Form of Bills of Lading; Customs Broker Acknowledgements Sample Clauses

Form of Bills of Lading; Customs Broker Acknowledgements. From and after the date hereof, unless otherwise directed to do so by Agent in writing, Borrowers shall cause each Foreign Vendor or Freight Forwarder to require all Carriers engaged by such Foreign Vendor or Freight Forwarder with respect to the shipment of Imported Goods to issue only (i) Negotiable Bills of Lading to the order of the applicable Borrower, as Consignee, or, at the direction of Agent while an Event of Default exists, to the order of “Xxxxx Fargo Capital Finance, LLC”, as Consignee; (ii) Non-Negotiable Bills of Lading that show (A) the applicable Borrower as Consignee but subject to a lien and security interest in favor of Xxxxx Fargo Capital Finance, LLC”, or (B) “Xxxxx Fargo Capital Finance, LLC” as Consignee; or (iii) sea waybills that show the applicable Borrower as Consignee but subject to a lien and security interest in favor of Xxxxx Fargo Capital Finance, LLC” or, at the direction of Agent while an Event of Default exists, that name “Xxxxx Fargo Capital Finance, LLC” as Consignee (but Borrowers acknowledge and agree that any such Imported Goods shipped pursuant to sea waybills shall not be included in the Borrowing Base under and as defined in the Credit Agreement). Additionally, unless otherwise directed to do so by Agent in writing, Borrowers shall cause each Foreign Vendor or Freight Forwarder to require all Carriers engaged by such Foreign Vendor or Freight Forwarder to cause all Negotiable Bills of Lading issued by each Carrier to contain a clause stating that one original of the Negotiable Xxxx of Lading, duly endorsed, must be surrendered to the Carrier in exchange for the Imported Goods. Customs Broker acknowledges that Agent has a security interest in all Documents and the Imported Goods covered thereby; agrees that it holds as agent and bailee, for the benefit of Agent, all Documents that at any time may be in its possession or under its control, whether Agent or Borrowers are named as Consignee therein; and agrees that it will at all times carry out Agent’s instructions with respect to such Documents and Imported Goods, including the handling procedures set forth in Section 3.
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Form of Bills of Lading; Customs Broker Acknowledgements. From and after the date hereof, unless otherwise directed to do so by the Administrative Agent in writing, Borrower shall cause each Foreign Vendor or Freight Forwarder to require (i) all Carriers engaged by such Foreign Vendor or Freight Forwarder with respect to the shipment of Imported Goods to issue only Negotiable Bills of Lading to the order of one of Borrower as Consignee, or, at the direction of the Administrative Agent, to the order of “Bank of America, N.A., as agent for certain lenders,” as Consignee; and (ii) all Negotiable Bills of Lading issued by each Carrier to contain a clause stating that one original of the Negotiable Bxxx of Lading, duly endorsed, must be surrendered to the Carrier in exchange for the Imported Goods. Customs Broker acknowledges that the Administrative Agent has a Lien in all Documents and the Imported Goods covered thereby; agrees that it holds as agent and bailee, for the benefit of the Administrative Agent and Lenders, all Documents that at any time may be in its possession or under its control, whether the Administrative Agent or the Borrower is named as Consignee therein; and agrees that it will at all times carry out the Administrative Agent’s instructions with respect to such Documents and Imported Goods, including the handling procedures set forth in Section 4.
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Related to Form of Bills of Lading; Customs Broker Acknowledgements

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  • Actions of Custodian Based on Proper Instructions and Special Instructions So long as and to the extent that the Custodian acts in accordance with (a) Proper Instructions or Special Instructions, as the case may be, and (b) the terms of this Agreement, the Custodian shall not be responsible for the title, validity or genuineness of any property, or evidence of title thereof, received by it or delivered by it pursuant to this Agreement.

  • Address for Proper Instructions and Special Instructions Proper Instructions and Special Instructions shall be delivered to the Custodian at the address and/or telephone, telecopy or telex number agreed upon from time to time by the Custodian and the applicable Fund.

  • Wire Transfer Instructions I will wire funds from my outside account according to the “Subscription Instructions” Page. ____ I will wire funds from my Aegis Capital Account. ____The funds for this investment are rolled over, tax deferred from __________ within the allowed 60 day window. Investor Signature Date Investor Signature Date

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