Common use of Collateral in the Possession of a Bailee Clause in Contracts

Collateral in the Possession of a Bailee. If any property constituting Collateral is at any time in the possession of a bailee, Borrower shall promptly notify Investor thereof and, if requested by Investor, shall promptly obtain an acknowledgement from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercised, that the bailee holds such Collateral for the benefit of Investor and shall act upon the instructions of Investor, without the further consent of Borrower.

Appears in 4 contracts

Sources: Loan Agreement (Dyax Corp), Loan Agreement (Dyax Corp), Loan Agreement (Dyax Corp)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, Borrower shall will promptly notify Investor Lender thereof and, if requested by InvestorLender, shall will promptly obtain an acknowledgement acknowledgment from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedLender, that the bailee holds such Collateral for the benefit of Investor Lender and shall will act upon the instructions of InvestorLender, without the further consent of Borrower.

Appears in 4 contracts

Sources: Security Agreement (Advanced BioEnergy, LLC), Security Agreement (Great Plains Ethanol LLC), Security Agreement (Golden Grain Energy)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, Borrower the Company shall promptly notify Investor the Lenders thereof and, if requested by Investorthe Lenders, shall promptly obtain an acknowledgement acknowledgment from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedthe Lenders, that the bailee holds such Collateral for the benefit of Investor the Lenders and shall act upon the instructions of Investorthe Lenders, without the further consent of Borrowerthe Company.

Appears in 3 contracts

Sources: Security Agreement (Smart Move, Inc.), Security Agreement (Converted Organics Inc.), Security Agreement (Future Now Group Inc.)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, Borrower Guarantor shall promptly notify Investor the Lender thereof and, if requested by Investorthe Lender, shall promptly obtain an acknowledgement acknowledgment from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedthe Lender, that the bailee holds such Collateral for the benefit of Investor the Lender and shall act upon the instructions of Investorthe Lender, without the further consent of BorrowerGuarantor.

Appears in 2 contracts

Sources: Security Agreement (Converted Organics Inc.), Security Agreement (Converted Organics Inc.)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, Borrower the Company shall promptly notify Investor the Lender thereof and, if requested by Investorthe Lender, shall promptly obtain an acknowledgement acknowledgment from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedthe Lender, that the bailee holds such Collateral for the benefit of Investor the Lender and shall act upon the instructions of Investorthe Lender, without the further consent of Borrowerthe Company.

Appears in 2 contracts

Sources: Security Agreement (Converted Organics Inc.), Security Agreement (Converted Organics Inc.)

Collateral in the Possession of a Bailee. If any property constituting Collateral is at any time in the possession of a bailee, the Borrower shall promptly notify Investor the Lender thereof and, if requested by Investorat the Lender’s request and option, shall promptly obtain an acknowledgement from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedthe Lender, that the bailee holds such Collateral for the benefit of Investor the Lender, and shall act upon the instructions of Investorthat such bailee agrees to comply, without the further consent of the Borrower, with instructions from the Lender as to such Collateral.

Appears in 1 contract

Sources: Loan and Security Agreement (IEG Holdings Corp)

Collateral in the Possession of a Bailee. If any property constituting Collateral is at any time in the possession of a bailee, Borrower shall promptly notify Investor Lender thereof and, if requested by InvestorLender, shall promptly obtain an acknowledgement from the bailee, in form and substance satisfactory to Investor Lender in its discretion reasonably exercised, that the bailee holds such Collateral for the benefit of Investor Lender and shall act upon the instructions of InvestorLender, without the further consent of Borrower.

Appears in 1 contract

Sources: Loan Agreement (Dyax Corp)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, Borrower shall promptly notify Investor Lender thereof and, if requested by InvestorLender, shall promptly obtain an acknowledgement from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedLender, that the bailee holds such Collateral for the benefit of Investor Lender and shall act upon the instructions of InvestorLender, without the further consent of Borrower.

