Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 17 contracts
Samples: Loan and Security Agreement (PLM Equipment Growth Fund V), Loan and Security Agreement (US BioEnergy CORP), Loan and Security Agreement (Amtech Systems Inc)
Encumbrances. The No Borrower shall notshall, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, any Borrower or their Subsidiaries; whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens or as otherwise authorized by Lender in writing.
Appears in 5 contracts
Samples: Credit Agreement (M Line Holdings Inc), Credit Agreement (Speedemissions Inc), Credit Agreement (Poet Technologies Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.acquired except:
Appears in 5 contracts
Samples: Loan and Security Agreement (Medirect Latino Inc), Loan and Security Agreement (Huron Consulting Group Inc.), Loan and Security Agreement (Huron Consulting Group Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, any Credit Party; whether owned at the date hereof Closing Date or hereafter acquired, except for Permitted LiensLiens or as otherwise authorized by Lender in writing.
Appears in 4 contracts
Samples: Senior Secured Revolving Credit Facility Agreement (ePunk, Inc.), Guaranty Agreement (Sunpeaks Ventures, Inc.), Security Agreement (Sunpeaks Ventures, Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for the following ("Permitted Liens."):
Appears in 3 contracts
Samples: Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises Inc), Credit Agreement (Ipalco Enterprises, Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, acquired except for Permitted Liens.
Appears in 3 contracts
Samples: Loan and Security Agreement (Polar Power, Inc.), Loan and Security Agreement (Dynatronics Corp), Loan and Security Agreement (Flux Power Holdings, Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, Borrower or its Subsidiaries; whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens or as otherwise authorized by Lender in writing.
Appears in 3 contracts
Samples: Credit Agreement (TouchIT Technologies, Inc.), Credit Agreement (Jammin Java Corp.), Credit Agreement (Wowio, Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ari Network Services Inc /Wi), Revolving Credit Agreement (American Land Lease Inc), Credit Agreement (Integrity Media Inc)
Encumbrances. The Borrower shall not, and shall cause each of its Subsidiaries to not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the BorrowerBorrower or any Subsidiary, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.acquired except:
Appears in 3 contracts
Samples: Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)
Encumbrances. The Each Borrower shall not, not either directly or indirectly, ------------ create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the such Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, Borrower or their Subsidiaries; whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens or as otherwise authorized by Lender in writing.
Appears in 2 contracts
Samples: Credit Agreement (Social Reality), Security Agreement (THEDIRECTORY.COM, Inc.)
Encumbrances. The No Borrower shall notshall, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the BorrowerCollateral, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.acquired except:
Appears in 2 contracts
Samples: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/)
Encumbrances. The Borrower Borrowers shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the BorrowerBorrowers, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Smithway Motor Xpress Corp)
Encumbrances. (a) The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.; and
Appears in 2 contracts
Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Atlas Financial Holdings, Inc.)
Encumbrances. The No Borrower shall notshall, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the such Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (LTN Staffing, LLC), Loan and Security Agreement (BG Staffing, Inc.)
Encumbrances. The No Borrower shall, nor shall notany Borrower permit any of its Subsidiaries to, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, any Borrower or their Subsidiaries; whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens or as otherwise authorized by Lender in writing.
Appears in 2 contracts
Samples: Credit Agreement (Wild Craze, Inc.), Credit Agreement (Dr. Tattoff, Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.the following:
Appears in 2 contracts
Samples: Loan Agreement (Hutchinson Technology Inc), Loan Agreement (Hutchinson Technology Inc)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, acquired except for (“Permitted Liens.”):
Appears in 2 contracts
Samples: Loan and Security Agreement (Banyan Rail Services Inc.), Loan and Security Agreement (Bhit Inc)
Encumbrances. The Except as set forth on Schedule 9.2 hereof, the Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Rhapsody Acquisition Corp.), Loan and Security Agreement (Primoris Services CORP)
Encumbrances. The No Borrower shall notshall, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the BorrowerBorrowers, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Amerinac Holding Corp.)
Encumbrances. The Borrower Borrowers shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien (except for Permitted Liens) or charge of any kind or character upon any asset of the BorrowerBorrowers, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 1 contract
Samples: Amended and Restated Loan Agreement (Hemiwedge Industries, Inc)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien mortgage, pledge, encumbrance, security interest, assignment, lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.acquired except:
Appears in 1 contract
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, any Credit Party; whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens or as otherwise authorized by Lender in writing.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Medytox Solutions, Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien lien, security interest or charge of any kind or character upon any asset of the BorrowerBorrower or its Subsidiaries, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 1 contract
Samples: Loan Agreement (Koss Corp)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens as defined by the Multi-Bank Credit Agreement.
Appears in 1 contract
Samples: Bridge Loan Agreement (Hunt J B Transport Services Inc)
Encumbrances. The Borrower Borrowers shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the BorrowerBorrowers, whether owned at the date hereof or hereafter acquired, acquired except for (“Permitted Liens.”):
Appears in 1 contract
Samples: Loan and Security Agreement (FreightCar America, Inc.)
Encumbrances. The No Borrower shall notshall, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrowerany Borrower or their Subsidiaries, whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens or as otherwise authorized by Lender in writing.
Appears in 1 contract
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, acquired except for Permitted LiensLiens and Permitted Exceptions.
Appears in 1 contract
Samples: Loan and Security Agreement (Chromcraft Revington Inc)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien mortgage, pledge, encumbrance, security interest, assignment, lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.acquired except:
Appears in 1 contract
Samples: Loan and Security Agreement (First Horizon Pharmaceutical Corp)
Encumbrances. The Borrower shall not, either directly or indirectly, grant, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.acquired except:
Appears in 1 contract
Samples: Loan Agreement (Landauer Inc)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens (a) created by the Security Agreement, (b) securing Indebtedness permitted under, and attaching to fixed or capital assets described in, Section 7.1(b), or (c) consented to by Lender in writing.
Appears in 1 contract
Encumbrances. The Borrower shall not, not either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.the following:
Appears in 1 contract
Encumbrances. The Borrower Borrowers shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the BorrowerBorrowers, whether owned at the date hereof or hereafter acquired, except for Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, ; whether owned at the date hereof or hereafter acquired, except for Permitted LiensLiens or as otherwise authorized by Lender in writing.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Facility Agreement (Redfin Network, Inc.)
Encumbrances. The Borrower shall not, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrower, whether owned at on the date hereof Effective Date or hereafter acquired, except for Permitted Liens.acquired except:
Appears in 1 contract
Samples: Loan and Security Agreement (Itt Educational Services Inc)
Encumbrances. The No Borrower shall notshall, either directly or indirectly, create, assume, incur or suffer or permit to exist any Lien or charge of any kind or character upon any asset of the Borrowerany Borrower or their Subsidiaries, whether owned at the date hereof or hereafter acquired, except for for: (i) Permitted Liens; (ii) Liens which only encumber Excluded Assets; or (iii) as otherwise authorized by Lender in writing.
Appears in 1 contract
Samples: Credit Agreement (Blue Earth, Inc.)
