Mortgages and Liens. The Company will not create, incur, assume or permit to exist any mortgage, pledge, security interest, encumbrance, lien or charge of any kind upon any of the Company's properties or assets of any character, whether owned on the date hereof or hereafter acquired, or hold or acquire any property or assets of any character under conditional sales or other title retention agreements, except:
Mortgages and Liens. To the best knowledge and belief of the Borrower and its Subsidiaries, none of the property assets, income or revenues of any character of the Borrower is subject to any mortgage, lien, pledge, charge, security interest, defect or other encumbrance of any kind, other than mortgages, liens, pledges, charges, security interests, defects and other encumbrances expressly permitted by the provisions contained in Section 9.2 of this Agreement.
Mortgages and Liens. Will be permitted to create, incur or permit to exist any mortgage, pledge, encumbrance, lien, security interest, security device, or charge of any kind (including liens or charges upon properties acquired or to be acquired under conditional sales agreements or other title retention devices), collectively “Liens”, on the property of the Company or any Subsidiary, whether now owned or hereafter acquired, or upon any income or profits therefrom; provided, however, that at the time of the creation of each Lien and immediately after giving effect thereto and to the application of any proceeds of the Indebtedness secured thereby, the aggregate outstanding principal Indebtedness then secured by all Liens shall not exceed 15% of Consolidated Total Assets. Without limitation of the independent application and effect of this Section 7.10, it is expressly agreed and understood that Liens permitted by this Section 7.10 are and shall be permitted only upon the express condition that the obligations so secured do not violate the applicable provisions of Section 7.9.
Mortgages and Liens. The Company will not, and will not permit any of its Restricted Subsidiaries, to directly or indirectly create, incur, assume or permit to exist (upon the happening of a contingency or otherwise) any Lien on or with respect to any property or asset (including, without limitation, any document or instrument in respect of goods or accounts receivable) of the Company or any such Restricted Subsidiary, whether now owned or held or hereafter acquired, or any income or profits therefrom, or assign or otherwise convey any right to receive income or profits, except: (a) Liens for taxes, assessments or other governmental charges which are not yet due and payable or the payment of which is not at the time required by Section 9.4; (b) statutory Liens of landlords and Liens of carriers, warehousemen, mechanics, materialmen and other similar Liens, in each case, incurred in the ordinary course of business for sums not yet due and payable or the payment of which is not at the time required by Section 9.4; (c) any attachment or judgment Lien, unless the judgment it secures shall not, within 60 days after the entry thereof, have been discharged or execution thereof stayed pending appeal, or shall not have been discharged within 60 days after the expiration of any such stay; (d) Liens on property or assets of the Company or any of its Restricted Subsidiaries securing Indebtedness owing to the Company or to another Wholly-Owned Restricted Subsidiary; (e) Liens existing on the date of this Agreement and securing the Indebtedness of the Company and its Restricted Subsidiaries referred to in the Disclosure Letter; (f) any Lien created to secure all or any part of the purchase price, or to secure Indebtedness incurred or assumed to pay all or any part of the purchase price or cost of construction, of tangible property (or any improvement thereon) acquired or constructed by the Company or a Restricted Subsidiary after the date of the Closing, provided that (i) any such Lien shall extend solely to the item or items of such property (or improvement thereon) so acquired or constructed and, if required by the terms of the instrument originally creating such Lien, other property (or improvement thereon) which is an improvement to or is acquired for specific use in connection with such acquired or constructed property (or improvement thereof) or which is real property being improved by such acquired or constructed property (or improvement thereon), (ii) the principal amount of the Ind...
Mortgages and Liens. Lessor represents and warrants that there are no mortgages or other liens encumbering the Premises.
Mortgages and Liens. The Company shall not create, assume or otherwise permit to exist any mortgage, encumbrance, or lien on, or other security interest in, any of its properties or assets, whether now owned or hereafter acquired, or in any proceeds or income therefrom, except for (i) the liens and encumbrances created under the Security Documents or pursuant to any of the other Financing Documents; (ii) liens or encumbrances for taxes or other statutory liens which are being contested or litigated in good faith; (iii) any mechanic's, workmen's or other like liens arising by mandatory provision of law securing obligations incurred in the ordinary course of business which are not yet overdue or which are being contested or litigated in good faith; and (iv) liens or encumbrances not ranking prior to or pari passu with the liens and encumbrances arising under the Security Documents which secure Indebtedness allowed under Section 7.02(c) hereof incurred in the ordinary course of business.
Mortgages and Liens. The Borrower shall not create or suffer to exist any Lien with respect to any of its properties or assets, whether now owned or hereafter acquired, or in any proceeds or income therefrom except for:
Mortgages and Liens. Sublessor represents and warrants that there are no mortgages or other liens encumbering its leasehold interest in the Premises.
Mortgages and Liens. None of the property, assets, income or ------------------- revenues of any character, or any rights relating thereto, of any of the Commerce Companies is subject to any mortgage, lien, pledge, charge, security interest or other encumbrance of any kind, other than Permitted Liens and other Liens permitted pursuant to Section 5.20. Set forth on Schedule 5.9 hereto is a ------------ ------------ true and correct list of each office or other location maintained by any of the Lessee or the Commerce Subsidiaries in the United States of America. In all jurisdictions set forth on Schedule 5.9, and, to the best knowledge of the ------------ Lessee (without having conducted UCC searches), in all other jurisdictions located in the United States of America, any state thereof or the District of Columbia, no financing statement which names any of the Commerce Companies as a debtor has been filed pursuant to Article 9 of the Uniform Commercial Code of any state of the United States or the District of Columbia, and none of the Commerce Companies has signed any financing statement or security agreement or authorized any Person to file any such financing statement in any such jurisdiction, except (a) for notice filings by lessors of personal property or equipment under leases, or (b) with respect to Permitted Liens and other Liens permitted pursuant to Section 5.20. ------------
Mortgages and Liens. None of the property, assets, income or --------- --- ----- revenues of any character, or any rights relating thereto, of any of the Commerce Companies is subject to any mortgage, lien, pledge, charge, security interest or other encumbrance of any kind, other than Permitted Liens. Set forth on Schedule 5.9 hereto is a true and correct list of each office or other ------------ location maintained by any of the Commerce Companies in the United States of America. In all jurisdictions set forth on Schedule 5.9, and, to the best ------------ knowledge of the Company (without having conducted UCC searches), in all other jurisdictions located in the United States of America, any state thereof or the District of Columbia, no financing statement which names any of the Commerce Companies as a debtor has been filed pursuant to Article 9 of the Uniform Commercial Code of any state of the United States or the District of Columbia, and none of the Commerce Companies has signed any financing statement or security agreement or authorized any Person to file any such financing statement in any such jurisdiction, except (a) for notice filings by lessors of personal property or equipment under leases, or (b) with respect to Permitted Liens.
