Common use of TRADE STYLES Clause in Contracts

TRADE STYLES. Except as may be set forth on the Collateral Disclosure Certificate, neither the Borrower nor any Subsidiary uses 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 the Borrower has given the Collateral Agent at least thirty (30) days prior written notice thereof. In any event, to the extent that, now or hereafter, the Borrower uses any Trade Styles, the Borrower hereby represents and warrants in favor of the Collateral Agent that: (i) all of the accounts receivable and proceeds with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, the Borrower and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which the Borrower identifies and sells certain of their products or services and under which they may conduct a portion of their business; (iii) all accounts receivable, 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 the Borrower and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) the Borrower hereby appoints the Collateral Agent as its attorney-in-fact to file such certificates disclosing the Borrower'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 the Borrower fails to do so.

Appears in 2 contracts

Samples: Credit and Security Agreement (Thomaston Mills Inc), Credit and Security Agreement (Thomaston Mills Inc)

AutoNDA by SimpleDocs

TRADE STYLES. Except as may be set forth on the Collateral Disclosure CertificateExhibit "A" -------------- ----------- attached hereto, neither the Borrower nor any Subsidiary uses no trade names or trade styles in its business operations (herein, "Trade Styles") ), and Borrower covenants with Lender not to ------------ use any Trade Styles in their its business operations and warrant that the same shall continuehereafter, except for any additional Trade Styles after the date hereof with respect as so specified on Exhibit "A" prior to which the Borrower has having given the Collateral Agent Lender at least thirty (30) days ---------- prior written notice thereof. In any event, to the extent that, now or hereafter, the Borrower uses any Trade Styles, the Borrower hereby represents certifies and warrants in favor of the Collateral Agent agrees with Lender that: (i) all of the accounts receivable and proceeds with respect thereto thereof arising out of sales under the Trade Styles shall be the property of, and belong to, the Borrower and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which the Borrower identifies and sells certain of their its products or services and under which they it may conduct a portion of their its business; (iii) all accounts receivable, 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 the Borrower and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) the Borrower hereby appoints the Collateral Agent Lender as its attorney-in-fact to file such certificates disclosing the Borrower'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 the Borrower fails to do so.

Appears in 2 contracts

Samples: Loan and Security Agreement (Concurrent Computer Corp/De), Loan and Security Agreement (Concurrent Computer Corp/De)

TRADE STYLES. Except as may be set forth on the Collateral Disclosure CertificateObligor Information Schedule attached hereto, neither the Borrower nor any Subsidiary it uses no trade names or trade styles in its business operations (herein, "Trade Styles") ), and it covenants with Lender not to use any Trade Styles in their its business operations and warrant that the same shall continuehereafter, except for any additional Trade Styles after as so specified on the date hereof with respect Obligor Information Schedule prior to which the Borrower has having given the Collateral Agent Lender at least thirty (30) days prior written notice thereof. In any event, event to the extent that, now or hereafter, the Borrower it uses any Trade Styles, the Borrower it hereby represents certifies and warrants in favor of the Collateral Agent agrees with Lender that: (i) all of the accounts receivable and proceeds with respect thereto thereof arising out of sales under the Trade Styles shall be the property of, and belong to, the Borrower and shall constitute Accounts Receivable Collateralit; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which the Borrower it identifies and sells certain of their its products or services and under which they it may conduct a portion of their its business; (iii) all accounts receivable, 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 the Borrower it and shall be subject to the terms of this Agreement as they relate to its Accounts Receivable Collateral; and (iv) the Borrower each Obligor hereby appoints the Collateral Agent Lender as its attorney-in-fact to file such certificates disclosing the Borrower's its 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 the Borrower it fails to do so.

Appears in 1 contract

Samples: Loan and Security Agreement (Tekgraf Inc)

TRADE STYLES. Except as may be set forth on the Collateral Disclosure CertificateInformation Certificates, neither the Borrower nor any Subsidiary uses Company and the other Obligors use no trade names or trade styles (herein, "Trade StylesTRADE STYLES") in their business operations and warrant each Obligor warrants that the same shall continue, except for any additional Trade Styles after the date hereof with respect to which the Borrower Company has given the Collateral Agent at least thirty (30) 30 days prior written notice thereof. In any event, to the extent that, now or hereafter, the Borrower uses Obligors use any Trade Styles, the Borrower Company hereby represents and warrants in favor of the Collateral Agent that: (i) all of the accounts receivable and proceeds with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, the Borrower Obligors and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which the Borrower identifies Obligors identify and sells sell certain of their its products or services and under which they may conduct a portion of their business; (iii) all accounts receivable, 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 the Borrower Obligors and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) the Borrower Company hereby appoints the Collateral Agent as its attorney-in-fact to file such certificates disclosing the BorrowerCompany'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 the Borrower Company fails to do so.

Appears in 1 contract

Samples: Registration Rights Agreement (Crown Crafts Inc)

AutoNDA by SimpleDocs

TRADE STYLES. Except as may be set forth on the Collateral Disclosure CertificateInformation Certificates, neither the Borrower nor any Subsidiary uses Borrowers 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 the Borrower has Borrowers have given the Collateral Agent at least thirty (30) 30 days prior written notice thereof. In any event, to the extent that, now or hereafter, the Borrower uses Borrowers use any Trade Styles, the Borrower Borrowers hereby represents represent and warrants warrant in favor of the Collateral Agent that: (i) all of the accounts receivable and proceeds with respect thereto arising out of sales under the Trade Styles shall be the property of, and belong to, the Borrower Borrowers and shall constitute Accounts Receivable Collateral; (ii) each of the Trade Styles is a trade name and trade style (and not an independent corporation or other legal entity) by which the Borrower Borrowers identifies and sells certain of their products or services and under which they may conduct a portion of their business; (iii) all accounts receivable, 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 the Borrower Borrowers and shall be subject to the terms of this Agreement as they relate to Accounts Receivable Collateral; and (iv) the each Borrower hereby appoints the Collateral Agent as its attorney-in-fact to file such certificates disclosing the such Borrower'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 the such Borrower fails to do so.

Appears in 1 contract

Samples: Credit Agreement (Crown Crafts Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.