Landlord and Warehouseman Waivers. The Borrower shall use its commercially reasonable efforts to deliver to the Administrative Agent waivers or subordinations of contractual and statutory landlord’s, landlord’s mortgagee’s and warehouseman’s Liens in form and substance reasonably satisfactory to the Administrative Agent under each existing lease, warehouse agreement or similar agreement to which the Borrower or any Subsidiary is a party; provided that such waivers or subordinations will in any event be incorporated when the existing lease, warehouse agreement or similar agreement is amended, renewed or extended and the Borrower will obtain waivers of both contractual and statutory landlord’s, landlord’s mortgagee’s and warehouseman’s Liens in form and substance reasonably satisfactory to the Administrative Agent in connection with each new lease, warehouse agreement or similar agreement entered into by the Borrower or any Subsidiary.
Landlord and Warehouseman Waivers. Each Company shall use its best efforts to (i) deliver to the Agent waivers of contractual and statutory landlord's, landlord's mortgagee's and warehouseman's Liens in form and substance satisfactory to the Agent under each existing lease, warehouse agreement or similar agreement (other than leases with respect to retail mall locations) to which such Company or any of its Subsidiaries is a party and (ii) incorporate such waivers when the existing lease, warehouse agreement or similar agreement (other than leases with respect to retail mall locations) is amended, renewed or extended; provided that such Company will obtain waivers of both contractual and statutory landlord's, landlord's mortgagee's and warehouseman's Liens in form and substance satisfactory to the Agent in connection with each new lease, warehouse agreement or similar agreement (other than leases with respect to retail mall locations) entered into by such Company or any of its Subsidiaries. Without limiting the obligations of such Company under this Section 7.17, it is understood and agreed that any Inventory that is subject to a landlord's, landlord's mortgagee's or warehouseman's Lien or any other Lien not created by the Security Documents shall not be included in Eligible Inventories.
Landlord and Warehouseman Waivers. 30 10.26. COMPLIANCE WITH MATERIAL AGREEMENTS........................30 10.27.
Landlord and Warehouseman Waivers. Unless expressly waived by Secured Party in writing, Debtor shall use its best efforts to obtain from each landlord from whom Debtor leases property, and the owner of each warehouse in which Collateral is stored, a waiver or disclaimer of any interest in, and an agreement to permit the removal of, all personal property Collateral; provided, however, if Debtor does not obtain such waiver, disclaimer, and agreement within sixty (60) days of the date hereof with respect to such Collateral, such Collateral shall be excluded from the Borrowing Capacity.
Landlord and Warehouseman Waivers. Upon the request of the Agent, the Company shall use its best efforts to deliver to the Agent waivers of contractual and statutory landlord's, landlord's mortgagee's and warehouseman's Liens in form and substance satisfactory to the Agent under each existing lease, warehouse agreement or similar agreement to which the Company or any Subsidiary is a party; provided that such waivers will in any event be incorporated when the existing lease, warehouse agreement or similar agreement is amended, renewed or extended and the Company will obtain waivers of both contractual and statutory landlord's, landlord's mortgagee's and warehouseman's Liens in form and substance satisfactory to the Agent in connection with each new lease, warehouse agreement or similar agreement entered into by the Company or any Subsidiary.
Landlord and Warehouseman Waivers. The Credit Parties shall deliver to the Administrative Agent waivers of contractual and statutory landlord’s, mortgagee’s or warehouseman’s Liens in form and substance reasonably satisfactory to the Administrative Agent under each lease, mortgage, warehouse agreement or similar agreement to which any Credit Party is a party.
Landlord and Warehouseman Waivers. Upon the request of the Lender, each Grantor shall deliver to the Lender waivers of contractual and statutory landlord's, landlord's mortgagee's and warehouseman's Liens in form and substance satisfactory to the Lender under each lease, warehouse agreement or similar agreement to which such Grantor is a party. If any Collateral is at any time in the possession or control of any warehouseman, bailee or any of the agents or processors of any Grantor, such Grantor shall notify such warehouseman, bailee, agent or processor of the security interests created hereby and to hold all such Collateral for the Lender's account subject to the Lender's instructions.
Landlord and Warehouseman Waivers. The Issuer shall use its best efforts to deliver to the Collateral Agent waivers of contractual and statutory landlord's, mortgagee's and warehouseman's Liens in form and substance satisfactory to the Collateral Agent under each existing lease, warehouse agreement or similar agreement to which any Obligor is a party; provided that such waivers will in any event be incorporated when the existing lease, warehouse agreement or similar agreement is amended, renewed or extended and the Obligors will obtain waivers of both contractual and statutory landlord's, mortgagee's and warehouseman's Liens in form and substance satisfactory to the Collateral Agent in connection with each new lease, warehouse agreement or similar agreement entered into by any Obligor.
Landlord and Warehouseman Waivers. The Company shall use its reasonable best efforts to deliver to the Agent waivers of contractual and statutory landlord's, landlord's mortgagee's and warehouseman's Liens in form and substance satisfactory to the Agent under each existing lease, warehouse agreement or similar agreement to which the company or any Subsidiary is a party; provided that the Company will use its reasonable best efforts to assure that such waivers will be incorporated when the existing lease, warehouse agreement or similar agreement is amended, renewed or extended and the Company will use its reasonable best efforts to obtain waivers of both contractual and statutory landlord's, landlord's mortgagee's and warehouseman's Liens in form and substance satisfactory to the Agent in connection with each new lease, warehouse agreement or similar agreement entered into by the Company or any Subsidiary. Without limiting the obligations of the Company under this Section 7.13, it is understood and agreed that any Inventory that is subject to a landlord's, landlord's mortgagee's or warehouseman's Lien or any other Lien not created by the Security Documents shall not be included in Eligible Inventory.
Landlord and Warehouseman Waivers. The Credit Parties shall deliver to the Agent waivers of contractual and statutory landlord’s, mortgagee’s or warehouseman’s Liens in form and substance reasonably satisfactory to the Agent under each lease, mortgage, warehouse agreement or similar agreement to which any Credit Party is a party; provided that the Credit Parties shall not be required to deliver to Agent a landlord waiver for any leased location if each of the following conditions are met with respect to such leased locations: (a) no books or records related to any of the Credit Parties’ Accounts or other Collateral are located at such location; (b) such leased location is not the chief executive office of any Credit Party; and (c) the aggregate value of all Inventory located at such leased location (valued at the greater of cost or market value) does not exceed $100,000. If at any time, such leased location fails to satisfy any of the foregoing conditions in clauses (a), (b) or (c) then, Holdings shall, or shall cause the applicable Credit Party lessee as the case may be, to use its best efforts to obtain a landlord waiver in form and substance reasonably satisfactory to Agent. So long as Borrowers have used their best efforts to obtain such required landlord waiver agreements, the failure of any Borrower to timely deliver any such landlord waiver agreement pursuant to the immediately preceding sentence shall not constitute a Default or Event of Default, but shall entitle Agent to impose a Reserve against the Borrowing Base for purposes of determining Borrowing Availability in an amount equal to three times the monthly rent under any such lease, and once so Reserved, the Inventory located at such leased location shall not be excluded from Eligible Inventory based on the failure to obtain such landlord waiver agreement, but shall remain subject to any other basis for exclusion hereunder. Without limiting the foregoing, Agent shall establish a Reserve against Eligible Accounts and Eligible Inventory in an amount equal to at least 3 months’ rent for any leased location where a landlord waiver in form and substance reasonably satisfactory to Agent has not been obtained, irrespective of whether or not such landlord waiver is required to be obtained by any of the Credit Parties pursuant to this Section 6.12.
