Common use of Absence of UCC Financing Statements, Etc Clause in Contracts

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documents, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or any of the Collateral.

Appears in 15 contracts

Samples: Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Morgans Hotel Group Co.)

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Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in in, any property of the interest in Borrower, the Premises Guarantors or any of the Collateraltheir respective Subsidiaries or rights thereunder.

Appears in 8 contracts

Samples: Unsecured Term Loan Agreement (Ramco Gershenson Properties Trust), Secured Master Loan Agreement (Ramco Gershenson Properties Trust), Secured Master Loan Agreement (Ramco Gershenson Properties Trust)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrower or its Subsidiaries or rights thereunder.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Wellsford Real Properties Inc), Master Revolving Credit Agreement (Ramco Gershenson Properties Trust), Revolving Credit Agreement (Walden Residential Properties Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage mortgage, equipment lease, financing lease, option, encumbrance or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien or encumbrance on, or security interest or security title in the interest in the Premises in, any property of Borrower or any of the CollateralOwner.

Appears in 5 contracts

Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documents, there There is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any Collateral or security title in the interest in the Premises or any of the Collateralrights thereunder.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Pacific Realm Inc), Agreement and Plan of Reorganization (Steins Holdings Inc /Nv/), Agreement and Plan of Reorganization (Universal Services & Acquisitions Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrowers or their respective Subsidiaries or rights thereunder.

Appears in 3 contracts

Samples: Term Loan Agreement (Walden Residential Properties Inc), Revolving Credit Agreement (Walden Residential Properties Inc), Revolving Credit Agreement (Walden Residential Properties Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsLiens permitted by Section 8.2, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrower or its Subsidiaries or rights thereunder.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Crescent Real Estate Equities Inc), Revolving Credit Agreement (Crescent Real Estate Equities Co), Revolving Credit Agreement (Crescent Real Estate Equities Co)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises in, any Collateral or any other assets or property of the CollateralBorrower or any rights related thereto.

Appears in 2 contracts

Samples: Construction Loan Agreement (Walden Residential Properties Inc), Construction Loan Agreement (Walden Residential Properties Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage mortgage, equipment lease, financing lease, option, encumbrance or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien or encumbrance on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrower.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrower or the Guarantors or rights thereunder.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Ramco Gershenson Properties Trust), Revolving Credit Agreement (Ramco Gershenson Properties Trust)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Permitted Encumbrances, the Loan Documents (Mortgage) and the Loan DocumentsDocuments (Mezzanine), there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises Property or any of the Collateral.

Appears in 2 contracts

Samples: Mezzanine Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Mezzanine Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsLiens permitted by §8.2, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, the Collateral (excluding any such items in the interest in the Premises favor of Agent) or any other property of the Collaterala Borrower or its Restricted Subsidiaries or rights thereunder.

Appears in 2 contracts

Samples: Master Credit Agreement (Howard Hughes Corp), Master Credit Agreement (Howard Hughes Corp)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents Permitted Liens and the Loan Documentsin connection with any secured Indebtedness permitted under Section 8.1, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrower, REA, any Guarantor or their respective Subsidiaries or rights thereunder.

Appears in 2 contracts

Samples: Revolving Credit Agreement (American Real Estate Investment Corp), Revolving Credit Agreement (American Real Estate Investment Corp)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documents, there There is no ------------------------------------------- financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any Collateral or security title in the interest in the Premises or any of the Collateralrights thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Cal Alta Auto Glass Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsLiens permitted by Section 8.2, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or any of the Collateral.,

Appears in 1 contract

Samples: Revolving Credit Agreement (Crescent Real Estate Equities LTD Partnership)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any - 34 - filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in in, any property of the interest in the Premises Borrower or any of the Collateralits Subsidiaries or rights thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Foundation Capital Resources Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrower or the Subsidiary Guarantor or rights thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Crescent Real Estate Equities Co)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in in, any asset of the interest in the Premises Borrower, Guarantors or any CDO Subsidiaries or rights thereunder other than precautionary filings by lessors of the Collateralequipment.

