Liens and Other Encumbrances. Neither any Borrower nor the Guarantor shall create, incur, assume or suffer to exist any security interest, mortgage, pledge, lien or other encumbrance of any nature whatsoever on any of its property or assets whether now owned or hereafter acquired, except: (i) liens securing the payment of taxes and other governmental charges, either not yet due or the validity of which is being contested in good faith by appropriate proceedings (so long as no material item of property would be lost, forfeited or materially damaged as a result thereof), and as to which it shall, as appropriate under GAAP, have set aside on its books and records adequate reserves; (ii) deposits under workers’ compensation, unemployment insurance, social security and other similar laws or to secure the performance of bonds, tenders or contracts (other than for the repayment of purchase price indebtedness or borrowed money) or to secure statutory obligations or surety or appeal bonds, or to secure indemnity, performance or other similar bonds, all in the ordinary course of business; (iii) liens and security interests in favor of the Lender; (iv) zoning restrictions, easements, licenses, covenants and other restrictions affecting the use of real property, so long as its use of, or the value of, its property subject thereto is not impaired, in any material respect, thereby; and (v) liens securing purchase money Indebtedness and capital leases referred to in clauses (iii) or (iv) under Section 9.1, above provided that such liens are limited to the specific property purchased or leased and the proceeds thereof. All of the foregoing liens are hereinafter referred to as “Permitted Liens.”
Liens and Other Encumbrances. (a) The Vendor covenants and agrees, subject to Vendor's receipt from Owner of full payment in respect thereof, to:
Liens and Other Encumbrances. (a) In consideration of the mut- ual undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Vendor:
Liens and Other Encumbrances. If the Property shall, at the time of the Closing, be subject to any liens (such as for judgments or transfer, inheritance, estate, franchise, license or other similar taxes), encumbrances, or other title exceptions which would be grounds for Purchaser to object to title hereunder, the same shall not be deemed a Title Objection provided that, at the time of the Closing, either: (a) the Seller delivers checks at the Closing in the amount required to satisfy the same and delivers to Purchaser and/or the Title Companies at the Closing, instruments in recordable form (and otherwise in form reasonably satisfactory to the Title Companies in order to omit same as an exception to its Title Insurance Policies) sufficient to satisfy and discharge of record such liens and encumbrances together with the cost of recording or filing such instruments; or (b) each Title Company, as applicable, will otherwise issue or bind itself to issue a policy in form and substance acceptable to Purchaser in its sole and absolute discretion which will insure Purchaser against collection thereof from or enforcement thereof against the Property.
Liens and Other Encumbrances. CCAG/NPSS may not, under any circumstances: (i) encumber ALVORD’s fee estate in the XXXXXX Property, including, without limitation, by means of any mortgage, deed of trust, or any other device or instrument; (ii) attempt to, sell, assign, sublease, lease, or otherwise transfer, dispose of or convey any portion of or interest in the XXXXXX Property; (iii) suffer or permit to be filed or enforced against any portion of the XXXXXX Property any statutory lien for labor or materials (including without limitation any mechanics’ or materialmen’s lien); or (iv) suffer or permit any claim for damages arising from or out of their use of, or activities on, the XXXXXX Property. CCAG/NPSS must pay or cause to be paid on a timely basis all bills or claims which could give rise to any such statutory lien or claim for damages. If any such statutory or other lien is filed or asserted against any portion of the XXXXXX Property, CCAG/NPSS shall cause the same to be fully discharged, by payment, bonding or otherwise, within fifteen days of such filing or assertion, and upon any failure to do so, XXXXXX shall have the right to do so, by payment, bonding or otherwise. CCAG/NPSS shall be responsible for reimbursing to XXXXXX all costs and expenses that it incurs in connection with obtaining any such release or discharge, including but not limited to attorneys’ fees and expenses. The failure by XXXXXX to post or record any notice of non-responsibility or other notice shall not in any manner adversely affect or negate CCAG/NPSS’s obligations pursuant to this Section or any rights that XXXXXX may have in regard thereto.
Liens and Other Encumbrances. Borrower shall not grant or permit to exist any Lien on or in, or otherwise encumber, any of its properties or assets, except for (a) Liens for taxes, assessments or other governmental charges not yet due and payable or which are being actively contested in good faith by appropriate proceedings and with respect to which adequate reserves are being maintained, (b) statutory Liens of landlords and Liens of mechanics, materialmen and other Liens imposed by law created in the ordinary course of business for amounts not yet due or which are being contested in good faith by appropriate proceedings and for which adequate reserves are being maintained, (c) purchase money security interests, (d) easements, licenses, rights-of-way, restrictions, covenants and other similar charges or encumbrances not interfering with the ordinary conduct of the business of Borrower or any of its properties, and (e) those Liens and encumbrances existing as of the date hereof and identified and disclosed to Lender in Exhibit "L" attached hereto and incorporated herein.
Liens and Other Encumbrances. The Borrower shall not, and shall not permit the Owner to, create, incur, assume or suffer to exist any security interest, mortgage, pledge, lien or other encumbrance of any nature whatsoever on the Property, except (i) encumbrances meeting the description in items (a) through (d) of the definition of "Permitted Encumbrances" in the Senior Loan Documents (ii) the Brookdale Option Agreement and (iii) all other liens and encumbrances to which Lender has given its prior written consent.
Liens and Other Encumbrances. 3.13.1 The Vendor covenants and agrees to:
Liens and Other Encumbrances. Create, assume, incur or permit to exist, or to be created, assumed, incurred or permitted to exist, directly or indirectly, any Lien upon any of its property or assets, whether now owned or hereafter acquired, or any income or profits therefrom except Permitted Liens.
Liens and Other Encumbrances. (a) In consideration of the mutual ---------------------------- undertakings herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Vendor:
