Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 104 contracts
Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Quicklogic Corporation), Loan Modification Agreement (Synaptics Inc)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 17 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (RMG Networks Holding Corp), Loan and Security Agreement (Aspen Group, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 11 contracts
Samples: Loan and Security Agreement (Procera Networks Inc), Loan and Security Agreement (BG Medicine, Inc.), Loan and Security Agreement (Betawave Corp.)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to Permitted Liens.
Appears in 6 contracts
Samples: Ar Financing Loan Agreement (Netlogic Microsystems Inc), Ar Financing Loan Agreement (Netlogic Microsystems Inc), Loan and Security Agreement (Perficient Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted herelien status of Bank regarding the Collateral to change, subject only to Permitted LiensLiens as may be applicable.
Appears in 5 contracts
Samples: Loan and Security Agreement (Dpac Technologies Corp), Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Occam Networks Inc/De)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 4 contracts
Samples: Loan and Security Agreement (Omeros Corp), Loan and Security Agreement (Sciclone Pharmaceuticals Inc), Loan and Security Agreement (Cray Inc)
Encumbrance. (a) Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, ; or (b) permit any Collateral not to be subject to the first priority security interest granted hereherein, subject except for Permitted Liens that are permitted by the terms of this Agreement to Permitted Lienshave priority over the security interest granted to Lender hereunder.
Appears in 4 contracts
Samples: Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted LiensLiens permitted to have priority over the security interest granted to Agent hereunder, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 4 contracts
Samples: Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement (Expensify, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its propertyproperty (including its Intellectual Property), or assign or convey any right to receive income, including the sale of any AccountsAccounts (except as permitted by Section 7.1), or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Lienshereunder.
Appears in 3 contracts
Samples: Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Harmonic Inc), Loan and Security Agreement (Harmonic Inc)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or otherwise permit any Collateral not to be subject to the first priority security interest granted hereherein, subject except in connection with Permitted Liens permitted to Permitted Lienshave priority over Agent’s Lien.
Appears in 3 contracts
Samples: Loan and Security Agreement (Allurion Technologies Holdings, Inc.), Loan and Security Agreement (Tracon Pharmaceuticals, Inc.), Loan and Security Agreement (Porch Group, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 3 contracts
Samples: Loan Modification Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Sirf Technology Holdings Inc), Loan and Security Agreement (Callidus Software Inc)
Encumbrance. Create, incur, or allow any Lien on any of its propertyproperty (including its Intellectual Property), or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Lienshereunder.
Appears in 3 contracts
Samples: Loan and Security Agreement (Palm Inc), Loan and Security Agreement (Palmsource Inc), Loan and Security Agreement (Legato Systems Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein subject only to Permitted Liens.
Appears in 3 contracts
Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Harmonic Lightwaves Inc), Loan and Security Agreement (Cosine Communications Inc)
Encumbrance. Create, incur, allow, or allow suffer to exist any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to in each case except for Permitted Liens.
Appears in 3 contracts
Samples: Loan and Security Agreement (Sunlight Financial Holdings Inc.), Loan and Security Agreement (Sunlight Financial Holdings Inc.), Loan and Security Agreement (Spartan Acquisition Corp. II)
Encumbrance. Create, incur, or allow any Lien on any of its property, including the intellectual property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens.
Appears in 3 contracts
Samples: Loan and Security Agreement (Intrusion Inc), Silicon Valley Bank Loan and Security Agreement (Versant Corp), Loan and Security Agreement (Axesstel Inc)
Encumbrance. CreateExcept as is otherwise permitted hereunder and except for “Permitted Liens,” create, incur, or allow any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ista Pharmaceuticals Inc), Loan and Security Agreement (Ista Pharmaceuticals Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bottomline Technologies Inc /De/), Loan and Security Agreement (Open Solutions Inc)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject herein with the priority purported to Permitted Liensbe granted hereby.
