Common use of Equipment and Real Property Covenants Clause in Contracts

Equipment and Real Property Covenants. With respect to the Equipment and Real Property: (a) upon Secured Party’s request, each Debtor shall, at its expense, no more than one (1) time in any twelve (12) month period, but at any time or times as Secured Party may request on or after an Event of Default, deliver or cause to be delivered to Secured Party written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Secured Party and by an appraiser acceptable to Secured Party, addressed to Secured Party and upon which Secured Party is expressly permitted to rely; (b) each Debtor shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) each Debtor shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws; (d) the Equipment is and shall be used in each Debtor’s business and not for personal, family, household or farming use; (e) each Debtor shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of such Debtor or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of such Debtor in the ordinary course of business; (f) the Equipment is now and shall remain personal property and each Debtor shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) each Debtor assumes all responsibility and liability arising from the use of the Equipment and Real Property.

Appears in 2 contracts

Samples: General Security Agreement (SMTC Corp), General Security Agreement (SMTC Corp)

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Equipment and Real Property Covenants. With respect to the Equipment and Real Property: (a) upon Secured PartyLender’s request, each Debtor Borrower shall, at its expense, no more than one (1) time once in any twelve (12) month period, but at any time or times as Secured Party Lender may request on or after an Event of Default, deliver or cause to be delivered to Secured Party Lender written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Secured Party Lender and by an appraiser acceptable to Secured PartyLender, addressed to Secured Party Lender and upon which Secured Party Lender is expressly permitted to rely; (b) each Debtor Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) each Debtor Borrower shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards the requirement of any the insurance maintained by Borrower with the respect thereto and in conformity with all applicable laws; (d) the Equipment is and shall be used in each DebtorBorrower’s business and not for personal, family, household or farming use; (e) each Debtor Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of such Debtor Borrower or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of such Debtor Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and each Debtor Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) each Debtor Borrower assumes all responsibility and liability arising from the use of the Equipment and Real Property.

Appears in 1 contract

Samples: Loan and Security Agreement (Inverness Medical Innovations Inc)

Equipment and Real Property Covenants. With respect to the Equipment and Real Property: (a) upon Secured Party’s Lender's request, each Debtor Borrower shall, at its expense, no more than one (1) time once in any twelve (12) month period, but at any time or times as Secured Party Lender may request on or after an Event of Default, deliver or cause to be delivered to Secured Party Lender written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Secured Party Lender and by an appraiser acceptable to Secured PartyLender, addressed to Secured Party Lender and upon which Secured Party Lender is expressly permitted to rely; (b) each Debtor Borrower shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) each Debtor Borrower shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards the requirement of any the insurance maintained by Borrower with the respect thereto and in conformity with all applicable laws; (d) the Equipment is and shall be used in each Debtor’s Borrower's business and not for personal, family, household or farming use; (e) each Debtor Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of such Debtor Borrower or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of such Debtor Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and each Debtor Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) each Debtor Borrower assumes all responsibility and liability arising from the use of the Equipment and Real Property.

Appears in 1 contract

Samples: Loan and Security Agreement (Ivc Industries Inc)

Equipment and Real Property Covenants. With respect to the Equipment and Real Property: (a) upon Secured Party’s Agent's request, each Debtor Borrowers shall, at its their expense, no more than one (1) time once in any twelve (12) month period, but at any time or times as Secured Party Agent may request on or after at any time an Event of DefaultDefault exists or has occurred and is continuing, deliver or cause to be delivered to Secured Party Agent written appraisals (or updates of appraisals) as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Secured Party Agent and by an appraiser acceptable to Secured PartyAgent, addressed to Secured Party Agent and upon which Secured Party Agent is expressly permitted to rely; (b) each Debtor Borrowers shall keep the Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) each Debtor Borrowers shall use the Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in material conformity with all applicable laws; (d) the Equipment is and shall be used in each Debtor’s the business of Borrowers and not for personal, family, household or farming use; (e) each Debtor Borrowers shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the its business of such Debtor or to move Equipment directly from one location set forth or permitted herein to another such location and except for the movement of motor vehicles used by or for the benefit of such Debtor Borrower in the ordinary course of business; (f) the Equipment is now and shall remain personal property and each Debtor Borrowers shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) each Debtor Borrower assumes all responsibility and liability arising from the its use of the Equipment and Real Property.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexington Precision Corp)

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Equipment and Real Property Covenants. With respect to the ------------------------------------- Equipment and Real Property, if any: (a) upon Secured Party’s 's request, each Debtor Guarantor shall, at its expense, no more than one (1) time once in any twelve (12) month period, but at any time or times as Secured Party may request on or after an Event of Default, deliver or cause to be delivered to Secured Party written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Secured Party and by an appraiser acceptable to Secured Party, addressed to Secured Party Party, and upon which Secured Party is expressly permitted to rely; (b) each Debtor Guarantor shall keep the its Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) each Debtor Guarantor shall use the its Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity in all material respects with all applicable laws; (d) the Equipment is and shall be used in each Debtor’s Guarantor's business and not for personal, family, household or farming use; (e) each Debtor Guarantor shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of such Debtor Guarantor or to move Equipment directly from one location set forth or permitted herein under the Loan Agreement to another such location and except for the movement of motor vehicles used by or for the benefit of such Debtor in the ordinary course of businesslocation; (f) the Equipment is now and shall remain personal property and each Debtor Guarantor shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) each Debtor Guarantor assumes all responsibility and liability arising from the use of the Equipment and Real Property.

Appears in 1 contract

Samples: General Security Agreement (RBX Corp)

Equipment and Real Property Covenants. With respect to the Equipment and Real Property, if any: (a) upon Secured Party’s 's request, each Debtor Borrower shall, at its expense, no more than one (1) time once in any twelve (12) month period, but at any time or times as Secured Party may request on or after an Event of Default, deliver or cause to be delivered to Secured Party written appraisals as to the Equipment and/or the Real Property in form, scope and methodology acceptable to Secured Party and by an appraiser acceptable to Secured Party, addressed to Secured Party Party, and upon which Secured Party is expressly permitted to rely; (b) each Debtor Borrower shall keep the its Equipment in good order, repair, running and marketable condition (ordinary wear and tear excepted); (c) each Debtor Borrower shall use the its Equipment and Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity in all material respects with all applicable laws; (d) the Equipment is and shall be used in each Debtor’s Borrower's business and not for personal, family, household or farming use; (e) each Debtor Borrower shall not remove any Equipment from the locations set forth or permitted herein, except to the extent necessary to have any Equipment repaired or maintained in the ordinary course of the business of such Debtor Borrower or to move Equipment directly from one location set forth or permitted herein under the Loan Agreement to another such location and except for the movement of motor vehicles used by or for the benefit of such Debtor in the ordinary course of businesslocation; (f) the Equipment is now and shall remain personal property and each Debtor Borrower shall not permit any of the Equipment to be or become a part of or affixed to real property; and (g) each Debtor Borrower assumes all responsibility and liability arising from the use of the Equipment and Real Property.

Appears in 1 contract

Samples: General Security Agreement (RBX Corp)

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