Common use of TRADE STYLES Clause in Contracts

TRADE STYLES. Except as may be set forth on Exhibit "A" -------------- ----------- attached hereto, Borrower uses no trade names or trade styles in its business operations (herein, "Trade Styles"), and Borrower covenants with Lender not to ------------ use any Trade Styles in its business operations hereafter, except as so specified on Exhibit "A" prior to having given Lender at least thirty (30) days ---------- prior written notice thereof. In any event, to the extent that, now or hereafter, Borrower uses any Trade Styles, Borrower hereby certifies and agrees with Lender that: (i) all of the accounts receivable and proceeds thereof arising out of sales under the Trade Styles shall be the property of, and belong to, Borrower and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which Borrower identifies and sells certain of its products or services and under which it may conduct a portion of its business; (iii) all accounts receivable, proceeds thereof, and returned merchandise which arise from the sale of products invoiced under the names of any of the Trade Styles shall be owned solely by Borrower and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) Borrower hereby appoints Lender as its attorney-in-fact to file such certificates disclosing Borrower's use of the Trade Styles and to take such other actions on its behalf as are necessary to comply with the statutes of any states relating to the use of fictitious or assumed business names, to the extent that Borrower fails to do so.

Appears in 2 contracts

Samples: Loan and Security Agreement (Concurrent Computer Corp/De), Loan and Security Agreement (Concurrent Computer Corp/De)

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TRADE STYLES. Except as may be set forth on Exhibit "A" -------------- ----------- attached heretothe Collateral Disclosure Certificate, neither the Borrower nor any Subsidiary uses no trade names or trade styles in its business operations (herein, "Trade Styles")) in their business operations and warrant that the same shall continue, and Borrower covenants with Lender not to ------------ use except for any additional Trade Styles in its business operations hereafter, except as so specified on Exhibit "A" prior after the date hereof with respect to having which the Borrower has given Lender the Collateral Agent at least thirty (30) days ---------- prior written notice thereof. In any event, to the extent that, now or hereafter, the Borrower uses any Trade Styles, the Borrower hereby certifies represents and agrees with Lender warrants in favor of the Collateral Agent that: (i) all of the accounts receivable and proceeds thereof with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, the Borrower and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which the Borrower identifies and sells certain of its their products or services and under which it they may conduct a portion of its their business; (iii) all accounts receivable, proceeds thereof, and returned merchandise which arise from the sale of products invoiced under the names of any of the Trade Styles shall be owned solely by the Borrower and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) the Borrower hereby appoints Lender the Collateral Agent as its attorney-in-fact to file such certificates disclosing the Borrower's use of the Trade Styles and to take such other actions on its behalf as are necessary to comply with the statutes of any states relating to the use of fictitious or assumed business names, to the extent that the Borrower fails to do so.

Appears in 2 contracts

Samples: Credit and Security Agreement (Thomaston Mills Inc), Credit and Security Agreement (Thomaston Mills Inc)

TRADE STYLES. Except as may be set forth on Exhibit "A" -------------- ----------- attached heretothe Collateral Disclosure Certificates, Borrower neither the Borrowers nor any Guarantor uses no any trade names or trade styles in its business operations (herein, "Trade Styles")) in their business operations and warrant that the same shall continue, and Borrower covenants with Lender not to ------------ use except for any additional Trade Styles in its business operations hereafter, except as so specified on Exhibit "A" prior after the date hereof with respect to having which such Borrower or such Guarantor has given Lender the Agent at least thirty (30) 30 days ---------- prior written notice thereof. In any event, to the extent that, now or hereafter, any Borrower or any Guarantor uses any Trade Styles, Borrower the Borrowers and the Guarantors hereby certifies represent and agrees with Lender that: (iwarrant in favor of the Agent that:(a) all of the accounts receivable Accounts and proceeds thereof Proceeds with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, such Borrower or such Guarantor and shall constitute Accounts Receivable Collateralas such term is defined herein; (iib) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which such Borrower or such Guarantor identifies and sells certain of its products or services and under which it may conduct a portion of its business; (iiic) all accounts receivableAccounts, proceeds Proceeds thereof, and returned merchandise which arise from the sale of products invoiced under the names of any of the Trade Styles shall be owned solely by a Borrower or a Guarantor and shall be subject to the terms of this Agreement as they relate to Accounts Receivable and the Collateral; and (ivd) each Borrower and each Guarantor hereby appoints Lender the Agent as its attorney-in-fact to file such certificates disclosing such Borrower's or such Guarantor's use of the Trade Styles and to take such other actions on its behalf as are necessary to comply with the statutes of any states relating to the use of fictitious or assumed business names, to the extent that such Borrower or such Guarantor fails to do soso after notice and reasonable opportunity to comply.