Appears in 2 contracts
Samples: Agreement (RMG Networks Holding Corp), Loan and Security Agreement (RMG Networks Holding Corp)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, Liens or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.” and inserting in lieu thereof the following:
Appears in 2 contracts
Samples: Loan and Security Agreement (T2 Biosystems, Inc.), Loan and Security Agreement (T2 Biosystems, Inc.)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted LiensLiens or Permitted Factoring, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Alvarion LTD), Loan and Security Agreement (Alvarion LTD)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority Lender’s security interest granted herein the Collateral to change, subject to Permitted Liens.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Egain Communications Corp), Note and Warrant Purchase Agreement (Egain Communications Corp)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Force10 Networks Inc), Loan and Security Agreement (Force10 Networks Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Lienshereunder.
Appears in 2 contracts
Samples: Loan Agreement (Cypress Semiconductor Corp /De/), Loan and Security Agreement (Cypress Semiconductor Corp /De/)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.” and inserting in lieu thereof:
Appears in 2 contracts
Samples: Third Loan Modification Agreement (BG Medicine, Inc.), Third Loan Modification Agreement (BG Medicine, Inc.)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority (subject, in respect of priority, to Permitted Liens that, under applicable law, have priority over Collateral Agent’s Lien) security interest granted here, subject to Permitted Liensherein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vapotherm Inc), Loan and Security Agreement (Vapotherm Inc)
Encumbrance. Create, incur, or allow any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Isis Pharmaceuticals Inc), Loan and Security Agreement (Cancervax Corp)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 2 contracts
Samples: Subordination Agreement (Pulmonx Corp), Loan and Security Agreement (Fusion-Io, Inc.)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, the Collateral or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, Liens or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Relypsa Inc), Loan and Security Agreement (Relypsa Inc)
Encumbrance. Create, incur, or allow any Lien (except for Permitted Liens) on any of its propertyproperty (including its Intellectual Property), or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted herehereunder. Borrower may license its Intellectual Property in a manner consistent with Borrower’s ordinary course of business without notice to, subject to Permitted Liensor consent from, Bank.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Tivo Inc)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its propertyproperty (including any Intellectual Property), or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or otherwise permit any Collateral not to be subject to the first priority security interest granted hereherein, subject except in connection with Permitted Liens permitted to Permitted Lienshave priority over Collateral Trustee’s Lien.
Appears in 2 contracts
Samples: Loan and Security Agreement (Metacrine, Inc.), Loan and Security Agreement (Metacrine, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject only to Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Exa Corp), Loan and Security Agreement (Nuance Communications)
Encumbrance. CreateExcept for Permitted Liens, create, incur, allow, or allow suffer any Lien on any of its propertyproperty or assets, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject herein or otherwise pursuant to Permitted Liens.the Collateral Documents;
Appears in 2 contracts
Samples: Loan and Security Agreement (Novocure LTD), Loan and Security Agreement (Novocure LTD)
Encumbrance. CreateExcept for Permitted Liens, create, incur, allow, or allow suffer to exist any Lien on any of its propertyproperty or assets, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject in the Loan Documents or otherwise pursuant to Permitted Liensthe Collateral Documents.
Appears in 2 contracts
Samples: Loan Agreement (iRhythm Technologies, Inc.), Loan Agreement (iRhythm Technologies, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, including without limitation its intellectual property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Restricted Subsidiaries to do so, except for Permitted Liens, and, except as otherwise provided or contemplated in the Loan Documents, permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Luca Technologies Inc), Loan and Security Agreement (Luca Technologies Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted hereinterest, subject only to Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Object Design Inc), Loan and Security Agreement (Art Technology Group Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, Liens or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 2 contracts
Samples: Loan and Security Agreement (T2 Biosystems, Inc.), Loan and Security Agreement (T2 Biosystems, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, Intellectual Property or assign or convey any right to receive income, including the sale Intellectual Property of any Accounts, or permit any of its Subsidiaries to do soBorrower Subsidiary, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Silicon Storage Technology Inc), Loan and Security Agreement (Silicon Storage Technology Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank’s first priority security interest granted here, subject in the Collateral to Permitted Lienschange.
