Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest: (a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (Delta Mills Inc), Revolving Credit and Security Agreement (Delta Woodside Industries Inc /Sc/)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective the Collateral to Agent; and, except for Permitted Encumbrances Liens the Collateral and each Fixed Asset shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (
Appears in 2 contracts
Sources: Revolving Credit, Term Loan and Security Agreement (Fonda Group Inc), Revolving Credit and Security Agreement (Fonda Group Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
: (a) subject to Permitted Liens, Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective Collateral to Agent; and, except for Permitted Encumbrances Liens the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; and (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (.
Appears in 2 contracts
Sources: Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc)
Ownership of Collateral. (a) With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(ai) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of the its respective Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (bii) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (ciii) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Small World Kids Inc)
Ownership of Collateral. (a) With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's ’s security interest:
: (ai) each Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of the its respective Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (bii) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (ciii) all signatures and endorsements of each Borrower that appear on such documents and agreements shall be genuine and each Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit, Term Loan and Security Agreement (Geokinetics Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of the its respective Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Warner Chilcott PLC)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to AgentLender's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective the Collateral to Agent; Lender, and, except for Permitted Encumbrances Encumbrances, the Collateral shall be free and clear of all Liens Liens, Claims, Charges and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (
Appears in 1 contract
Sources: Term Loan and Security Agreement (Harolds Stores Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to AgentLender's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of the its respective Collateral to AgentLender; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent Lender or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit, Term Loan and Security Agreement (Measurement Specialties Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective the Collateral to Agent; and, except for Permitted Encumbrances Encumbrances, the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit, Term Loan and Security Agreement (Centurion Wireless Technologies Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective the Collateral to Agent; andAgent which, except for Permitted Encumbrances the Collateral Encumbrances, shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit, Term Loan and Security Agreement (Danskin Inc)
Ownership of Collateral. (a) With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to AgentTerm B Lender's security interest:
(ai) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of the its respective Collateral to AgentTerm B Lender; and, except for Permitted Encumbrances Encumbrances, the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (bii) each document and agreement executed by each Borrower or delivered to Agent or any Term B Lender in connection with this Agreement shall be true and correct in all material respects; (ciii) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Term Loan and Security Agreement (Air Industries Group, Inc.)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority (subject to Permitted Encumbrances) security interest in each and every item of its respective the Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Swank Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (
Appears in 1 contract
Sources: Revolving Credit, Term Loan and Security Agreement (Delta Mills Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
: (a) each Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of the its respective Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of each Borrower that appear on such documents and agreements shall be genuine and each Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit, Term Loan and Security Agreement (Lesco Inc/Oh)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to AgentLender's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective the Collateral to AgentLender; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement Other Document executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements Other Documents shall be genuine and Borrower shall have full capacity to execute same; and (
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Meridian Sports Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of its respective the Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender by Borrower in connection with this Agreement shall be true and correct in all material respectsrespects at the time executed or delivered; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (and
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Allstate Financial Corp /Va/)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
: (a) each Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of the its respective Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; and (c) all signatures and endorsements of each Borrower that appear on such documents and agreements shall be genuine and each Borrower shall have full capacity to execute same; and (.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Frontstep Inc)
Ownership of Collateral. With respect to the Collateral, at the time ----------------------- the Collateral becomes subject to Agent's security interest:
(a) Borrower shall be the sole owner of and fully authorized and able to sell, transfer, pledge and/or grant a first priority security interest in each and every item of the its respective Collateral to Agent; and, except for Permitted Encumbrances the Collateral shall be free and clear of all Liens and encumbrances whatsoever; (b) each document and agreement executed by each Borrower or delivered to Agent or any Lender in connection with this Agreement shall be true and correct in all material respects; (c) all signatures and endorsements of Borrower that appear on such documents and agreements shall be genuine and Borrower shall have full capacity to execute same; and (
Appears in 1 contract
Sources: Revolving Credit, Term Loan and Security Agreement (Obsidian Enterprises Inc)