Limitations on Mortgages, Liens, Etc Sample Clauses

Limitations on Mortgages, Liens, Etc. The Borrower will not, and will not permit any Restricted Subsidiary to, directly or indirectly, create, incur, assume, or suffer or permit to exist, any Lien, other than in favor of Bank or the Permitted Liens.
AutoNDA by SimpleDocs
Limitations on Mortgages, Liens, Etc. The Borrower will not, and will not permit any of its Subsidiaries to, directly or indirectly, create, incur, assume, or suffer or permit to exist any Lien (but excluding Liens, if any, evidenced by operating leases) upon or with respect to any of its assets, or assign or otherwise convey any right to receive income, except the following:
Limitations on Mortgages, Liens, Etc. No Borrower will, directly or indirectly, create, incur, assume, or suffer or permit to exist any security interest, pledge, lien, or other charge or encumbrance (including the lien or retained security title of a conditional vendor or lessor) upon or with respect to any Collateral without the prior written consent of all of the Banks except (a) pursuant to the Loan Documents, (b) except workmen's, materialmen's, or other like liens arising in the ordinary course of business in respect of obligations which are not due or which are being contested in good faith, (c) liens for taxes not yet due or being contested in good faith by appropriate proceedings, (d) other similar encumbrances incurred in the ordinary course of business, and not interfering with the ordinary course of the business, (e) liens or security interests securing other indebtedness so long as the Borrowers remain in compliance with all terms and conditions of this Agreement at all times, including but not limited to, the financial covenants contained in Subsection 6.2 hereof; provided however, that such liens or security interests shall be of equal priority and pari passu with the liens and security interests of the Banks hereunder pursuant to the provisions of an intercreditor agreement or similar arrangement in form and substance satisfactory to the Agent and all of the Banks in their reasonable discretion and (f) mortgages on those properties listed on Schedule I hereto and in the Amended Letter Agreement.
Limitations on Mortgages, Liens, Etc. Borrower will not, directly or indirectly, create, incur, assume, or suffer or permit to exist any mortgage, pledge, lien, security interest, or other charge or encumbrance (including the lien or retained security title of a conditional vendor or lessor, but excluding liens, if any, evidenced by operating leases) upon or with respect to any of its assets, or assign or otherwise convey any right to receive income, except (without duplication): (a) Capital Leases described in Subsection 9.1(c) hereof; (b) purchase money security interests described in Subsection 9.1(d) hereof; (c) liens on assets acquired after the date hereof if such liens were in place at the time of acquisition, to the extent permitted in connection with Permitted Acquisitions pursuant to Section 2.3; (d) non-consensual liens which are removed within ten (10) days after the incurrence thereof or for so long as the enforcement thereof is stayed and bonded on appeal, provided that adequate reserves shall have been provided therefor pursuant to GAAP; (e) deposits or pledges in connection with worker's compensation, unemployment insurance, or other social security obligations incurred in the ordinary course of business; (f) liens securing the performance of bids, tenders, contracts (other than for the repayment of borrowed money), leases, statutory obligations, surety and appeal bonds; (g) mechanics', workmen's, materialmen's, or other like liens arising in the ordinary course of business in respect of obligations which are not due or which are being contested in good faith; (h) liens for taxes not yet due or being contested in good faith by appropriate proceedings, and in the case of those being contested, as to which Borrower shall have set aside on its books adequate reserves; (i) liens imposed by operation of law, unless the amount of the claim or the value of the affected property is in excess of U.S. $100,000.00 and the lien is not discharged within sixty (60) days after it has attached; (j) easements, rights-of-way, restrictions, and other similar encumbrances incurred in the ordinary course of business and not interfering with the ordinary course of the business; (k) liens and mortgages on real estate not included within the Borrower's Collateral or the Subsidiary's Collateral or any of the Subsidiaries, (l) mortgages securing permitted Real Estate Debt, (m) banker's liens of a bank or financial institution arising by operation of law with respect to funds on deposit in that bank or f...
Limitations on Mortgages, Liens, Etc. Neither Borrower nor Pledgor will, directly or indirectly, create, incur, assume, or suffer or permit to exist any mortgage, pledge, lien, security interest, or other charge or encumbrance (including the lien or retained security title of a conditional vendor or lessor) upon or with respect to any of its assets, or assign or otherwise convey any right to receive income, except: (a) mortgages or security interests in favor of Bank; (b) liens now existing and in such amounts as described in Schedule 7.2 attached hereto; (c) with respect to Borrower, liens or security interests securing the indebtedness described in Section 7.1.
Limitations on Mortgages, Liens, Etc. Borrower will not, directly or indirectly, create, incur, assume, or suffer or permit to exist any mortgage, pledge, lien, security interest, or other charge or encumbrance (including the lien or retained security title of a conditional vendor or lessor) upon or with respect to any of its assets, or assign or otherwise convey any right to receive income, except Permitted Liens.

