Common use of Documents, Instruments, and Chattel Paper Clause in Contracts

Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 14 contracts

Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)

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Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders that Lender that: (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, ; and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, Borrower free and clear of all Liens other than Permitted Liens.

Appears in 5 contracts

Samples: Loan and Security Agreement (Globespan Semiconductor Inc), Security Agreement (Strouds Inc), Loan and Security Agreement (Intellicell Corp)

Documents, Instruments, and Chattel Paper. The Borrower represents Borrowers represent and warrants warrant to the Agent and the Lenders that that: (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, ; and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, relevant Borrower free and clear of all Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Trademark Security Agreement (Trend Lines Inc), Loan and Security Agreement (Trend Lines Inc)

Documents, Instruments, and Chattel Paper. The Each Borrower represents and warrants to the Agent and the Lenders and agrees with the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting CollateralCollateral with respect to such Borrower, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, genuine and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, such Borrower free and clear of all Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Laclede Steel Co /De/), Loan and Security Agreement (Laclede Steel Co /De/)

Documents, Instruments, and Chattel Paper. The Each Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper of such Borrower describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, such Borrower free and clear of all Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc)

Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders that Lender that: (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will shall be complete, valid, and genuine, ; and (b) all goods evidenced by such documents, instruments, and chattel paper are and will shall be owned by the Borrower, Borrower free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Matria Healthcare Inc)

Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, free and clear of all Liens other than Permitted Agent's Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Fruit of the Loom LTD)

Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper of the Borrower describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, Borrower free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Metals Usa Inc)

Documents, Instruments, and Chattel Paper. The Each Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting CollateralCollateral owned by such Borrower, and all signatures and endorsements thereonthereon of any Borrower, are and will be complete, valid, and genuinegenuine in all material respects, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the such Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Trump Atlantic City Funding Ii Inc)

Documents, Instruments, and Chattel Paper. The Borrower represents and ---------------------------------------------- warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders and agrees with Agent and Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, genuine and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, Borrower free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Country Star Restaurants Inc)

Documents, Instruments, and Chattel Paper. The Each Borrower represents and warrants to the Agent and the Lenders that (a) all documentsDocuments, instrumentsInstruments, and chattel paper Chattel Paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documentsDocuments, instrumentsInstruments, and chattel paper Chattel Paper are and will be owned by the BorrowerBorrowers, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (W R Grace & Co)

Documents, Instruments, and Chattel Paper. The Each Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the applicable Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Eftc Corp/)

Documents, Instruments, and Chattel Paper. The Each Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrowersuch Borrower or its relevant Subsidiary, as applicable, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Acme Metals Inc /De/)

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Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders that that: (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, ; and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, Borrower free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Woodworkers Warehouse Inc)

Documents, Instruments, and Chattel Paper. The Each Borrower represents ----------------------------------------- and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Agribiotech Inc)

Documents, Instruments, and Chattel Paper. The Each Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting its Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the such Borrower, free and clear of all Liens other than the Liens described in clauses (a) and (h) of the definition of Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Phar Mor Inc)

Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent Co-Agents and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Good Guys Inc)

Documents, Instruments, and Chattel Paper. The Each Borrower represents ----------------------------------------- and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the applicable Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Envirosource Inc)

Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders that (a) to the best of its knowledge, or unless otherwise disclosed to the Agent, all material documents, instruments, and chattel paper describing, evidencing, constituting or constituting Collateralrelating to Inventory, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Merisel Inc /De/)

Documents, Instruments, and Chattel Paper. The Each Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuine, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the such Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Worldtex Inc)

Documents, Instruments, and Chattel Paper. The Borrower represents and warrants to the Agent and the Lenders that (a) all documents, instruments, and chattel paper describing, evidencing, or constituting Collateral, and all signatures and endorsements thereon, are and will be complete, valid, and genuinegenuine to the best of the Borrower's knowledge or except as is disclosed to the Agent, and (b) all goods evidenced by such documents, instruments, and chattel paper are and will be owned by the Borrower, free and clear of all Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Consolidated Freightways Corp)

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