Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).
Appears in 78 contracts
Samples: Loan Agreement (Solitron Devices Inc), Loan Agreement (HireQuest, Inc.), Loan Agreement (Thorne Healthtech, Inc.)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)loan.
Appears in 18 contracts
Samples: Business Loan Agreement (Impco Technologies Inc), Business Loan Agreement (Ashworth Inc), Agreement (Arris Pharmaceutical Corp/De/)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for the extensions of credit under this Agreement (or any guaranty)Agreement.
Appears in 9 contracts
Samples: America Business Loan Agreement (Sunrise Preschools Inc/De/), Business Loan Agreement (Garcia Ernest C Ii), Loan Agreement (Image Entertainment Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement.
Appears in 8 contracts
Samples: Loan Agreement (Cumberland Pharmaceuticals Inc), Loan Agreement (Super Micro Computer, Inc.), Loan Agreement (Cumberland Pharmaceuticals Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any liens permitted hereunder and prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)loan.
Appears in 3 contracts
Samples: Business Loan Agreement (Travis International Inc), America Business Loan Agreement (Travis International Inc), Travis International Inc
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement if (i) the security interest and lien can be perfected and achieve priority by the filing of financing statements under the Uniform Commercial Code, or any guaranty)(ii) the security interest and lien covers specific collateral not covered by clause (i) with respect to which the Bank has specifically requested perfection and priority of its security interest and lien.
Appears in 2 contracts
Samples: Loan Agreement (Graham Corp), Loan Agreement (Graham Corp)
Lien Priority. The Except for Permitted Liens, the Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Redhook Ale Brewery Inc), Loan Agreement (Craft Brewers Alliance, Inc.)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)of the Loan Documents.
Appears in 2 contracts
Samples: Business Loan Agreement (Hawker Pacific Aerospace), Business Loan Agreement (Hawker Pacific Aerospace)
Lien Priority. The Bank fails to have an enforceable first lien ------------- (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)loan.
Appears in 2 contracts
Samples: Business Loan Agreement (Image Entertainment Inc), Business Loan Agreement (Impco Technologies Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens permitted by this Agreement or to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).
Appears in 2 contracts
Samples: Business Loan Agreement (TRM Corp), Business Loan Agreement (TRM Corp)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens which are expressly permitted to exist under this 42 Agreement or as to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)the advances.
Appears in 2 contracts
Samples: Business Loan Agreement (Educational Medical Inc), Business Loan Agreement (Educational Medical Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Nautilus, Inc.), Business Loan Agreement (Global Vacation Group Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing, including the Permitted Encumbrances) on or security interest in any property given as security for this Agreement (or any guaranty)loan, including a Prior Preferred Claim.
Appears in 1 contract
Samples: Loan and Security Agreement (Idw Media Holdings, Inc.)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement, subject to Permitted Liens.
Appears in 1 contract
Samples: Loan Agreement (Move Inc)
Lien Priority. The Bank fails to have an enforceable first lien ------------- (except for any prior liens to which the Bank has consented in writingset forth on Schedule 7.8) on or security interest in any property given as security for the loans to be advanced to the Borrower pursuant to this Agreement (or any guaranty)Agreement.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in the Collateral or any property other properly given as security for this Agreement (or any guaranty).. 83 False Information. The Borrower has given the Bank false or misleading information or representations. 8.4
Appears in 1 contract
Samples: Secured Business Loan Agreement (Greg Manning Auctions Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property properly given as security for this Agreement (or any guaranty).
Appears in 1 contract
Samples: Loan Agreement (Vertex Energy Inc.)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).Agreement. 11.7
Appears in 1 contract
Samples: Credit Agreement Between Tejon Ranchcorp (Tejon Ranch Co)
Lien Priority. The Bank fails Banks fail to have an enforceable first lien (except for any prior liens to which the Bank has Banks have consented in writing) on or security interest in any property given Collateral (other than "Emission Rights," as security for this Agreement (or any guarantydefined in AB Security Agreement).
Appears in 1 contract
Samples: Commercial Loan Agreement (Compass Plastics & Technologies Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)) except where the Bank has failed to maintain possession of certificates actually delivered to it representing securities pledged as collateral hereunder or to file Uniform Commercial Code financing statements or continuation statements or other equivalent filings.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty). 10.8.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writingwriting or except for those liens allowed pursuant to Paragraph 7.8 of this Agreement) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement.
Appears in 1 contract
Samples: Agreement (Amplicon Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for Permitted Liens or any other prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)the Collateral.
Appears in 1 contract
Samples: Loan Agreement (Natco Group Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Collateral.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for (a) any prior liens to which the Bank has consented in writing, or (b) Acquisition Debt Liens) on or security interest in any property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement.
Appears in 1 contract
Samples: Loan Agreement (Video Display Corp)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writingPermitted Liens) on or security interest in any property given as security for this Agreement (or any guaranty), except for property sold, assigned, leased, transferred or otherwise disposed of in a manner not prohibited under this Agreement.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)the advances.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given Collateral (other than "Emission Rights," as security for this Agreement (or any guarantydefined in the Security Agreement).
Appears in 1 contract
Samples: Commercial Loan Agreement (Compass Plastics & Technologies Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security security, interest in any property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Samples: Holding Company Loan Agreement (Intermountain Community Bancorp)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writingPermitted Liens) on or security interest in any property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Samples: Loan Agreement (Annie's, Inc.)
Lien Priority. The Bank fails to have an enforceable first lien (except for Permitted Liens or any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).. 9.7
Appears in 1 contract
Samples: Active 696074304v9 Loan Agreement (Lifevantage Corp)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement the Note (or any guaranty).
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guarantyGuaranty).
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for liens permitted hereunder and except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Loan Agreement.
Appears in 1 contract
Samples: Loan Agreement (Immunomedics Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement, subject to Liens permitted by Section 9.9.
Appears in 1 contract
Samples: Loan and Security Agreement (Kewaunee Scientific Corp /De/)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writingwriting or liens permitted under Sections 8.4(b), (d), (e) and (f) of this Agreement) on or security interest in any property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for Permitted Liens or any prior liens Liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement.
Appears in 1 contract
Samples: Loan Agreement (Sport Chalet Inc)
Lien Priority. The Bank fails to have an enforceable first lien ------------- (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Samples: Business Loan Agreement (Prolong International Corp)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty). 7.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)β.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)loan."
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien ------------- (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)credit.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for liens permitted under this Agreement and any prior liens to which the Bank has consented in writing) on or security interest in any material property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first priority lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Collateral.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).. Ref #: 1000225232 : β RESOURCES CONNECTION INC. Standard Loan Agreement -11- Revised 2/2005
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guarantyexcept for proceeds of collateral spent in the ordinary course of business).
Appears in 1 contract
Samples: Business Loan Agreement (Network Equipment Technologies Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writingwriting or are noted in the Title Policy) on or security interest in any property given of the Collateral as security for the Loan or this Agreement (or any guaranty)Agreement.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for Permitted Liens or any other prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Samples: Loan Agreement (Gse Systems Inc)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any material property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)the Cash Collateral Account.
Appears in 1 contract
Samples: Loan Agreement (Remark Media, Inc.)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty)Agreement, subject to Liens permitted by Section 7.9.
Appears in 1 contract
Samples: Loan and Security Agreement (Kewaunee Scientific Corp /De/)
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writingwriting or are noted in the Title Policy) on or security interest in any property given of the Collateral as security for the Loans or this Agreement (or any guaranty)Agreement.
Appears in 1 contract
Lien Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).Agreement
Appears in 1 contract