Appears in 1 contract

Samples: Credit Agreement (Gramercy Capital Corp)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, registry or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in in, any property of Wellsford REIT, the interest in the Premises Bond Issuer, Highlands or any of the Collateraltheir respective Subsidiaries.

Appears in 1 contract

Samples: Reimbursement Agreement (Wellsford Real Properties Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documentsas set forth ---------------------------------------- in Exhibit 4.28, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any Collateral or security title in the interest in the Premises or any of the Collateralrights thereunder.

Appears in 1 contract

Samples: Acquisition Agreement and Plan of Reorganization (H Net Net)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any Collateral, or security title in the interest in the Premises or any of the Collateralrights thereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (Maxxam Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documents, there There is no --------------------------------------------- financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any Collateral or security title in the interest in the Premises or any of the Collateralrights thereunder.

Appears in 1 contract

Samples: Acquisition Agreement and Plan of Reorganization (H Net Net)

Absence of UCC Financing Statements, Etc. Except To the knowledge of the Borrowers, except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any Collateral or security title in the interest in the Premises or any of the Collateralrights thereunder.

Appears in 1 contract

Samples: Credit Agreement (Nutramax Products Inc /De/)

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Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in in, any property of the interest in the Premises Borrower or any of the Collateralits Subsidiaries or rights thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Church Mortgage Co)

Absence of UCC Financing Statements, Etc. Except with respect as permitted pursuant to the Mortgage Loan Documents and the Loan Documents§8.1(h) herein, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in in, any property of the interest in the Premises Borrower or any Guarantor or rights thereunder (excluding any such items in favor of the CollateralAgent).

Appears in 1 contract

Samples: Term Loan Agreement (California Coastal Communities Inc)

Absence of UCC Financing Statements, Etc. Except with With respect to Realty Company, except for the Mortgage lien and encumbrance of the Loan Documents and or as disclosed in the Loan DocumentsTitle Policies to the extent approved by Lender, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with in any filing records, registry, registry or other public office, office that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in in, the interest in the Premises Properties or any of other collateral subject to the CollateralSecurity Instruments.

Appears in 1 contract

Samples: Loan Agreement (Grossmans Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documents, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or 15 any of the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens, the Mezzanine Mortgage Loan Documents and the Loan Documents, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrower, the Member, the Property Owner or the Manager or rights thereunder.

Appears in 1 contract

Samples: Loan Agreement (Wellsford Real Properties Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any material Collateral or security title in the interest in the Premises or any of the Collateralrights thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunglass Hut International Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralREIT or the Borrower or their Subsidiaries or Nominees or rights thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Berkshire Realty Co Inc /De)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or any of the Collateral.or

Appears in 1 contract

Samples: Credit Agreement (Triton Systems Inc / Fa)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documents----------------------------------------- Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, registry or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any assets of the CollateralBorrower or rights thereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Periscope Sportswear Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsPermitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any of the CollateralMortgaged Property.

Appears in 1 contract

Samples: Term Loan Agreement (Wellsford Real Properties Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documentsas described ---------------------------------------- in Schedule 6.13 attached hereto, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or in, any property of the CollateralBorrower or rights thereunder, other than to the Bank.

Appears in 1 contract

Samples: Loan Agreement (Copley Pharmaceutical Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan Documents, there There is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises in, any property of Borrower or any Guarantor or rights thereunder (excluding any such items in favor of the CollateralAgent).

Appears in 1 contract

Samples: Entire Agreement (California Coastal Communities Inc)

Absence of UCC Financing Statements, Etc. Except with respect to the Permitted Encumbrances, the Mortgage Loan Documents and the Loan DocumentsDocuments , there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises Property or any of the Collateral.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)

Absence of UCC Financing Statements, Etc. Except with respect to the Mortgage Loan Documents and the Loan DocumentsLiens permitted by Section 8.2, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises in, any property of a Borrower or any of the Collateralits Controlled Subsidiaries or rights thereunder.

Appears in 1 contract

Samples: Master Credit Agreement (Wellsford Real Properties Inc)

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