Appears in 1 contract

Samples: Credit and Security Agreement (Commscope Inc)

TRADE STYLES. Except as may be set forth on Exhibit "A" -------------- ----------- attached heretothe Collateral Information Certificates, Borrower uses the Borrowers use no trade names or trade styles in its business operations (herein, "Trade Styles")) in their business operations and warrant that the same shall continue, and Borrower covenants with Lender not to ------------ use except for any additional Trade Styles in its business operations hereafter, except as so specified on Exhibit "A" prior after the date hereof with respect to having which the Borrowers have given Lender the Collateral Agent at least thirty (30) 30 days ---------- prior written notice thereof. In any event, to the extent that, now or hereafter, Borrower uses the Borrowers use any Trade Styles, Borrower the Borrowers hereby certifies represent and agrees with Lender warrant in favor of the Collateral Agent that: (i) all of the accounts receivable and proceeds thereof with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, Borrower the Borrowers and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which Borrower the Borrowers identifies and sells certain of its their products or services and under which it they may conduct a portion of its their business; (iii) all accounts receivable, proceeds thereof, and returned merchandise which arise from the sale of products invoiced under the names of any of the Trade Styles shall be owned solely by Borrower the Borrowers and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) each Borrower hereby appoints Lender the Collateral Agent as its attorney-in-fact to file such certificates disclosing such Borrower's use of the Trade Styles and to take such other actions on its behalf as are necessary to comply with the statutes of any states relating to the use of fictitious or assumed business names, to the extent that such Borrower fails to do so.

Appears in 1 contract

Samples: Credit Agreement (Crown Crafts Inc)

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TRADE STYLES. Except as may be set forth on Exhibit "A" -------------- ----------- attached heretothe Collateral Information Certificates, Borrower uses the Company and the other Obligors use no trade names or trade styles in its business operations (herein, "Trade StylesTRADE STYLES")) in their business operations and each Obligor warrants that the same shall continue, and Borrower covenants with Lender not to ------------ use except for any additional Trade Styles in its business operations hereafter, except as so specified on Exhibit "A" prior after the date hereof with respect to having which the Company has given Lender the Collateral Agent at least thirty (30) 30 days ---------- prior written notice thereof. In any event, to the extent that, now or hereafter, Borrower uses the Obligors use any Trade Styles, Borrower the Company hereby certifies represents and agrees with Lender warrants in favor of the Collateral Agent that: (i) all of the accounts receivable and proceeds thereof with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, Borrower the Obligors and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which Borrower identifies the Obligors identify and sells sell certain of its products or services and under which it they may conduct a portion of its their business; (iii) all accounts receivable, proceeds thereof, and returned merchandise which arise from the sale of products invoiced under the names of any of the Trade Styles shall be owned solely by Borrower the Obligors and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) Borrower the Company hereby appoints Lender the Collateral Agent as its attorney-in-fact to file such certificates disclosing Borrowerthe Company's use of the Trade Styles and to take such other actions on its behalf as are necessary to comply with the statutes of any states relating to the use of fictitious or assumed business names, to the extent that Borrower the Company fails to do so.

Appears in 1 contract

Samples: Registration Rights Agreement (Crown Crafts Inc)

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