Common use of Seizures Clause in Contracts

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 5 contracts

Samples: Security Agreement (Katy Industries Inc), Security Agreement (Valuevision Media Inc), Security Agreement (Fairchild Corp)

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Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 5 contracts

Samples: Credit and Security Agreement (Green Plains Inc.), Credit and Security Agreement (Green Plains Inc.), Security Agreement (Green Plains Renewable Energy, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Loan Party or the title and rights of any Borrower, any Guarantor or any Original Owner Loan Party which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, is reasonably likely to result in impairment or loss of the security provided by this Agreement or the Other Documentsa Material Adverse Effect;

Appears in 4 contracts

Samples: Credit Agreement (Boot Barn Holdings, Inc.), Joinder Agreement (Boot Barn Holdings, Inc.), Credit Agreement (Boot Barn Holdings, Inc.)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Loan Party or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral Loan Party shall have become the subject matter of claim, litigation, suit or other proceeding litigation which mightcould reasonably be expected, in the opinion of Agent, upon final determination, to result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 3 contracts

Samples: Credit and Security Agreement (Manhattan Bridge Capital, Inc), Credit and Security Agreement (Manhattan Bridge Capital, Inc), Credit and Security Agreement (Sachem Capital Corp.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 3 contracts

Samples: Security Agreement (Geokinetics Inc), Security Agreement (Geokinetics Inc), Security Agreement (Geokinetics Inc)

Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower Loan Party, or any Guarantor or (b) the title and rights of any BorrowerLoan Party, any Guarantor or any Original Owner which is the owner of any material portion of in and to the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 3 contracts

Samples: Security Agreement (Williams Industrial Services Group Inc.), Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.), Security Agreement (Williams Industrial Services Group Inc.)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 3 contracts

Samples: Security Agreement (Research Pharmaceutical Services, Inc.), Security Agreement (Research Pharmaceutical Services, Inc.), Security Agreement (Research Pharmaceutical Services, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 2 contracts

Samples: Security Agreement (Hudson Technologies Inc /Ny), Security Agreement (Berliner Communications Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or

Appears in 2 contracts

Samples: Security Agreement (Fairchild Corp), Security Agreement (Intelligroup Inc)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral Borrower shall have become the subject matter of claim, litigation, suit or other proceeding litigation which mightcould reasonably be expected, in the opinion of AgentLender, upon final determination, to result in any material impairment or any material loss of the security provided by this Agreement or the Other Documents;

Appears in 2 contracts

Samples: Credit and Security Agreement (Omni Energy Services Corp), Credit and Security Agreement (Omni Energy Services Corp)

Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor Guarantor, or (b) of the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 2 contracts

Samples: Guaranty Agreement (Drilling Tools International Corp), Guaranty Agreement (ROC Energy Acquisition Corp.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Credit Party or the title and rights of any Borrower, any Guarantor or any Original Owner which Credit Party that is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which that might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other other Loan Documents;

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Security Agreement (Virco MFG Corporation)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Party or the title and rights of any Borrower, any Guarantor or any Original Owner Borrower Party which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which mightwhich, in the opinion of Agent, upon final determination, could reasonably be expected to result in impairment or loss of the security provided by this Agreement or the Other Documents;.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Loan Party or the title and rights of any Borrower, any Guarantor or any Original Owner Loan Party which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 2 contracts

Samples: Subordination Agreement (Twist Beauty S.a r.l. & Partners S.C.A.), Revolving Credit, Term Loan and Security Agreement (Twist Beauty S.a r.l. & Partners S.C.A.)

Seizures. Any A material portion of the Collateral shall be seized or taken by a Governmental Body, Body or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner Borrower which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding litigation which mightwould, in the reasonable opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 2 contracts

Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, could reasonably be expected to result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 2 contracts

Samples: Security Agreement (Aventine Renewable Energy Holdings Inc), Security Agreement (Aventine Renewable Energy Holdings Inc)

Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower Loan Party, or any Guarantor or (b) the title and rights of any BorrowerLoan Party, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of any Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 2 contracts

Samples: Security Agreement (A.S.V., LLC), Security Agreement (Manitex International, Inc.)

Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower Loan Party, or any Guarantor or (b) the title and rights of any Borrower, any Guarantor Loan Party or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Guaranty and Security Agreement (Dasan Zhone Solutions Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Dreams Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Loan Party or the title and rights of any Borrower, any Guarantor Loan Party or any Original Owner Sponsor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (NYTEX Energy Holdings, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner Borrower which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the reasonable opinion of Agent, upon final determination, result in material impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Intercreditor Agreement (Empeiria Acquisition Corp)

Seizures. (a) Any portion of the Collateral shall be seized seized, garnished or taken by a Governmental Body, or any Borrower or any Guarantor Guarantor, or (b) the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;. 116 268323208

Appears in 1 contract

Samples: Loan and Security Agreement (Ati Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)

Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor Guarantor, or (b) the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of AgentLender, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Quality Gold Holdings, Inc.)

Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower Loan Party, or any Guarantor or (b) the title and rights of any Borrower, any Guarantor Loan Party or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, 169 in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Guaranty and Security Agreement (Dasan Zhone Solutions Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other DocumentsDocuments which could reasonably be expected to have a Material Adverse Effect;

Appears in 1 contract

Samples: Security Agreement (Integrated Biopharma Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the reasonable opinion of Agent, upon final determination, result in material impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Empeiria Acquisition Corp)

Seizures. Any (a) material portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor Guarantor, or (b) the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Collateral Pledge Agreement (Universal Logistics Holdings, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner Person which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Merisel Inc /De/)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Ashlin Development Corp)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral Borrower shall have become the subject matter of claim, litigation, suit or other proceeding litigation which mightcould reasonably be expected, in the opinion of AgentLender, upon final determination, to result in impairment or loss of the any security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Credit and Security Agreement (Memry Corp)

Seizures. Any portion of the Collateral shall be seized or taken (other than pursuant to a legitimate exercise of powers of eminent domain) by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of Borrower in any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding initiated by a Governmental Body which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other other Loan Documents;.

Appears in 1 contract

Samples: Loan and Security Agreement (Swenson Granite Co LLC)

Seizures. Any (a) portion of the Collateral having a value in excess of $250,000 shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor Guarantor, or (b) the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of the Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Credit and Security Agreement (Invacare Corp)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Kitty Hawk Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which mightcould, in the opinion of Agent, upon final determination, be reasonably likely to result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Gaiam, Inc)

Seizures. Any (a) material portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower Loan Party, or any Guarantor or (b) the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of Loan Party to any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (AutoWeb, Inc.)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner Borrower which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in material impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Image Entertainment Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor Borrower or any Original Owner shareholder which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Zanett Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor XXXX or the title and rights of any Borrower, Borrower or XXXX in any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the reasonable opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Amrep Corp.)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner Borrower which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other DocumentsDocuments unless Borrowers have provided an adequate bond in the matter;

Appears in 1 contract

Samples: Security Agreement (Enservco Corp)

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Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of Borrower in any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Emtec Inc/Nj)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Administrative Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or

Appears in 1 contract

Samples: Security Agreement (Skullcandy, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Goodman Networks Inc)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Apac Customer Service Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner Person who owns any Equity Interests of any Borrower or Guarantor which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (SMTC Corp)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or

Appears in 1 contract

Samples: Security Agreement (Osteotech Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower Borrower, or any Guarantor of their respective Subsidiaries or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral foregoing shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Sypris Solutions Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other DocumentsDocuments in an amount exceeding $250,000.00 in the aggregate;

Appears in 1 contract

Samples: Credit and Security Agreement (Input Output Inc)

Seizures. (a) Any portion of the Collateral shall be seized seized, garnished or taken by a Governmental Body, or any Borrower or any Guarantor Guarantor, or (b) the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the 121 222233776 opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;.

Appears in 1 contract

Samples: Security Agreement (Allegheny Technologies Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which Guarantor, that is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral Borrower shall have become the subject matter of claim, litigation, suit or other proceeding litigation which mightcould reasonably be expected, in the opinion of Agentthe Required Lenders, upon final determination, to result in impairment or loss of the any security provided by this Agreement or the Other Documents;other Loan Document.

Appears in 1 contract

Samples: Subordinated Loan Agreement (Memry Corp)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Guarantor, or the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral Collateral, shall have become the subject matter of claim, litigation, suit suit, or other proceeding which might, in the opinion of Agent's Permitted Discretion, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Credit and Security Agreement (Compudyne Corp)

Seizures. Any material portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor Credit Party, or the title and rights of any BorrowerCredit Party, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, as determined by Agent in the opinion of Agentits Permitted Discretion, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Term Loan and Security Agreement (Direct Digital Holdings, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Loan Party or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral Loan Party shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Dri Corp)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor (excluding the Ampersand Guarantors) or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Avatech Solutions Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Loan Party or the title and rights of any Borrower, any Guarantor or any Original Owner Loan Party which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (General Finance CORP)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Credit Party or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral Credit Party shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion Permitted Discretion of Agent, upon final determination, result in a material impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Englobal Corp)

Seizures. Any (a) portion of the Collateral having a value in excess of $1,000,000 shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower or any Guarantor Guarantor, or (b) the title and rights of any Borrower, Borrower or any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of the Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Credit and Security Agreement (Invacare Corp)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Party or the title and rights of any Borrower, any Guarantor or any Original Owner Borrower Party which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which mightwhich, in the opinion of Agent, upon final determination, could reasonably be expected to result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Horsehead Holding Corp)

Seizures. Any material portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;; or

Appears in 1 contract

Samples: Security Agreement (Ante5, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor Credit Party or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral Credit Party shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in a material impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Flotek Industries Inc/Cn/)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of AgentTerm B Lender, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Term Loan and Security Agreement (Air Industries Group, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor material or the title and rights of any Borrower, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (P&f Industries Inc)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit or other proceeding which might, in the opinion of AgentAgent (as determined in its Permitted Discretion), upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Sparton Corp)

Seizures. Any (a) portion of the Collateral shall be seized seized, subject to garnishment or taken by a Governmental Body, or any Borrower Loan Party, or any Guarantor or (b) the title and rights of any BorrowerLoan Party, any Guarantor or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of claim, litigation, suit suit, garnishment or other proceeding which might, in the opinion of Administrative Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (Asv Holdings, Inc.)

Seizures. Any portion of the Collateral shall be seized or taken by a Governmental Body, or any Borrower or any Guarantor or the title and rights of any Borrower, any Guarantor Borrower or any Original Owner which is the owner of any material portion of the Collateral shall have become the subject matter of a claim, litigation, suit or other proceeding which might, in the opinion of Agent, upon final determination, result in impairment or loss of the security provided by this Agreement or the Other Documents;

Appears in 1 contract

Samples: Security Agreement (FCStone Group, Inc.)

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