Appears in 2 contracts
Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject except in connection with Permitted Liens permitted to Permitted Lienshave priority over Bank’s Lien pursuant hereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (PROCEPT BioRobotics Corp), Loan and Security Agreement (Vapotherm Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the of Bank's first priority security interest granted here, subject in the Collateral to Permitted Lienschange.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, ----------- or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted here, in the Collateral subject only to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or ----------- assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted here, subject in the Collateral to Permitted Lienschange.
Appears in 1 contract
Samples: Loan and Security Agreement (Aml Communications Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to change in the priority of Bank’s first priority security interest granted here, subject to Permitted Liensin the Collateral.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted LiensLiens and the terms and conditions set forth in the Intercreditor Agreement.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted here, subject in the Collateral to Permitted Lienschange.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Imagex Com Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey convey, any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted LiensPermittedLiens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (American Science & Engineering Inc)
Encumbrance. (a) Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or (b) permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted here, subject to Permitted Liensinterest.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property (including its intellectual property), or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its propertyproperty (including its Intellectual Property), or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first or second priority security interest granted here, as applicable and subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to Permitted Liensexcept in accordance with the Intercreditor Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Colonnade Acquisition Corp.)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or otherwise permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to except in connection with Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Brilliant Earth Group, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to except in each case as is otherwise permitted in Section 7.1 hereof and the definition of “Permitted Liens” herein.
Appears in 1 contract
Samples: Loan and Security Agreement (U S Wireless Data Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens.” and inserting in lieu thereof the following:
Appears in 1 contract
Samples: Fifth Loan Modification Agreement (American Science & Engineering Inc)
Encumbrance. Create, incurIncur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, property or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Samples: Loan and Security Agreement (Falconstor Software Inc)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, Liens or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, ----------- or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted here, subject in the Collateral to Permitted Lienschange.
Appears in 1 contract
Samples: Loan and Security Agreement (Bio Imaging Technologies Inc)
Encumbrance. Create, incur, or allow any Lien Lien, except for Permitted Liens, on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Networth Technologies, Inc.)
Encumbrance. (a) Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, ; or (b) permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.granted
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of the Collateral or its intellectual property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Samples: Loan and Security Agreement (Specialized Health Products International Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, ----------- or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Agent's first priority security interest in the Collateral granted hereherein, subject only to Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Exodus Communications Inc)
Encumbrance. Create, incur, allow, or allow suffer to exist any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to in each case except for Permitted Liens.. 6.6
Appears in 1 contract
Samples: Loan and Security Agreement (Sunlight Financial Holdings Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, including the Intellectual Property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens.” and inserting in lieu thereof the following:
Appears in 1 contract
Samples: First Loan Modification Agreement (LTX-Credence Corp)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted herein the Collateral to change, subject to Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Egain Communications Corp)
Encumbrance. Create, incur, or allow any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Samples: Loan and Security Agreement (Trustwave Holdings, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, income or permit any of its Subsidiaries Guarantors to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any AccountsAccounts (other than pursuant to the Receivables Purchase Agreement), or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for for-Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer any Lien on the Collateral or any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer to exist any Lien on any of its property, property or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Special Purpose Entity to do so or permit any Collateral not to be subject to the first priority security interest granted here, subject to herein except for Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement
Encumbrance. Create, incur, or allow any Lien on any of its property, including the intellectual property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to herein except for Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any of its Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to except in connection with Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or otherwise permit any Collateral not to be subject to the first priority security interest granted hereherein, subject except in connection with Permitted Liens that are permitted to Permitted Liens.have priority over Collateral Trustee’s Lien, or enter into any agreement, document,
Appears in 1 contract
Samples: Loan and Security Agreement (Acumen Pharmaceuticals, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject only to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for (a) Permitted Liens, or (b) Transfers of Accounts in the ordinary course of Borrower’s business in exchange for cash or other unencumbered Property to an entity or entities regularly engaged in the purchase of such Accounts, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or otherwise permit any Collateral not to be subject to the first priority security interest granted hereherein, subject except in connection with Permitted Liens permitted to Permitted Liens.have priority over Collateral Trustee’s Lien. 205707600 v10
Appears in 1 contract
Samples: Loan and Security Agreement (Evelo Biosciences, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its ----------- property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted here, subject to Permitted Liensinterest.
