Common use of TRADE STYLES Clause in Contracts

TRADE STYLES. Except as may be set forth on the Collateral Disclosure Certificates, neither the Borrowers nor any Guarantor uses any trade names or trade styles (herein, "Trade Styles") in their business operations and warrant that the same shall continue, except for any additional Trade Styles after the date hereof with respect to which such Borrower or such Guarantor has given the Agent at least 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, the Borrowers and the Guarantors hereby represent and warrant in favor of the Agent that:(a) all of the Accounts and 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 as such term is defined herein; (b) 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; (c) all Accounts, 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 and the Collateral; and (d) each Borrower and each Guarantor hereby appoints 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 so after notice and reasonable opportunity to comply.

TRADE STYLES. Except as may be set forth on the Collateral Disclosure Certificates, neither the Borrowers nor any Guarantor uses any and the Guarantors use no trade names or trade styles (herein, "Trade Styles") in their business operations and warrant that the same shall continue, except for any additional Trade Styles after the date hereof with respect to which such Borrower the Borrowers or such Guarantor has the Guarantors have given the Agent at least 30 days prior written notice thereof. In any event, to the extent that, now or hereafter, any Borrower the Borrowers or any Guarantor uses the Guarantors use any Trade Styles, the Borrowers and the Guarantors hereby represent and warrant in favor of the Agent that:(a) all of the Accounts and Proceeds 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 the Borrowers and Guarantors and shall constitute Accounts as such term is defined herein; (b) 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 the Borrowers and sells the Guarantors identify and sell certain of its their products or services and under which it they may conduct a portion of its their business; (c) all Accounts, 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 the Borrowers or a Guarantor Guarantors and shall be subject to the terms of this Agreement as they relate to Accounts and the Collateral; and (d) each Borrower and each Guarantor hereby appoints 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 so after notice to such Borrower or Guarantor and reasonable an opportunity to complycure for a period of thirty (30) calendar days.