Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; and
Appears in 14 contracts
Samples: Pledge and Security Agreement (Covia Holdings Corp), Credit and Guaranty Agreement (Covia Holdings Corp), Intercreditor Agreement (Fairmount Santrol Holdings Inc.)
Ownership of Collateral and Absence of Other Liens. (a) it It owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Bank of Commerce Holdings), Pledge and Security Agreement (Intermountain Community Bancorp), Pledge and Security Agreement (Ameris Bancorp)
Ownership of Collateral and Absence of Other Liens. (a) it It owns substantially all of the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item substantially all of such Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item substantially all of the Collateral (except as otherwise permitted by the Credit Agreement or this Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; and;
Appears in 3 contracts
Samples: Pledge and Security Agreement (American Casino & Entertainment Properties LLC), Second Lien Pledge and Security Agreement (American Casino & Entertainment Properties LLC), First Lien Pledge and Security Agreement (American Casino & Entertainment Properties LLC)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created acquired (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; and
Appears in 3 contracts
Samples: Pledge and Security Agreement (Aeroflex Inc), Pledge and Security Agreement (Valeant Pharmaceuticals International), Pledge and Security Agreement (AbitibiBowater Inc.)
Ownership of Collateral and Absence of Other Liens. (a) it such Grantor owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit AgreementIndenture), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and
Appears in 2 contracts
Samples: Pledge and Security Agreement (Ocwen Financial Corp), Security Agreement (Ocwen Financial Corp)
Ownership of Collateral and Absence of Other Liens. (a) it It owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license)created, will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person Person, other than than, in the case of priority only, any Permitted Liens; and.
Appears in 2 contracts
Samples: Pledge and Security Agreement, Pledge and Security Agreement (ServisFirst Bancshares, Inc.)
Ownership of Collateral and Absence of Other Liens. (a) it such Grantor owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than any Permitted Liens); and
Appears in 2 contracts
Samples: Collateral Agreement (Dts, Inc.), Security Agreement (Dts, Inc.)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit AgreementIndenture), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; and
Appears in 2 contracts
Samples: Intercreditor Agreement (Greektown Newco Sub, Inc.), Pledge and Security Agreement (Greektown Superholdings, Inc.)
Ownership of Collateral and Absence of Other Liens. (ac) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case case, free and clear of any and all Liens, rights or claims of all other Persons, other than Permitted Liens, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, any Permitted Liens; and
Appears in 1 contract
Ownership of Collateral and Absence of Other Liens. (a) it It owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and.
Appears in 1 contract
Ownership of Collateral and Absence of Other Liens. (a) it Such Grantor owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit AgreementIndenture or as would not have a Material Adverse Effect), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Collateral Liens; and.
Appears in 1 contract
Samples: Security Agreement (Great Wolf Lodge of Grapevine, LLC)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created acquired (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and
Appears in 1 contract
Ownership of Collateral and Absence of Other Liens. (a) it It owns the Collateral other than Intellectual Property purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created acquired (including by way of lease or license), will continue to own or have such rights in each item of the Collateral other than Intellectual Property (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; and.
Appears in 1 contract
Ownership of Collateral and Absence of Other Liens. (a) it the Grantor owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Note Purchase Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitationlimi- tation, liens arising as a result of such the Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and
Appears in 1 contract
Samples: Pledge and Security Agreement (Ocwen Financial Corp)
Ownership of Collateral and Absence of Other Liens. (a) it It owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Indenture or this Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person Person, other than any Permitted Liens; and.
Appears in 1 contract
Samples: Pledge and Security Agreement (American Casino & Entertainment Properties LLC)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens Liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and
Appears in 1 contract
Samples: Pledge and Security Agreement (BrightSource Energy Inc)
Ownership of Collateral and Absence of Other Liens. (a) it such Grantor owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than any Permitted Liens); and
Appears in 1 contract
Samples: Security Agreement (Dts, Inc.)
Ownership of Collateral and Absence of Other Liens. (a) it Such Grantor owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than any Permitted Liens); and
Appears in 1 contract
Samples: Collateral Agreement (Atrion Corp)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor the Pledgor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; and
Appears in 1 contract
Samples: Pledge Agreement (Grifols SA)
Ownership of Collateral and Absence of Other Liens. (a) it It owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license)created, will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; andPerson.
Appears in 1 contract
Samples: Pledge and Security Agreement (Origin Bancorp, Inc. Attn: Chase Anderson)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Indenture and the Intercreditor Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person Person, other than any ABL Liens, Permitted Notes Collateral Liens and Permitted Liens; and
Appears in 1 contract
Samples: Pledge and Security Agreement (Global Brass & Copper Holdings, Inc.)
Ownership of Collateral and Absence of Other Liens. (a) it owns It has full legal and beneficial ownership of all of the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person Person, other than any Permitted Liens; and. All Collateral is genuine and in all respects what it purports to be.
Appears in 1 contract
Samples: Pledge and Security Agreement (YADKIN FINANCIAL Corp)
Ownership of Collateral and Absence of Other Liens. (a) it such Grantor owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and
Appears in 1 contract
Ownership of Collateral and Absence of Other Liens. (a) it owns It has full legal and beneficial ownership of all of the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor Borrower becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person Person, other than any Permitted Liens; and. All Collateral is genuine and in all respects what it purports to be.
Appears in 1 contract
Samples: Pledge and Security Agreement (CenterState Banks, Inc.)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Loan Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; and
Appears in 1 contract
Samples: Pledge and Security Agreement (Safeguard Scientifics Inc)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and
Appears in 1 contract
Samples: Pledge and Security Agreement (Ocwen Financial Corp)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created (including by way of lease or license), will continue to own or have such rights in each item of the Collateral (except as otherwise permitted by the Credit AgreementParity Lien Documents), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than than, in the case of priority only, any Permitted Liens; and
Appears in 1 contract
Samples: Pledge and Security Agreement (Goodman Networks Inc)
Ownership of Collateral and Absence of Other Liens. (a) it owns the Collateral other than Intellectual Property purported to be owned by it or otherwise has the rights it purports to have in each item of Collateral and, as to all Collateral whether now existing or hereafter acquired, developed or created acquired (including by way of lease or license), will continue to own or have such rights in each item of the Collateral other than Intellectual Property (except as otherwise permitted by the Credit Agreement), in each case free and clear of any and all Liens, rights or claims of all other Persons, including, without limitation, liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as debtor under a security agreement entered into by another Person other than any Permitted Liens; and
Appears in 1 contract