Appears in 1 contract
Samples: Security Agreement (Switchboard Inc)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except except, in each case, for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to herein (other than Permitted LiensLiens which may have priority over Agent’s Liens in the Collateral in accordance with applicable law).
Appears in 1 contract
Encumbrance. CreateExcept for Permitted Liens, create, incur, allow, or allow suffer to exist any Lien on any of its property, properties or assets constituting Collateral owned or otherwise held by it or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensin the Loan Documents.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer to exist any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority Lenders’ security interest granted herein the Collateral to change, subject to Permitted Liens.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Egain Communications Corp)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.. 7.6
Appears in 1 contract
Samples: Loan and Security Agreement (Tanisys Technology Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any of Collateral not to be that is subject to the Bank's first priority security interest granted herein the Collateral to change, subject only to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its propertyCollateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its propertythe Assets, or assign or convey including any right to receive income, including income or the sale of any Accountsaccounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest granted hereherein, subject only to Permitted Liens.
Appears in 1 contract
Samples: Loan and Security Agreement (Synchronoss Technologies Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, ----------- or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its propertyproperty (including any Intellectual Property), or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or otherwise permit any Collateral not to be subject to the first priority security interest granted hereherein, subject except in connection with Permitted Liens permitted to Permitted Lienshave priority over Collateral Trustee’s Lien, as applicable.
Appears in 1 contract
Samples: Conformed Loan and Security Agreement (Metacrine, Inc.)
Encumbrance. Create, incur, or allow any Lien on any of its propertyCollateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted herehereunder, subject to Permitted Liens, or create, incur, or allow any Lien on any Fund Interests.
Appears in 1 contract
Samples: Loan and Security Agreement (Thomas Weisel Partners Group, Inc.)
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral of the Accounts or Inventory not to be subject to the first priority security interest granted here, subject to Permitted Liensherein.
Appears in 1 contract
Samples: Loan and Security Agreement (Ocz Technology Group Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, herein. The Collateral may also be subject to Permitted Liens, except for those liens arising under clause (c) of the definition of Permitted Liens.
Appears in 1 contract
Samples: Silicon Valley Bank Loan and Security Agreement (M Wave Inc)
Encumbrance. Create, incur, or allow any Lien on any of its property, ----------- or assign or convey any right to receive incomeincome (except to the Bank), including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the Bank's first priority security interest in the Collateral granted hereherein, subject only to Permitted Liens.
Appears in 1 contract
Encumbrance. Create, incur, allow, or allow suffer any Lien on any of its property, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or otherwise permit any Collateral not to be subject to the first priority security interest granted hereherein, subject except in connection with Permitted Liens permitted to Permitted Lienshave priority over Collateral Trustee’s Lien.
Appears in 1 contract
Samples: Loan and Security Agreement (Evelo Biosciences, Inc.)
Encumbrance. CreateExcept for Permitted Liens, create, incur, allow, or allow suffer any Lien on any of its propertyproperty or assets, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted here, subject herein or otherwise pursuant to Permitted Liensthe Collateral Documents.
Appears in 1 contract
Encumbrance. Create, incur, or allow any Lien on any of its propertythe Collateral, or assign or convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries to do so, except for Permitted Liens, or permit any Collateral not to be subject to the first priority security interest granted hereherein, subject to except as is otherwise permitted in Section 7.1 hereof and the definition of “Permitted LiensLien” herein.
Appears in 1 contract