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof and constituting Collateral (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1the Perfection Certificate, which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Bombay Company Inc), Guaranty and Security Agreement (Bombay Co Inc)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof having a value reasonably predicted by the Grantors of $250,000 or more (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claimsdetermined) are those listed on Schedule 11 of the Disclosure Letter, which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (iRhythm Technologies, Inc.), Guaranty and Security Agreement (iRhythm Technologies, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Papa Murphy's Holdings, Inc.), Guaranty and Security Agreement (Papa Murphy's Holdings, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Imation Corp), Guaranty and Security Agreement (Imation Corp)

Commercial Tort Claims. The only commercial tort claims Commercial Tort Claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim Commercial Tort Claim has been asserted, threatened or has otherwise been made known to the obligee thereof in writing or whether litigation has been commenced for such claims) are those listed on Schedule 17 (Commercial Tort Claims), which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Pledge and Security Agreement (WCI Steel, Inc.), Pledge and Security Agreement (WCI Steel, Inc.)

Commercial Tort Claims. The only commercial tort claims of any the Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each Grantorthe Disclosure Certificate.

Appears in 2 contracts

Samples: Security Agreement (Chromocell Therapeutics Corp), Security Agreement (Chromocell Therapeutics Corp)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on that it is aware of as of the date hereof Closing Date (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) with an expected recovery value in excess of $1,000,000 are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 2 contracts

Samples: Security Agreement (CVR Partners, Lp), Lien Security Agreement (CVR Partners, Lp)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof Closing Date (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) ), other than commercial tort claims with a value of less than $1,000,000, are those listed on Schedule 1, which sets forth such information separately for each Grantor. GUARANTY AND SECURITY AGREEMENT WESTWOOD ONE, INC.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Westwood One Inc /De/)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claimsdetermined) are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Einstein Noah Restaurant Group Inc)

Commercial Tort Claims. The only commercial tort claims Commercial Tort Claims of any Grantor existing on the date hereof and known to the Grantors (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim Commercial Tort Claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) ), if any, are those listed on Schedule 17 (Commercial Tort Claims), which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Pledge and Security Agreement (Alaris Medical Systems Inc)

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Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 11 to the Amendment Disclosure Letter, which sets forth such commercial tort claims to the extent the damages being sought exceed $100,000 in the aggregate for all such commercial tort claims of all Grantors and which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Security Agreement (McClatchy Co)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 11 to this Agreement, which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Joinder Agreement (Signature Group Holdings, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof Closing Date (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) ), other than commercial tort claims with a value of less than $1,000,000, are those listed on Schedule 1, which sets forth such information separately for each Grantor. SECOND LIEN GUARANTY AND SECURITY AGREEMENT WESTWOOD ONE, INC.

Appears in 1 contract

Samples: Joinder Agreement (Westwood One Inc /De/)

Commercial Tort Claims. The only commercial tort claims Commercial Tort Claims of any Grantor existing on the date hereof and known to such Grantor (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim Commercial Tort Claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, 8 which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Pledge and Security Agreement (Cellu Tissue Holdings, Inc.)

Commercial Tort Claims. The To the knowledge of each Grantor, the only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 13.1, which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Assisted Living Concepts Inc)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof Closing Date (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Pledge and Security Agreement (Waitr Holdings Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof Closing Date and of which any Grantor has knowledge (but regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) in an individual amount exceeding $100,000 are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (CBaySystems Holdings LTD)

Commercial Tort Claims. The only commercial tort claims Commercial Tort Claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim Commercial Tort Claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 12 (Commercial Tort Claims), which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Pledge and Security Agreement (PARTS iD, Inc.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on that it is aware of as of the date hereof Closing Date (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) with an expected recovery value in excess of $500,000 are those listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Rentech Nitrogen Partners, L.P.)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 1, which sets forth such information separately for each Grantor, those disclosed to the Agent pursuant to subsection 5.8 hereof or those acquired after the date hereof which are not required to be disclosed to Agent pursuant to subsection 5.8 hereof.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Constar International Inc)

Commercial Tort Claims. The only commercial tort claims Commercial Tort Claims of any such Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim Commercial Tort Claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those listed on Schedule 17, which sets forth such information separately for each such Grantor.

Appears in 1 contract

Samples: Pledge and Security Agreement (Us Concrete Inc)

Commercial Tort Claims. The only commercial tort claims of any Grantor existing on the date hereof (regardless of whether the amount, defendant or other material facts can be determined and regardless of whether such commercial tort claim has been asserted, threatened or has otherwise been made known to the obligee thereof or whether litigation has been commenced for such claims) are those those, listed on Schedule 1, which sets forth such information separately for each Grantor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Dayton Superior Corp)

Commercial Tort Claims. The only commercial tort claims of any such Grantor existing on the date hereof (regardless of whether the amountif any), defendant or other material facts can be determined and regardless of whether to such commercial tort Grantor’s knowledge for which a claim has been assertedfiled in a court of competent jurisdiction, threatened or has otherwise been made known in each case with a value which would reasonably be expected to the obligee thereof or whether litigation has been commenced for such claims) exceed $1,000,000, are those listed on Schedule 1, which sets forth such information separately for each Grantor.. Section 3.8

Appears in 1 contract

Samples: Credit Agreement (Midwest Holding Inc.)

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