Common use of Non-Encumbrance Clause in Contracts

Non-Encumbrance. Without implying any limitation upon the generality of §8.2, the Borrower will not, and will not permit any other Person to, create or incur or suffer to be created or incurred or to exist (a) any lien, encumbrance, mortgage, pledge, negative pledge, change, restriction or other security interest of any kind upon any Borrowing Base Property, or (b) any provision of a document, instrument or agreement (other than a Loan Document) which, in the case of (a) or (b), prohibits or purports to prohibit the creation or assumption of any Lien on any Borrowing Base Property or interest therein as security for the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Condor Hospitality Trust, Inc.), Credit Agreement (Condor Hospitality Trust, Inc.)

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Non-Encumbrance. Without implying any limitation upon the generality of §8.2, the Borrower will not, and will not permit any other Person to, create or incur or suffer to be created or incurred or to exist (a) any lien, encumbrance, mortgage, pledge, negative pledge, change, restriction or other security interest of any kind upon any Borrowing Base Property, or (b) any provision of a document, instrument or agreement (other than a Loan Document) which, in the case of (a) or (b), which prohibits or purports to prohibit the creation or assumption of any Lien on any Borrowing Base Property or interest therein as security for the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Modiv Inc.), Credit Agreement (Four Springs Capital Trust)

Non-Encumbrance. Without implying any limitation upon the generality of §8.2, the Borrower will not, and will not permit any other Person to, create or incur or suffer to be created or incurred or to exist (a) any lien, encumbrance, mortgage, pledge, negative pledge, change, restriction or other security interest of any kind upon any Unencumbered Borrowing Base Property, or (b) any provision of a document, instrument or agreement (other than a Loan Document) which, in the case of (a) or (b), which prohibits or purports to prohibit the creation or assumption of any Lien on any Unencumbered Borrowing Base Property or interest therein as security for the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Four Springs Capital Trust)

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Non-Encumbrance. Without implying any limitation upon the generality of §8.2, the Borrower will not, and will not permit any other Person to, create or incur or suffer to be created or incurred or to exist (a) any lien, encumbrance, mortgage, pledge, negative pledge, change, restriction or other security interest of any kind upon any Borrowing Base PropertyProperty or any other Collateral, or (b) any provision of a document, instrument or agreement (other than a Loan Document) which, in the case of (a) or (b), prohibits or purports to prohibit the creation or assumption of any Lien on any Borrowing Base Property or interest therein or any other Collateral as security for the Obligations.

Appears in 1 contract

Samples: Management Agreement (New Senior Investment Group Inc.)

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