Number and Location. The approximate number and location of the borings required are shown on the attached Work Plan. The Inspector will establish the exact locations of borings in the field.
Number and Location. The Borrower hereby represents and warrants to the Administrative Agent and the Lenders that, on the date of the Borrowing set forth herein, the conditions to lending specified in paragraphs (c) and (d) of Section 4.02 of the Credit Agreement shall have been satisfied. ROTECH HEALTHCARE INC., By: Name: Title: EXECUTION VERSION EXHIBIT D [FORM OF] COLLATERAL AGREEMENT made among ROTECH HEALTHCARE INC., THE SUBSIDIARY GRANTORS and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Collateral Agent, Dated as of [_____], 201[_], as amended and restated as of [____], 201[_] and as further amended and restated as of [_____], 201[_] TABLE OF CONTENTS Page SECTION 1. DEFINED TERMS 1 1.1 Definitions 1 1.2 Other Definitional Provisions 10 SECTION 2. RESERVED 10 SECTION 3. GRANT OF SECURITY INTEREST 10 SECTION 4. REPRESENTATIONS AND WARRANTIES 12 4.1 Representations in the Purchase Agreement and the Term Loan Agreement 12 4.2 Title; No Other Liens 13 4.3 Perfected First Priority Liens 13 4.4 Power and Authority 13 4.5 Third-Party Approval 13 4.6 Jurisdiction of Organization; Chief Executive Office 14 4.7 Farm Products 14 4.8 Investment Property 14 4.9 Receivables 15 4.10 Intellectual Property 15 4.11 Inventory and Equipment 15
Number and Location. The total number of parking spaces in the Building is twenty-seven (27), all of which are covered. The forty-four (44) additional parking spaces to which access by easement has been granted to the Residential or Commercial Unit Owners are located on Levels 1 (commercial) and P1 (residential) of the Trace North Garage. The boundaries of said parking spaces are defined by the walls or interiors of the striping enclosing them. There are forty-two (42) Storage Lockers in the Condominium. The boundaries of the Storage Lockers are defined by the walls thereof. All of the parking spaces in the Building and twenty (20) of the parking spaces in the southwest corner of Level P1 of the Trace North Garage are Residential Parking Spaces and all of the Storage Lockers are Residential Limited Common Elements. The remaining twenty-two (22) parking spaces located on Level 1 of the Trace North Garage that are subject to the aforementioned easement are Commercial Limited Common Elements. The identifying numbers and locations of the parking spaces and Storage Lockers are shown on the Survey Map and Plans.
