New Collateral Locations. Borrower may open any new location within the continental United States provided Borrower (a) gives Lender thirty (30) days prior written notice of the intended opening of any such new location and (b) executes and delivers, or causes to be executed and delivered, to Lender such agreements, documents, and instruments as Lender may deem reasonably necessary or desirable to protect its interests in the Collateral at such location, including, without limitation, UCC financing statements and, if Borrower leases such new location, provides a favorable landlord waiver or subordination, or, in the alternative, Lender may apply an Availability Reserve in an amount equal to three (3) months gross rent in a manner consistent with the Availability Reserve established to cover rent as defined in Section 1.4 hereof.
Appears in 2 contracts
Sources: Loan and Security Agreement (La Gear Inc), Loan Agreement (Consolidated Capital of North America Inc)
New Collateral Locations. Borrower may open any new location within the continental United States provided Borrower (a) gives Lender thirty (30) days prior written notice of the intended opening of any such new location and (bc) executes and delivers, or causes to be executed and delivered, to Lender such agreements, documents, and instruments as Lender may deem reasonably necessary or desirable to protect its interests in the Collateral at such location, including, without limitation, UCC financing statements and, if Borrower leases such new location, provides a favorable landlord waiver or subordination, or, in the alternative, Lender may apply an Availability Reserve in an amount equal to three (3) months gross rent in a manner consistent with the Availability Reserve established to cover rent as defined in Section 1.4 1.5 hereof.
Appears in 1 contract
Sources: Loan and Security Agreement (Microtel International Inc)
New Collateral Locations. Borrower may open any new location within the continental United States provided Borrower (a) gives Lender thirty (30) days prior written notice of the intended opening of any such new location location, and (b) executes and delivers, or causes to be executed and delivered, to Lender such agreements, documents, and instruments as Lender may deem reasonably necessary or desirable to protect its interests in the Collateral at such location, including, without limitation, UCC financing statements and, if Borrower leases such new location, provides a favorable landlord waiver or subordination, or, in the alternative, Lender may apply an Availability Reserve in an amount equal to three two (32) months gross rent in a manner consistent with the Availability Reserve established to cover rent tent as defined in Section 1.4 1.5 hereof.
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New Collateral Locations. Borrower may open any new location within the continental United States provided Borrower (a) gives Lender thirty forty-five (3045) days prior written notice of the intended opening of any such new location location, and (b) executes and delivers, or causes to be executed and delivered, to Lender such agreements, documents, and instruments as Lender may deem reasonably necessary or desirable to protect its interests in the Collateral at such location, including, without limitation, UCC financing statements and, if Borrower leases such new location, provides uses its best efforts to provide a favorable landlord waiver or subordinationsubordination in form and substance reasonably satisfactory to Lender, or, in the alternative, Lender may apply an Availability Reserve in an amount equal to three (3) months gross rent Reserve, all in a manner consistent with the Availability Reserve established to cover rent as defined in Section 1.4 hereof.
Appears in 1 contract
New Collateral Locations. Borrower may open any new location within the continental United States provided Borrower (a) gives Lender thirty (30) days prior written notice of the intended opening of any such new location location, and (b) executes and delivers, or causes to be executed and delivered, to Lender such agreements, documents, and instruments as Lender may deem reasonably necessary or desirable to protect its interests in the Collateral at such location, including, without limitation, UCC financing statements and, if Borrower leases such new location, provides a favorable landlord waiver or subordination, or, in the alternative, Lender may apply an Availability Reserve in an amount equal to three two (32) months gross rent in a manner consistent with the Availability Reserve established to cover rent as defined in Section 1.4 1.5 hereof.
Appears in 1 contract
Sources: Loan and Security Agreement (Wherehouse Entertainment Inc)