Mortgages, Liens. Except with Purchaser's prior written consent, Airtech will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether nor owned or hereafter acquired, or guarantee or otherwise become contingently liable for any obligations of another or make any capital contributions or investments in any corporation, business or other person.
Mortgages, Liens. Prior to Closing, except with Buyer's or Probex's prior written consent, Seller will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, or permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether now owned or hereafter acquired, relating to or used or to be used in the business or operations of the Business.
Mortgages, Liens. Except with Purchaser’s prior written consent, Seller and its Affiliates will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, permit any Encumbrance or claim of any kind to attach to the Assets, whether now owned or hereafter acquired, except for transactions in the usual and ordinary course of business.
Mortgages, Liens. Except with Buyer's prior written consent, Neither Central nor, with respect to the Menasha Operations, Seller will enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether now owned or hereafter acquired, or guarantee or otherwise become contingently liable for any stock or dividends of any corporation, business or other person or obligations of another except obligations arising by reason of endorsement for collection and other similar transactions in the usual and ordinary course of business, or make any capital contributions or investments in any corporation, business or other person. l.
Mortgages, Liens. Except with Purchaser's prior written consent or except in the ordinary course of the Business consistent with the conduct of the Business at the date of this Agreement, the Selling Entities will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement relating to the Assets, or voluntarily permit any lien, encumbrance or claim of any kind, other than a Permitted Lien, to attach to any of the Assets, whether now owned or hereafter acquired.
Mortgages, Liens. (a) On and after the Drawdown Date Southland shall not create, assume, incur or suffer to exist, or permit to be created, assumed, incurred or suffered to exist, any mortgage, lien, pledge, security interest or other charge or encumbrance or other preferential arrangement of any kind upon or with respect to any part of the Collateral or any rights of Southland or any of its subsidiaries or affiliates relating to the operation of 7-Eleven convenience stores in Japan, whether now owned or hereafter acquired, or upon or with respect to any right to receive income, now or hereafter existing, in connection therewith, other than the security interest in favor of the Existing Yen Facility Lenders with respect to the Existing Yen Facility and security interests in the Collateral established pursuant to the terms and conditions of the Security Documents without the prior written consent of the Collateral Agent (which consent may be withheld or conditioned by the Collateral Agent in its absolute discretion). For the avoidance of doubt the parties hereto confirm that the rights of first refusal in the Japanese Trademarks established in favor of Seven-Eleven Japan pursuant to the Master Agreement do not constitute a preferential arrangement with respect to the Japanese Trademarks which is violative of the provisions of this Section 7.04(a).
Mortgages, Liens. Prior to Closing, except with Roadhouse’s prior written consent, Franchise Owners will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, or permit any lien, encumbrance or claim of any kind to attach to any of the Membership Interest.
Mortgages, Liens. It is understood that some or all of the cars furnished Lessee under this Agreement and Lessor's rights under this Agreement may at the time of delivery to Lessee or at some future time during the term of this Agreement be subject to the terms of any lien or encumbrance (a "Lien") including a Mortgage, Deed of Trust, Equipment Trust, Pledge, or Xxxx of Sale or similar security arrangement. Lessee agrees that any or all of the cars may be stenciled or marked to set forth the ownership of any such cars in the name of the holder of any Lien (the "Lien holder") including a mortgagee, trustee, pledgee, assignee or security holder and that this Agreement and Lessee's rights hereunder are and shall at all times be subject and subordinate to any and all rights of any Lien holder. Lessee agrees that upon the written request of Lessor or any Lien holder at any time or from time to time, Lessee will enter into a written agreement with any Lien holder(s): (i) that the Lien(s) will have priority and be entitled to all rights therein as though the Lien were made before this Agreement and on the making of this Agreement Lessee had knowledge of the Lien; (ii) confirming the security created by the Lien and rights given to the Lien holder(s); and (iii) postponing and deferring this Agreement and its rights hereunder and to the cars and agreeing that they will be subject and subordinate to the Lien(s) and the rights of the Lien holder. This Agreement and/or any of Lessor's rights hereunder, including rentals, may have been assigned and may in the future be assigned to any Lien holder(s) or others. Lessee hereby consents to and accepts any such Assignment. Lessee acknowledges notice of any such Assignment and of any Lien which is filed under Section 11303 of the Interstate Commerce Act of the United States of America. However, Lessee is to pay all rentals hereunder to Lessor and have all its dealings hereunder with Lessor until notified to the contrary by any person proving to Lessee's reasonable satisfaction that he is the assignee of this Agreement and/or the relevant rights of Lessor hereunder and is entitled to intervene. Lessee represents that it has received no notice of any other mortgage, charge, hypothecation or encumbrance on or of any assignment, sale or disposition of any car covered hereby or of any of Lessor's rights hereunder. Lessee agrees that no claim or defense which Lessee may have against Lessor shall be asserted or enforced against any assignee of this ...
Mortgages, Liens. Except with Purchaser's prior written consent, the Company will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether now owned or hereafter acquired, or guarantee or otherwise become contingently liable for any stock or dividends of any corporation, business or other person or obligations of another except obligations arising by reason of endorsement for collection and other similar transactions in the usual and ordinary course of business, or make any capital contributions or investments in any corporation, business or other person.
Mortgages, Liens. Except with Purchaser's prior written consent, Seller will not enter into any agreement establishing, and will not otherwise permit, any Encumbrance over the Assets, the Real Estate or the Business, whether now owned or hereafter acquired, except for transactions in the usual and ordinary course of business.
