Common use of Loss of Collateral Clause in Contracts

Loss of Collateral. Any portion of the Collateral (excluding any portion of the Collateral that is immaterial) is damaged, seized or appropriated; provided that such an occurrence shall not constitute an Event of Default if the Borrower repairs, replaces, rebuilds or refurbishes such damaged, seized or appropriated Collateral (i) in accordance with Section 8.01 (Insurance and Condemnation Proceeds), or (ii) otherwise with the approval of the Required Lenders, in consultation with the Independent Engineer (provided that such approval is obtained within sixty (60) days thereof).

Appears in 2 contracts

Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Renewable Energy Group, Inc.)

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Loss of Collateral. Any portion of the Collateral (excluding any other than a portion of the Collateral that is immaterial) is damaged, seized or appropriated; provided that such an occurrence shall not constitute an Event of Default if the Borrower repairs, replaces, rebuilds or refurbishes such damaged, seized or appropriated Collateral (i) in accordance with Section 8.01 (Insurance and Condemnation Proceeds)12.01(d) of the Accounts Agreement, or (ii) otherwise with the approval of the Required Lenders, in consultation with the Independent Engineer (provided that such approval is obtained within sixty (60) days thereof).

Appears in 2 contracts

Samples: Blocked Account Agreement (First United Ethanol LLC), Senior Credit Agreement (Advanced BioEnergy, LLC)

Loss of Collateral. Any portion of the Collateral (excluding any other than a portion of the Collateral that is immaterial) is damaged, seized or appropriated; provided that such an occurrence shall not constitute an Event of Default if the Borrower repairs, replaces, rebuilds or refurbishes such damaged, seized or appropriated Collateral (i) in accordance with Section 8.01 8.10 (Insurance and Condemnation ProceedsProceeds Account), or (ii) otherwise with the approval of the Required Lenders, in consultation with the Independent Engineer (provided that such approval is obtained within sixty (60) days thereof).

Appears in 1 contract

Samples: Credit Agreement (Nova Biosource Fuels, Inc.)

Loss of Collateral. Any portion of the Lessee Collateral (but excluding any portion of the Lessee Collateral that is immaterial) is damaged, seized or appropriated; provided that such an occurrence shall not constitute an Event of Default if the Borrower Lessee repairs, replaces, rebuilds or refurbishes such damaged, seized or appropriated Lessee Collateral (i) in accordance with Section 8.01 (Insurance and Condemnation Proceeds)Article XI, or (ii) otherwise with the approval of the Required LendersLandlord, in consultation with the Independent Engineer (provided that such approval is obtained within sixty (60) days thereof).

Appears in 1 contract

Samples: Lease Agreement (Renewable Energy Group, Inc.)

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Loss of Collateral. Any portion of the Collateral (excluding any other than a portion of the Collateral that is immaterial) is damaged, seized or appropriated; provided that such an occurrence shall not constitute an Event of Default if the Borrower repairs, replaces, rebuilds or refurbishes such damaged, seized or appropriated Collateral (i) in accordance with Section 8.01 (Insurance and Condemnation Proceeds)9.01(d) of the Accounts Agreement, or (ii) otherwise with the approval of the Required Lenders, in consultation with the Independent Engineer (provided that such approval is obtained within sixty (60) days thereof).

Appears in 1 contract

Samples: Senior Credit Agreement (Advanced BioEnergy, LLC)

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