Common use of No Prior Lien Clause in Contracts

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a BNPP Entity, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a BNPP Entity) has an interest in any Account or any other accounts of Customer with the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 12 contracts

Samples: Lending Agreement (Midas Fund, Inc.), Account Agreement (Midas Series Trust), Account Agreement (Midas Series Trust)

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No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB, Inc. to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 7 contracts

Samples: Account Agreement (Foxby Corp.), Account Agreement (Dividend & Income Fund), Account Agreement (Corporate Capital Trust, Inc.)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB, Inc. to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933, as amended.

Appears in 6 contracts

Samples: Account Agreement (FS Energy & Power Fund), Account Agreement (FS Energy Total Return Fund), Account Agreement (FS Investment Corp III)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a BNPP Entity, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a BNPP Entity) has an interest in any Account or any other accounts of Customer with the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB, Inc. to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 3 contracts

Samples: Account Agreement (Claymore/Guggenheim Strategic Opportunities Fund), Account Agreement (Reaves Utility Income Fund), Pb Agreement (DNP Select Income Fund Inc)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 3 contracts

Samples: Account Agreement (Alpine Equity Trust), Account Agreement (Alpine Income Trust), Account Agreement (Alpine Series Trust)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 3 contracts

Samples: Account Agreement (Guggenheim Strategic Opportunities Fund), Pb Agreement (Fiduciary/Claymore Energy Infrastructure Fund), Account Agreement (Alpine Global Premier Properties Fund)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, Agreement and other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are will include “restricted securities” or securities of an issuer of which Customer is an “affiliate”, as defined in Rule 144 under the Securities Act of 1933.

Appears in 2 contracts

Samples: Account Agreement (Sterling Capital Funds), Account Agreement (Sterling Capital Funds)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, Agreement and other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY to the contrary, none of the Collateral are “restricted securities” or securities of an issuer of which Customer is an “affiliate”, as defined in Rule 144 under the Securities Act of 1933.

Appears in 2 contracts

Samples: Lending Agreement (Highland Global Allocation Fund), Lending Agreement (Highland Funds Ii)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, Agreement and other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” or securities of an issuer of which Customer is an “affiliate” as defined in Rule 144 under the Securities Act of 1933.

Appears in 2 contracts

Samples: Account Agreement (NexPoint Capital, Inc.), Account Agreement (Nexpoint Real Estate Strategies Fund)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933, as amended.

Appears in 2 contracts

Samples: Account Agreement (FS Investment Corp IV), Account Agreement (FS Multi-Alternative Income Fund)

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No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” or securities of an issuer of which Customer is an “affiliate” as defined in Rule 144 under the Securities Act of 1933.

Appears in 2 contracts

Samples: Account Agreement (Broadstone Real Estate Access Fund, Inc.), Account Agreement (Broadstone Real Estate Access Fund)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PBL to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Samples: Pb Agreement (Pathway Energy Infrastructure Fund, Inc.)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims. Claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB. Inc. to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Samples: Account Agreement (Guggenheim Credit Allocation Fund)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, Agreement and other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Samples: Account Agreement (ALPS Series Trust)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a BNPP Entity, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a BNPP Entity) has an interest in any Account or any other accounts of Customer with the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB, Inc. to the contrary, none of the Collateral are "restricted securities" as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Samples: Pb Agreement (Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund))

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are "restricted securities" as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Samples: Account Agreement (Guggenheim Credit Allocation Fund)

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