Common use of Limitation on Negative Pledge Clauses Clause in Contracts

Limitation on Negative Pledge Clauses. Enter into with any Person any agreement, other than (a) this Agreement, (b) the Subordinated Debt Documents and (c) any industrial revenue bonds, purchase money mortgages or Financing Leases permitted by this Agreement (in which cases, any prohibition or limitation shall only be effective against the assets financed thereby other than after acquired title in or on such property and proceeds of the existing collateral in accordance with the instrument creating such Lien), which prohibits or limits the ability of the Borrower or any of its Subsidiaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired.

Limitation on Negative Pledge Clauses. Enter into with any Person any agreement, other than (a) this Agreementthe Foothill Loan Documents, (b) the Subordinated Debt Documents and (c) any industrial in- dustrial revenue bonds, community development district financ- ing, purchase money mortgages mortgages, Financing Leases, or Financing Leases agreements executed in connection with Indebtedness incurred in connection with Subsidiary Property Under Development permitted by this Agreement (in which cases, any prohibition or limitation shall only be effective against the assets financed thereby thereby), with any Person other than after acquired title in or on such property and proceeds of the existing collateral in accordance with the instrument creating such Lien), Obligee pursuant hereto which prohibits prohib- its or limits the ability of the Borrower Company or any of its Subsidiaries Subsid- iaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired.

Limitation on Negative Pledge Clauses. Enter into with any Person Person, or suffer to exist, any agreement, other than (a) this AgreementAgreement and the other Loan Documents, (b) the Senior Subordinated Debt Documents Note Indenture and (c) in the case of clause (i) below only, any industrial revenue bonds, agreements governing any purchase money mortgages Liens or Financing Leases Capital Lease Obligations otherwise permitted by this Agreement hereby (in which casescase, any prohibition or limitation shall only be effective against the assets financed thereby other than after acquired title in or on such property and proceeds of the existing collateral in accordance with the instrument creating such Lienthereby), which prohibits or limits the ability of the Borrower or any of its Subsidiaries to (i) create, incur, assume or suffer to exist any Lien upon any of its property, assets Property or revenues, whether now owned or hereafter acquired, or (ii) pay dividends or make other distributions, or pay any Indebtedness owed, to the Borrower or any of its Subsidiaries.

Limitation on Negative Pledge Clauses. Enter into with any Person any agreement, other than (a) this Agreement, (b) the Subordinated Debt Documents and Recapitalization documents, (c) any industrial revenue bonds, purchase money mortgages or Financing Leases permitted by this Agreement (in which cases, any prohibition or limitation shall only be effective against the assets financed thereby other than after acquired title in or on securing such property Indebtedness) and proceeds of the existing collateral in accordance with the instrument creating such Lien(d) any secured Indebtedness permitted under subsection 6.2(i), which prohibits or limits the ability of the Borrower or any of its Subsidiaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired.

Limitation on Negative Pledge Clauses. Enter into with any Person any agreement, ------------------------------------- other than (ai) this Agreement, (b) the Subordinated Debt Documents and (cii) any industrial revenue bonds, purchase money mortgages or Financing Leases mortgages, financing leases and operating leases permitted by this Agreement (in which cases, any prohibition or limitation shall only be effective against the assets financed thereby other than after acquired title thereby), and (iii) customary restrictions contained in or on asset sale agreements for asset dispositions permitted under this Agreement and relating only to the assets subject to such property and proceeds of the existing collateral in accordance with the instrument creating such Lien)disposition, which prohibits or limits the ability of the Borrower or any of its Subsidiaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired.

Limitation on Negative Pledge Clauses. Enter into with any Person any agreement, other than (ai) as permitted by this Agreement, (bii) as contemplated by the Subordinated Debt Documents and Receivables Securitization Transaction, or (ciii) any industrial revenue bonds, purchase money mortgages or Financing other mortgages, the Securities Purchase Agreement or Capital Leases permitted by this Agreement (in which cases, any prohibition or limitation shall only be effective against the assets financed thereby thereby), with any Person other than after acquired title in or on such property and proceeds of the existing collateral in accordance with the instrument creating such Lien), Banks pursuant hereto which prohibits or limits the ability of the Borrower or any of its Subsidiaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired.

Limitation on Negative Pledge Clauses. Enter into with any Person any agreement, other than (a) this Agreement, Agreement and the other Loan Documents and the Subordinated Note Indenture and the Senior Secured Note Indenture and (b) the Subordinated Debt Documents and (c) any industrial revenue or development bonds, purchase money mortgages agreements, acquisition agreements or Financing Leases permitted by this Agreement (in which cases, any prohibition or limitation shall only be effective against the assets financed thereby other than after or acquired title thereby) or operating leases of real property entered into in or on such property and proceeds the ordinary course of the existing collateral in accordance with the instrument creating such Lien)business, which prohibits or limits the ability of the Borrower or any of its Subsidiaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, which represent the Collateral or any portion thereof.

Limitation on Negative Pledge Clauses. Enter into with any ------------------------------------- Person any agreement, other than (a) this AgreementAgreement and the other Loan Documents, (b) customary provisions in true leases that the Subordinated Debt Documents and Borrower is permitted to enter under this Agreement limiting assignment or subleasing or (c) any industrial revenue bonds, purchase money mortgages Lien permitted under or Financing Leases permitted by this Agreement (in which casescase, any prohibition or limitation shall only be effective only against the assets financed thereby other than after acquired title in or on such property and proceeds of the existing collateral in accordance with the instrument creating such Lienthereby), which prohibits or limits the ability of the Borrower or any of its Subsidiaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired.

Limitation on Negative Pledge Clauses. Enter into with any Person any agreement, other than (a) this AgreementAgreement and the other Loan Documents, (b) the Put Facility, (c) the Senior Subordinated Debt Documents Notes, (d) the Dawsxx Xxxenture and (ce) any industrial revenue bonds, purchase money mortgages Liens or Financing Leases permitted by this Agreement (in which cases, any prohibition or limitation shall only be effective against the assets financed thereby other than after acquired title in or on such property and proceeds of the existing collateral in accordance with the instrument creating such Lien), thereby) which prohibits or limits the ability of the Borrower or any of its Subsidiaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired.

Limitation on Negative Pledge Clauses. Enter into with any ------------------------------------- Person any agreement, other than (a) this Agreement, (b) the Subordinated Debt Documents and (c) any industrial revenue bonds, purchase money mortgages or Financing Leases permitted by this Agreement (in which cases, any prohibition or limitation shall only be effective against the assets financed thereby other than after acquired title in or on such property and proceeds of the existing collateral in accordance with the instrument creating such Lien), which prohibits or limits the ability of the Borrower or any of its Subsidiaries to create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired.