Common use of Occupation of Business Location Clause in Contracts

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 4 contracts

Samples: Agreement (Right Start Inc /Ca), Loan and Security Agreement (Paper Warehouse Inc), Loan and Security Agreement (Great Train Store Co)

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Occupation of Business Location. In connection with the Lender's ’s exercise of the Lender's ’s rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's ’s taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's ’s employees and utilities) incurred in connection with the Lender's ’s exercise of the Lender's ’s Rights and Remedies, except for such charges which are incurred as a result of the Lender’s gross negligence or willful misconduct.

Appears in 3 contracts

Samples: Loan and Security Agreement (Aeropostale Inc), Loan and Security Agreement (Aeropostale Inc), Loan and Security Agreement (Aeropostale Inc)

Occupation of Business Location. In connection with the Lender's ------------------------------- exercise of the Lender's rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sunbelt Nursery Group Inc), Number Nine Visual Technology Corp

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the LenderLender . The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 2 contracts

Samples: Loan and Security Agreement (Harvey Electronics Inc), Loan and Security Agreement (Iparty Corp)

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies. 11.5.

Appears in 1 contract

Samples: Agreement (Golf Galaxy, Inc.)

Occupation of Business Location. In connection with the Lender's ------------------------------- exercise of the Lender's rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the LenderLender . The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (National Home Centers Inc)

Occupation of Business Location. In connection with the Lender's ------------------------------ exercise of the Lender's rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunbelt Nursery Group Inc)

Occupation of Business Location. In connection with the Lender's ’s exercise of the Lender's ’s rights under this Article 1111 upon the occurrence and during the continuance of an Event of Default, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's ’s taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's ’s employees and utilities) incurred in connection with the Lender's ’s exercise of the Lender's ’s Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Redenvelope Inc)

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 11Article, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11Article, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Big Entertainment Inc

Occupation of Business Location. In connection with the Lender's ’s exercise of the Lender's ’s rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the BorrowerBorrowers, and may exclude the Borrower Borrowers from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's ’s taking possession thereof, and may render any Collateral unusable to the BorrowerBorrowers. In no event shall the Lender be liable to the Borrower Borrowers for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's Borrowers’ employees and utilities) incurred in connection with the Lender's ’s exercise of the Lender's ’s Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Iparty Corp)

Occupation of Business Location. In connection with the Lender's ’s exercise of the Lender's ’s rights under this Article 116, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrowerany Guarantor, and may exclude the Borrower Guarantors from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's ’s taking possession thereof, and may render any Collateral unusable to the BorrowerGuarantors. In no event shall the Lender be liable to the Borrower any Guarantor for use or occupancy by the Lender of any premises pursuant to this Article 116, nor for any charge (such as wages for the Borrower's Guarantor’s employees and utilities) incurred in connection with the Lender's ’s exercise of the Lender's ’s Rights and Remedies., except for such charges which are incurred as a result of the Lender’s gross negligence or willful misconduct

Appears in 1 contract

Samples: Security Agreement (Aeropostale Inc)

Occupation of Business Location. In connection with the Lender's ------------------------------- exercise of the Lender's rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the BorrowerBorrowers, and may exclude the Borrower Borrowers from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the BorrowerBorrowers. In no event shall the Lender be liable to the Borrower Borrowers for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's Borrowers' employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies. 11.4.

Appears in 1 contract

Samples: Modification Agreement (Video City Inc)

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 1110, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 1110, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Agreement (Gadzooks Inc)

Occupation of Business Location. In connection with the Lender's ’s exercise of the Lender's ’s rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the any Borrower, and may exclude the any Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the LenderLender . The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's ’s taking possession thereof, and may render any Collateral unusable to the BorrowerBorrowers. In no event shall the Lender be liable to the Borrower Borrowers for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's Borrowers’ employees and utilities) incurred in connection with the Lender's ’s exercise of the Lender's ’s Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Paper Warehouse Inc)

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Occupation of Business Location. In connection with the Lender's ’s exercise of the Lender's ’s rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's ’s taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's ’s employees and utilities) incurred in connection with the Lender's ’s exercise of the Lender's ’s Rights and Remedies., except for such charges which are incurred as a result of the Lender’s gross negligence or willful misconduct. -68-

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

Occupation of Business Location. In connection with the Lender's ’s exercise of the Lender's ’s rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the any Borrower, and may exclude the such Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's ’s taking possession thereof, and may render any Collateral unusable to the any Borrower. In no event shall the Lender be liable to the any Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the any Borrower's ’s employees and utilities) incurred in connection with the Lender's ’s exercise of the Lender's ’s Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Dreams Inc)

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 119, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 116, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Agreement (Gadzooks Inc)

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 11Article, the Lender may enter upon, occupy, and use any premises owned or occupied by the any Principal Borrower, and may exclude the each Principal Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the each Principal Borrower. In no event shall the Lender be liable to the any Principal Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11Article, nor for any charge (such as wages for the any Principal Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Polymedica Corp)

Occupation of Business Location. In connection with the ------------------------------- Lender's exercise of the Lender's rights under this Article 11Article, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11Article, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Seachange International Inc)

Occupation of Business Location. In connection with the Lender's ’s exercise of the Lender's ’s rights under this Article 11, 11 — the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's ’s taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 1111 -, nor for any charge (such as wages for the Borrower's ’s employees and utilities) incurred in connection with the Lender's ’s exercise of the Lender's ’s Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 1111 upon the occurrence and during the continuance of an Event of Default, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluefly Inc)

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 11, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies, except for such charges which are incurred as a result of the Lender's gross negligence or willful misconduct.

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

Occupation of Business Location. In connection with the Lender's exercise of the Lender's rights under this Article 11:, the Lender may enter upon, occupy, and use any premises owned or occupied by the Borrower, and may exclude the Borrower from such premises or portion thereof as may have been so entered upon, occupied, or used by the Lender. The Lender shall not be required to remove any of the Collateral from any such premises upon the Lender's taking possession thereof, and may render any Collateral unusable to the Borrower. In no event shall the Lender be liable to the Borrower for use or occupancy by the Lender of any premises pursuant to this Article 11:, nor for any charge (such as wages for the Borrower's employees and utilities) incurred in connection with the Lender's exercise of the Lender's Rights and Remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

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