Common use of Covenants Concerning Collateral, Etc Clause in Contracts

Covenants Concerning Collateral, Etc. The Company further covenants with the Lender as follows: (a) the Collateral, to the extent not delivered to the Lender pursuant to ss.4, will be kept at those locations listed on the Perfection Certificate and the Company will not remove the Collateral from such locations, without providing at least 30 days prior written notice to the Lender, (b) except for the security interest herein granted, the Company shall be the owner of the Collateral free from any right or claim of any other person or any lien, security interest or other encumbrance, and the Company shall defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to the Lender, (c) the Company shall not pledge, mortgage or create, or suffer to exist any right of any person in or claim by any person to the Collateral, or any security interest, lien or other encumbrance in the Collateral in favor of any person, other than the Lender, (d) the Company will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon, (e) the Company will permit the Lender, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the Company will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such Collateral or incurred in connection with this Agreement, (g) the Company will continue to operate its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (h) the Company will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for sales of inventory in the ordinary course of business.

Covenants Concerning Collateral, Etc. The Company further covenants with the Lender as follows: (a) the Collateral, to the extent not delivered to the Lender pursuant to ss.4§4, will be kept at those locations listed the Company’s address as set forth on the Perfection Certificate page 1, and the Company will not remove the Collateral from such locations, without providing at least 30 days prior written notice to the Lender, (b) except for the security interest herein granted, the Company shall be the owner of the Collateral free from any right or claim of any other person or any lien, security interest or other encumbrance, and the Company shall defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to the Lender, (c) the Company shall not pledge, mortgage or create, or suffer to exist any right of any person in or claim by any person to the Collateral, or any a security interest, lien or other encumbrance interest in the Collateral in favor of any person, person other than the Lender, (d) the Company will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon, (e) the Company will permit the Lender, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the Company will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such the Collateral or incurred in connection with this Agreement, (g) the Company will continue to operate operate, its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (h) the Company will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for sales of inventory in the ordinary course of businessbusiness so long as no Event of Default has occurred and is continuing.

Covenants Concerning Collateral, Etc. The Each Company further covenants with the Lender Lenders and the Collateral Agent as follows: (a) the Collateral, to the extent not delivered to the Lender Collateral Agent pursuant to ss.4'SS' 4, will be kept at those locations listed on the its Perfection Certificate and the such Company will not remove the Collateral from such locations, locations without providing at least 30 days prior written notice to the LenderCollateral Agent, (b) except for the security interest herein grantedgranted and Liens permitted by 'SS' 5.12 of the Credit Agreement and 'SS' 6G of each Note Agreement, the Company Companies shall be the owner owners of the Collateral free from any right or claim of any other person or any lien, security interest or other encumbrance, and the such Company shall defend the same against all claims and demands of all persons Persons at any time claiming the same or any interests therein adverse to the LenderCollateral Agent or any of the Lenders, (c) the such Company shall not pledge, mortgage or create, or suffer to exist any right of any person in or claim by any person to the Collateral, or any lien, security interest, lien interest or other encumbrance in the Collateral in favor of any personPerson, other than the LenderCollateral Agent, (d) the such Company will keep the Collateral in good order and repair (ordinary wear and tear excepted) and will not use the same in violation of law or any policy of insurance thereon, (e) the such Company will permit the LenderCollateral Agent, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the such Company will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such the Collateral or incurred in connection with this Agreement, (g) the such Company will continue to operate operate, its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (h) the such Company will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for sales of obsolete and worn-out equipment and inventory in the ordinary course of businessbusiness and other sales or dispositions expressly permitted under the Credit Agreement and the Note Agreements, and (i) such Company will not file any amendment to or termination of any Uniform Commercial Code financing statement naming any Company as debtor and the Collateral Agent as secured party. In addition, each Company hereby further covenants and agrees that no such Person shall enter into any agreement, instrument or other undertaking which creates, incurs, assumes or suffers to exist a Lien on all or any portion of the Excluded Assets.

Covenants Concerning Collateral, Etc. The Each Company further covenants with the Lender Lenders and the Administrative Agent as follows: (a) the Collateral, to the extent not delivered to the Lender Administrative Agent pursuant to ss.4Section 4 or the Revolving Credit Agent pursuant to the terms of the Revolving Loan Documents, will be kept at those locations listed on the its Perfection Certificate and the such Company will not remove the Collateral from such locations, locations without providing at least 30 days prior written notice to the LenderAdministrative Agent, (b) except for the security interest herein grantedgranted and Liens permitted by Section 8.3 of the Credit Agreement, the Company Companies shall be the owner owners of the Collateral free from any right or claim of any other person or any lien, security interest or other encumbrance, and the such Company shall defend the same against all claims and demands of all persons Persons at any time claiming the same or any interests therein adverse to the LenderAdministrative Agent or any of the Lenders, (c) the such Company shall not pledge, mortgage or create, or suffer to exist any right of any person in or claim by any person to the Collateral, or any lien, security interest, lien interest or other encumbrance in the Collateral in favor of any person, or become bound (as provided in Section 9 203(d) of the Uniform Commercial Code of the State or any other relevant jurisdiction or otherwise) by a security agreement in favor of any person as secured party, other than the LenderAdministrative Agent except for Liens permitted by the Credit Agreement, (d) the such Company will keep the Collateral in good order and repair (ordinary wear and tear excepted) and will not use the same in violation of law or any policy of insurance thereon, (e) as provided in the Credit Agreement, such Company will permit the LenderAdministrative Agent, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the such Company will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such the Collateral or incurred in connection with this Agreement, (g) the such Company will continue to operate operate, its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (h) the such Company will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for sales or other dispositions expressly permitted under the Credit Agreement, and (i) such Company will not file any amendment to or termination of inventory in any Uniform Commercial Code financing statement naming such Company as debtor and the ordinary course of businessAdministrative Agent as secured party.

Covenants Concerning Collateral, Etc. The Each Company further covenants with the Lender Administrative Agent and the Lenders as follows: (a) the Collateral, to the extent not delivered to the Lender Administrative Agent pursuant to ss.4(S)4, will be kept at those locations listed on the Perfection Certificate and the Company will not remove the Collateral from such locations, without providing at least 30 thirty (30) days prior written notice to the LenderAdministrative Agent unless such Collateral is removed to another location in which the Administrative Agent has a perfected security interest, (b) except for the security interest herein grantedgranted and Permitted Liens, the such Company shall be the owner of or have other rights in the Collateral free from any right or claim of any other person or any lien, security interest or other encumbranceLien, and the such Company shall defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to the Administrative Agent or any Lender, (c) the such Company shall not pledge, mortgage or create, or suffer to exist any right of any person in or claim by any person to the Collateral, or any security interest, lien or other encumbrance Lien in the Collateral in favor of any person, other than the LenderAdministrative Agent, other than Permitted Liens, (d) the such Company will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect, (e) the such Company will permit the LenderAdministrative Agent, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the such Company will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such the Collateral or incurred in connection with this Agreement, except as permitted by (S)8.8 of the Credit Agreement, (g) the such Company has at all times operated and will continue to operate operate, its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, except where the failure to do so would not have a Material Adverse Effect and (h) the such Company will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for sales dispositions permitted by (S)9.6 of inventory in the ordinary course of businessCredit Agreement.