Common use of Without limiting the obligation of Borrower Clause in Contracts

Without limiting the obligation of Borrower. to deliver any other information to Lender, Borrower shall promptly report to Lender (i) any return of Inventory by any one account debtor if the Inventory so returned in such case has a value in excess of $25,000 and (ii) any recall by Borrower of any shipment of Inventory for quality control or health reasons or due to any reason which applies to more than one account debtor. At any time that Inventory is returned, reclaimed or repossessed, the Account (or portion thereof) which arose from the sale of such returned, reclaimed or repossessed Inventory shall not be deemed an Eligible Account. In the event any account debtor returns Inventory when an Event of Default exists or has occurred and is continuing, Borrower shall, upon Lender's request, (i) hold the returned Inventory in trust for Lender, (ii) segregate all returned Inventory from all of its other property, (iii) dispose of the returned Inventory solely according to Lender's instructions, and (iv) not issue any credits, discounts or allowances with respect thereto without Lender's prior written consent.

Appears in 1 contract

Sources: Loan and Security Agreement (Browne Bottling Co)

Without limiting the obligation of Borrower. to deliver any other information to Lender, Borrower shall promptly report to Lender (i) any return of Inventory by any one account debtor if (i) the Inventory return is other than a return in accordance with Borrower's stock rotation practices and policies as have been disclosed to Lender prior to the date hereof, and as such practices and policies may be revised from time to time by written notice to, and approval by, Lender, and (ii) the inventory so returned in such case has a value in excess of $25,000 and (ii) any recall by Borrower of any shipment of Inventory for quality control or health reasons or due to any reason which applies to more than one account debtor300,000. At any time that Inventory is returned, reclaimed or repossessed, the Account (or portion thereof) which arose from the sale of such returned, reclaimed or repossessed Inventory shall not be deemed an Eligible Account. In the event any account debtor returns Inventory when an Event of Default exists or has occurred and is continuing, Borrower shall, upon Lender's request, (i) hold the returned Inventory in trust for Lender, (ii) segregate all returned Inventory from all of its other property, (iii) dispose of the returned Inventory solely according to Lender's instructions, and (iv) not issue any credits, discounts or allowances with respect thereto without Lender's prior written consent.

Appears in 1 contract

Sources: Loan and Security Agreement (Exabyte Corp /De/)