Related to Limitations on Mortgages, Liens, Etc

  • Restrictions on Liens, Etc The Borrower will not, and will not permit any Guarantor or their respective Subsidiaries to (a) create or incur or suffer to be created or incurred or to exist any lien, security title, encumbrance, mortgage, deed of trust, security deed, pledge, negative pledge, charge, restriction or other security interest of any kind upon any of their respective property or assets of any character whether now owned or hereafter acquired, or upon the income or profits therefrom; (b) transfer any of their property or assets or the income or profits therefrom for the purpose of subjecting the same to the payment of Indebtedness or performance of any other obligation in priority to payment of its general creditors; (c) acquire, or agree or have an option to acquire, any property or assets upon conditional sale or other title retention or purchase money security agreement, device or arrangement (or any financing lease having substantially the same economic effect as any of the foregoing); (d) suffer to exist for a period of more than thirty (30) days after the same shall have been incurred any Indebtedness or claim or demand against any of them that if unpaid would by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over any of their general creditors; (e) sell, assign, pledge or otherwise transfer any accounts, contract rights, general intangibles, chattel paper or instruments, with or without recourse; (f) in the case of securities, create or incur or suffer to be created or incurred any purchase option, call or similar right with respect to such securities; or (g) incur or maintain any obligation to any holder of Indebtedness of any of such Persons which prohibits the creation or maintenance of any lien securing the Obligations (collectively, “Liens”); provided that notwithstanding anything to the contrary contained herein, the Borrower, any Guarantor or any such Subsidiary may create or incur or suffer to be created or incurred or to exist:

  • Limitations on Liens Create, incur, assume or suffer to exist, any Lien on or with respect to any of its assets or properties (including, without limitation, shares of Capital Stock), real or personal, whether now owned or hereafter acquired, except:

  • Mortgages, etc (i) The Administrative Agent shall have received a Mortgage with respect to each Mortgaged Property, executed and delivered by a duly authorized officer of each party thereto.

  • Limitation on Liens on Collateral The Debtor will not create, incur or permit to exist, will defend the Collateral against, and will take such other action as is necessary to remove, any Lien or claim on or to the Collateral, other than the Security Interest and Permitted Liens, and will defend the right, title and interest of the Secured Party in and to any of the Collateral against the claims and demands of all other persons.

  • Restrictions on Liens The Servicer shall not (A) create, incur or suffer to exist, or agree to create, incur or suffer to exist, or consent to cause or permit in the future (upon the happening of a contingency or otherwise) the creation, incurrence or existence of any Lien or restriction on transferability of the Receivables except for the Lien in favor of the Trust Collateral Agent for the benefit of the Noteholders and the restrictions on transferability imposed by this Agreement or (B) sign or file under the Uniform Commercial Code of any jurisdiction any financing statement which names AmeriCredit or the Servicer as a debtor, or sign any security agreement authorizing any secured party thereunder to file such financing statement, with respect to the Receivables, except in each case any such instrument solely securing the rights and preserving the Lien of the Trust Collateral Agent, for the benefit of the Noteholders.

  • Limitations on Rights of Others Except for Section 9.12, the provisions of this Agreement are solely for the benefit of the Owner Trustee, the Depositor, the Certificateholders, the Administrator and, to the extent expressly provided herein, the Indenture Trustee and the Noteholders, and nothing in this Agreement, whether express or implied, shall be construed to give to any other Person any legal or equitable right, remedy or claim in the Owner Trust Estate or under or in respect of this Agreement or any covenants, conditions or provisions contained herein.

  • Creation, Perfection and Priority of Liens The execution and delivery of the Collateral Documents by Loan Parties and Sponsors, together with (i) the actions taken on or prior to the date hereof pursuant to subsections 4.1, 4.2, 6.8 and 6.9 and (ii) the delivery to Administrative Agent of any Pledged Collateral not delivered to Administrative Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are effective to create in favor of Administrative Agent for the benefit of Lenders, as security for the respective Secured Obligations (as defined in the applicable Collateral Document in respect of any Collateral), a valid and perfected First Priority Lien on all of the Collateral, and all filings and other actions necessary or desirable to perfect and maintain the perfection and First Priority status of such Liens have been duly made or taken and remain in full force and effect, other than the filing of any UCC financing statements or Mortgages delivered to Administrative Agent for filing or recording, as applicable (but not yet filed or recorded) and the periodic filing of UCC continuation statements in respect of UCC financing statements filed by or on behalf of Administrative Agent.

  • Limitations on Indebtedness Create, incur, assume or suffer to exist any Indebtedness except:

  • Limitations on Debt Create, incur, assume or suffer to exist any Debt except:

  • Limitations on Guarantees The obligations of the Guarantors under their Guarantees are limited to the maximum amount which, after giving effect to all other contingent and fixed liabilities of each Guarantors (including without limitation, any other Guarantor senior debt) will result in the obligations of the Guarantors under the Guarantees not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.

Time is Money Join Law Insider Premium to draft better contracts faster.