Common use of Transactions Involving Collateral Clause in Contracts

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor’s business, or as otherwise provided for in this Agreement, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter is not in default under this Agreement, Granter may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor’s business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral {for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter shall immediately deliver any such proceeds to Lender. Title. Granter represents and warrants to Lender that Granter holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter shall defend Lender’s rights in the Collateral against the claims and demands of all other persons.

Appears in 1 contract

Samples: Commercial Security Agreement (Repro Med Systems Inc)

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Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor’s 's business, or and as otherwise provided for in this AgreementAgreement and in Sections 7.6(a)-(d) of the Credit Agreement (“Permitted Sales”), Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter no Event of Default is not in default continuing under this Agreement, Granter Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor’s 's business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter Except for Liens (as defined in the Credit Agreement) permitted by Section 7.3 of the Credit Agreement, Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless Except with respect to Permitted Sales, unless waived by Lender, all proceeds from any disposition of the Collateral {(for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter Grantor shall immediately deliver any such proceeds held in trust to Lender. Title. Granter represents and warrants to Lender that Granter holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering If any of the Collateral is on file shall be sold, transferred or otherwise disposed of by any Grantor in any public office other than those which reflect a Permitted Sale, then the security interest created by pursuant to this Agreement in such Collateral shall be released, and the term “Collateral” shall cease to include the assets or to which Lender has specifically consented. Granter shall defend Lender’s rights property so released, provided that Grantor is in compliance with the Collateral against the claims and demands of all other personsprovisions hereof.

Appears in 1 contract

Samples: Continuing General Security Agreement (Cpi Aerostructures Inc)

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor’s 's business (and except for sales, leases or licenses of any intellectual property rights embodied in products of Grantor and its subsidiaries and dispositions of office fixtures and equipment in the ordinary course of business, or as otherwise provided for in this Agreement, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter Grantor is not in default under this Agreement, Granter Grantor may sell sell, lease or license inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor’s 's business does not include a transfer in partial or total satisfaction of a debt or debtor any bulk sale. Granter Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement and except for Permitted Liens (as defined in the Business Loan Agreement), without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, from and after an Event of Default, all proceeds from any disposition of the Collateral {(for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter Grantor shall immediately deliver any such proceeds to Lender. Title. Granter represents and warrants to Lender that Granter holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter shall defend Lender’s rights in the Collateral against the claims and demands of all other persons.

Appears in 1 contract

Samples: Commercial Security Agreement (Niku Corp)

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor’s business, or as otherwise provided for in this Agreement, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter Grantor is not in default under this Agreement, Granter Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of GrantorGxxxxxx’s business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by LenderLxxxxx, all proceeds from any disposition of the Collateral {(for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter Grantor shall immediately deliver any such proceeds to Lender. Title. Granter Grantor represents and warrants to Lender that Granter Grantor holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. The liens granted hereby are not the type of lien referred to in Chapter 575 of the Iowa Code Supplement, as now enacted or hereafter modified, amended or replaced. Grantor, for itself and all persons claiming by, through or under Gxxxxxx, agrees that it claims no lien or right to a lien of the type contemplated by Chapter 575 or any other chapter of the Code of Iowa and further waives all notices and rights pursuant to said law with respect to the liens hereby granted, and represents and warrants that it is the sole party entitled to do so and agrees to indemnify, defend, and hold harmless Lender from any loss, damage, and costs, including reasonable attorney fees, threatened or suffered by Lxxxxx xxxxxxx either directly or indirectly as a result of any claim of the applicability of said law to the liens hereby granted. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter Grantor shall defend LenderLxxxxx’s rights in the Collateral against the claims and demands of all other persons.

Appears in 1 contract

Samples: Commercial Security Agreement (Arts Way Manufacturing Co Inc)

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor’s 's business, or as otherwise provided for in this Agreement, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter Grantor is not in default under this Agreement, Granter Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor’s 's business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral {(for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter Grantor shall immediately deliver any such proceeds to Lender. Title. Granter : Grantor represents and warrants to Lender that Granter it holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter Grantor shall defend Lender’s 's rights in the Collateral against the claims and demands of all other persons.

Appears in 1 contract

Samples: Security Agreement

Transactions Involving Collateral. Except for inventory sold or accounts collected in the int he ordinary course of Grantor’s 's business, or as otherwise provided for in this Agreement, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter Which Grantor is not in default under this Agreement, Granter Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor’s 's business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of Lender. this includes security of the Collateral (for whatever to the security interests granted under this Agreement, without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral {(for whatever to the security interests granted under this Agreement. Unless waived by lender, all proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for Lender and shall not to be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition____________________________________. Upon receipt, Granter receipt Grantor shall immediately deliver any such proceeds to Lender. Title. Granter represents and warrants to Lender that Granter holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter shall defend Lender’s rights in the Collateral against the claims and demands of all other personslender.

Appears in 1 contract

Samples: Commercial Security Agreement (New America Network Inc)

Transactions Involving Collateral. Except Grantor shall not sell or otherwise transfer or dispose of any the Collateral, except for (a) inventory sold or accounts in the ordinary course of Grantor's business, (b) accounts, chattel paper and instruments collected in the ordinary course of Grantor’s 's business, or and (c) sales of Collateral under terms and conditions permitted under the Loan Agreement. As long as otherwise provided for in this Agreementno Event of Default has occurred, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter is not in default under this Agreement, Granter may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business, unless Lender has agreed to release the Collateral sold under the terms of the Loan Agreement. A sale in the ordinary course of Grantor’s 's business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, Encumbrance or charge, other than the security interest provided for in this AgreementPermitted Liens, without the prior written consent of Lender. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral {(for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter Grantor shall immediately deliver any such proceeds to Lender. Title. Granter represents and warrants to Lender that Granter holds good and marketable title to for deposit into the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter shall defend Lender’s rights in the Collateral against the claims and demands of all other personsDominion Account.

