Common use of Landlord Waivers; Collateral Access Agreements Clause in Contracts

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property located in the United States occupied or operated by a Loan Party (whether such real property is now existing or acquired after the Effective Date) which is not owned by a Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance satisfactory to the Agents, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent may, in its reasonable discretion, establish such Reserves as it deems necessary with respect to any such Collateral; and

Appears in 3 contracts

Samples: Financing Agreement (Motorcar Parts America Inc), Financing Agreement (Motorcar Parts America Inc), Financing Agreement (Motorcar Parts America Inc)

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Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property located in the United States occupied or operated by of a Loan Party (whether such real property is now existing owned or is acquired after the Effective Date) which is not owned by a Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the AgentsCollateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral; provided, Collateral (it being understood that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent mayshall, in at the direction of the Collateral Agent using its reasonable discretion, establish such Reserves reserves against Availability as it the Collateral Agent deems necessary with respect to any such Collateral); and

Appears in 1 contract

Samples: Financing Agreement (Aaipharma Inc)

Landlord Waivers; Collateral Access Agreements. (i2) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property located in the United States occupied or operated by a Loan Party (whether such real property is now existing or acquired after the Effective Date) which is not owned by a Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance satisfactory to the Agents, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent may, in its reasonable discretion, establish such Reserves as it deems necessary with respect to any such Collateral; and

Appears in 1 contract

Samples: Financing Agreement (Motorcar Parts America Inc)

Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property located in the United States occupied or operated by of a Loan Party (whether such real property is now existing owned or is acquired after the Interim Facility Effective Date) which is not owned by a Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the AgentsCollateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral; provided, Collateral (it being understood that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent mayshall, in at the direction of the Collateral Agent using its reasonable discretion, establish such Reserves reserves against Availability as it the Collateral Agent deems necessary with respect to any such Collateral); and

Appears in 1 contract

Samples: Financing Agreement (Aaipharma Inc)

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Landlord Waivers; Collateral Access Agreements. (i) At any time any Collateral with a book value in excess of $250,000 (when aggregated with all other Collateral at the same location) is located on any real property located in of the United States occupied Borrower or operated by a any other Loan Party (whether such real property is now existing or acquired after the Effective Date) which is not owned by a any Loan Party, use commercially reasonable efforts to obtain written subordinations or waivers, in form and substance reasonably satisfactory to the AgentsCollateral Agent, of all present and future Liens to which the owner or lessor of such premises may be entitled to assert against the Collateral; provided, that in the event the Loan Parties are unable to obtain any such written subordination or waiver the Administrative Agent may, in its reasonable discretion, establish such Reserves reserves as it deems necessary with respect to any such Collateral; and

Appears in 1 contract

Samples: Financing Agreement (Elgar Holdings Inc)

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