Appears in 1 contract

Sources: Loan Security and Service Agreement (Auto Underwriters of America, Inc.)

Collateral in the Possession of a Bailee. If any property constituting Collateral is is, now or at any time hereafter, in the possession of a bailee, Borrower Borrowers shall promptly notify Investor the Lender thereof and, if requested by Investorat the Lender’s request and option, shall promptly obtain an acknowledgement from the bailee, a bailee acknowledgment and access agreement in form and substance reasonably satisfactory to Investor in its discretion reasonably exercised, that the bailee holds such Collateral for the benefit of Investor and shall act upon the instructions of Investor, without the further consent of BorrowerLender.

Appears in 1 contract

Sources: Loan and Security Agreement (Diomed Holdings Inc)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, the Borrower shall will promptly notify Investor thereof and, if the Lender thereof. If requested by Investorthe Lender, shall the Borrower will promptly obtain an acknowledgement acknowledgment from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedthe Lender, that the bailee holds such Collateral for the benefit of Investor the Lender and shall that the bailee will act upon the instructions of Investorthe Lender, without the further consent of the Borrower.

Appears in 1 contract

Sources: Securities Purchase Agreement (Health Fitness Corp /Mn/)

Collateral in the Possession of a Bailee. If any property constituting Collateral is Goods of material value are at any time in the possession of a bailee, Borrower shall promptly notify Investor Lender thereof and, if reasonably requested by InvestorLender, shall promptly obtain an acknowledgement from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedLender, that the bailee holds such Collateral for the benefit of Investor Lender and shall act upon the instructions of InvestorLender, without the further consent of Borrower.

Appears in 1 contract

Sources: Security Agreement (MBI Financial, Inc.)

Collateral in the Possession of a Bailee. If any property constituting Collateral is now or at any time hereafter in the possession of a bailee, Borrower shall promptly notify Investor Lender thereof and, if requested by Investorat Lender's request and option, shall promptly obtain an acknowledgement from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedLender, that the bailee holds such Collateral for the benefit of Investor Lender and shall act upon the instructions of Investorsuch bailee's agreement to comply, without the further consent of Borrower, at any time with instructions of Lender as to such Collateral.

Appears in 1 contract

Sources: Security Agreement (Edac Technologies Corp)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, Borrower the Company shall promptly notify Investor the Lenders thereof and, if requested by Investorthe Lenders while an Event of Default exists, shall promptly obtain an acknowledgement acknowledgment from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedthe Lenders, that the bailee holds such Collateral for the benefit of Investor the Lenders and shall act upon the instructions of Investorthe Lenders, without the further consent of Borrowerthe Company.

Appears in 1 contract

Sources: Security Agreement (Infosmart Group, Inc.)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, the Borrower shall promptly notify Investor the Lender thereof and, if requested by Investorthe Lender, shall promptly obtain an a written acknowledgement from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedthe Lender, that the bailee holds such Collateral for the benefit of Investor the Lender and shall act upon the instructions of Investorthe Lender, without the further consent of the Borrower.

Appears in 1 contract

Sources: Term Loan and Security Agreement (Cascade Corp)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods of any Borrower are at any time in the possession of a bailee, Borrower shall promptly notify Investor Lender thereof and, if requested by InvestorLender, shall promptly obtain an acknowledgement acknowledgment from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedLender, that the bailee holds such Collateral for the benefit of Investor Lender and shall act upon the instructions of InvestorLender, without the further consent of Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Paper Warehouse Inc)

Collateral in the Possession of a Bailee. If any property constituting Collateral is goods are at any time in the possession of a bailee, Borrower shall promptly notify Investor Lender thereof and, if requested by InvestorLender, shall promptly obtain an acknowledgement from the bailee, in form and substance satisfactory to Investor in its discretion reasonably exercisedLender, that the bailee holds such Collateral for the benefit of Investor Lender and shall act upon the instructions of InvestorLender, without the further consent of Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Tri-S Security Corp)