Appears in 1 contract

Samples: Commercial Security Agreement (Search Financial Services Inc)

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Transactions Involving Collateral. Except for inventory Inventory sold or accounts Accounts collected in the ordinary course of Grantor’s business, or and as otherwise expressly provided for in this Agreementherein, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter Grantor is not in default under this Agreement, Granter Grantor may sell inventoryInventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor’s business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter Except for Approved Prior Liens, Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by Lender, all proceeds from any disposition of the Collateral {for whatever reason) not permitted hereunder, shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter Grantor shall immediately deliver any such proceeds to Lender. Title. Granter represents and warrants Lender or use such proceeds to Lender that Granter holds good and marketable title to the purchase replacement Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter shall defend Lender’s rights in the Collateral against the claims and demands of all other persons.

Appears in 1 contract

Samples: Commercial Security Agreement (Premier Power Renewable Energy, Inc.)

Transactions Involving Collateral. Except for inventory Inventory sold or accounts collected in the ordinary course of Grantor’s 's business, or as otherwise provided for in this Agreement, Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter is Grantor Is not in In default under this Agreement, Granter Grantor may sell inventoryInventory, but only in the ordinary course of its business and only to buyers who qualify quality as a buyer in the ordinary course of business. A sale safe in the ordinary course of Grantor’s Xxxxxxx's business does not include Include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without COMMERCIAL SECURITY AGREEMENT Loan No: 6001 (Continued) the prior written consent of Lender. This includes security interests even if If junior in In right to the security interests granted under this Agreement. Unless waived by LenderXxxxxx, all proceeds from any disposition of the Collateral {(for whatever reason) shall be held hold in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter Grantor shall immediately deliver any such proceeds to Lender. , Title. Granter Grantor represents and warrants to Lender that Granter Grantor holds good and marketable title to the Collateral, free and clear of all liens lions and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is Is on file in In any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter Grantor shall defend Lender’s Xxxxxx's rights in the Collateral against the claims and demands of all other persons.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor’s business, . or as otherwise provided for in this Agreement, Grantor Granter shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter Wl1ite Grantor is not in default under this Agreement, Granter may sell inventory, but only in the ordinary course of its business and only to buyers who ,,vt10 qualify as a buyer in the ordinary course of business. A sale in the ordinary course of GrantorGxxxxxx’s business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, . without the prior written consent of LenderLxxxxx. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless waived by LenderLxxxxx, all proceeds from any disposition of the Collateral {(for whatever reason) shall be held in trust for Lender and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender to any sale or other disposition. Upon receipt, Granter shall immediately deliver any such proceeds to Lender. Title. Granter represents and warrants to Lender that Granter holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender has specifically consented. Granter shall defend LenderLxxxxx’s rights in the Collateral against the claims and demands of all other persons.

Appears in 1 contract

Samples: Business Loan Agreement (Clearday, Inc.)

Transactions Involving Collateral. Except for inventory sold or accounts collected in the ordinary course of Grantor’s 's business, or and as otherwise provided for in this AgreementAgreement or the Credit Agreement (“Permitted Sales”), Grantor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. While Granter no Event of Default is not in default continuing under this Agreement, Granter Grantor may sell inventory, but only in the ordinary course of its business and only to buyers who qualify as a buyer in the ordinary course of business. A sale in the ordinary course of Grantor’s 's business does not include a transfer in partial or total satisfaction of a debt or any bulk sale. Granter Except for Liens (as defined in the Credit Agreement) permitted by Section 7.3 of the Credit Agreement, Grantor shall not pledge, mortgage, encumber or otherwise permit the Collateral to be subject to any lien, security interest, encumbrance, or charge, other than the security interest provided for in this Agreement, without the prior written consent of LenderAgent. This includes security interests even if junior in right to the security interests granted under this Agreement. Unless Except with respect to Permitted Sales, unless waived by LenderAgent, all proceeds from any disposition of the Collateral {(for whatever reason) shall be held in trust for Lender Agent for the benefit of the Lenders and shall not be commingled with any other funds; provided however, this requirement shall not constitute consent by Lender Agent to any sale or other disposition. Upon receipt, Granter Grantor shall immediately deliver any such proceeds held in trust to LenderAgent. If any of the Collateral shall be sold, transferred or otherwise disposed of by any Grantor in a Permitted Sale, then the security interest created pursuant to this Agreement in such Collateral shall be released, and the term “Collateral” shall cease to include the assets or property so released, provided that Grantor is in compliance with the provisions hereof. - 4 - CONTINUING GENERAL SECURITY AGREEMENT Title. Granter Grantor represents and warrants to Lender Agent that Granter Grantor holds good and marketable title to the Collateral, free and clear of all liens and encumbrances except for the lien of this Agreement and Liens permitted by Section 7.3 of the Credit Agreement. No financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this Agreement or to which Lender Agent has specifically consented. Granter Grantor shall defend Lender’s Agent's rights in the Collateral against the claims and demands of all other persons.

Appears in 1 contract

Samples: Continuing General Security Agreement (Cpi Aerostructures Inc)

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