Common use of Lien Priority Clause in Contracts

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 4 contracts

Samples: Business Loan Agreement (Ivt Software Inc), Business Loan Agreement (Ivt Software Inc), Business Loan Agreement (Ivt Software Inc)

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Lien Priority. Unless otherwise previously disclosed to Lender in writing. , and other than with respect to liens permitted or provided for under this Agreement or the Related Documents, Borrower has not entered into or granted any Security Agreementssecurity agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may that, as of the date of this Agreement, are in any way be existence and are superior to LenderXxxxxx's Security Interests and rights in and to such Collateral.

Appears in 4 contracts

Samples: Business Loan Agreement (Hancock Park Corporate Income, Inc.), Business Loan Agreement (OFS Capital Corp), Business Loan Agreement (Hancock Park Corporate Income, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. writing and except for Permitted Liens, Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 3 contracts

Samples: Business Loan Agreement (Niku Corp), Commercial Security Agreement (Niku Corp), Business Loan Agreement (Niku Corp)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 3 contracts

Samples: Business Loan Agreement (Liberator Medical Holdings, Inc.), Business Loan Agreement (Ddi Corp), Loan Agreement (Hytek Microsystems Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has (and its subsidiaries and affiliates) have not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and NoteNotes, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 2 contracts

Samples: Business Loan Agreement (Farmland Partners Inc.), Business Loan Agreement (Farmland Partners Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests interests and rights in and to such Collateral.

Appears in 2 contracts

Samples: Loan Agreement (Apollo Medical Holdings, Inc.), Business Loan Agreement (Landec Corp \Ca\)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such CollateralIndebtedness.

Appears in 2 contracts

Samples: Business Loan Agreement (SKM Media Corp.), Acknowledgement and Agreement (Genitope Corp)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.. CONSTRUCTION LOAN AGREEMENT (Continued)

Appears in 2 contracts

Samples: Construction Loan Agreement (Shepherd's Finance, LLC), Construction Loan Agreement (Shepherd's Finance, LLC)

Lien Priority. Unless otherwise Except as previously disclosed to and approved by Lender in writing. , Borrower has not entered into or granted any Security Agreements, Instruments or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior to, or that may in any way be superior to to, Lender's ’s Security Interests and rights in and to such the Collateral.

Appears in 2 contracts

Samples: Commercial Loan Agreement (Ballantyne Strong, Inc.), Construction Loan Agreement (CNL Growth Properties, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. writing and except for Permitted Liens, Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 2 contracts

Samples: Business Loan Agreement (Exactech Inc), Business Loan Agreement (Niku Corp)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has not entered into or granted any Security AgreementsInterests, or permitted consented to the filing or attachment of any Security Interests on or affecting any of the Collateral as of the Effective Date that directly or indirectly securing secures repayment of Borrower's Loan the Loans and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateralthe Notes.

Appears in 2 contracts

Samples: Loan Agreement (Laird Superfood, Inc.), Loan Agreement (Laird Superfood, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests Interest on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 2 contracts

Samples: Loan Agreement (Synergetics Usa Inc), Business Loan Agreement (Super Micro Computer, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreementssecurity agreements, or permitted the filing or attachment of any Security Interests security interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and the Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 2 contracts

Samples: Loan Agreement (OVERSTOCK.COM, Inc), Loan Agreement (OVERSTOCK.COM, Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower (or any of Borrower's affiliates) has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateralcollateral.

Appears in 2 contracts

Samples: Business Loan Agreement (Capitol First Corp), Business Loan Agreement (Capitol Communities Corp)

Lien Priority. Unless otherwise previously disclosed to Lender lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 2 contracts

Samples: Business Loan Agreement (Direct Focus Inc), Business Loan Agreement (Flotek Industries Inc/Cn/)

Lien Priority. Unless Except for permitted liens or otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 2 contracts

Samples: Business Loan Agreement (Covol Technologies Inc), Loan Agreement (Headwaters Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, . or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Loan Agreement (Torotel Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security AgreementsAgreement, or permitted the filing or attachment of any Security Interests interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Business Loan Agreement (CyDex Pharmaceuticals, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security AgreementsAgrxxxxxxx, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such CollateralColxxxxxxl.

Appears in 1 contract

Samples: Loan Agreement (Red Trail Energy, LLC)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.’s Indebtedness. BUSINESS LOAN AGREEMENT (ASSET BASED) (Continued)

Appears in 1 contract

Samples: Business Loan Agreement (American Electric Technologies Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Business Loan Agreement (Dolphin Entertainment, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in In writing. , Borrower has not entered into Into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly Indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in In any way be superior to Lender's Security Interests and rights in In and to such Collateral.

Appears in 1 contract

Samples: American Fire Retardant Corp

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, the Loans that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such the Collateral.

Appears in 1 contract

Samples: Business Loan Agreement (Arts Way Manufacturing Co Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, Agreements or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Business Loan Agreement (TSS, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into enterxx xxxx or granted any Security Agreements, or permitted the filing or attachment of any Security Interests interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Loan Agreement (Coeur D Alenes Co /Ia/)

Lien Priority. Unless otherwise previously disclosed to Lender in In writing. , Borrower has not entered into Into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Assignment and Security Agreement (Obsidian Enterprises Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.. CONSTRUCTION LOAN AGREEMENT (Continued)

Appears in 1 contract

Samples: Construction Loan Agreement (Shepherd's Finance, LLC)

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Lien Priority. Unless otherwise previously disclosed to Lender in In writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Wilmington Trust Business Loan Agreement (Astropower Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Except for Permitted Liens, Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Business Loan Agreement (FGI Industries Ltd.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , and other than with respect to liens permitted or provided for under this Agreement or the Related Documents, Borrower has not entered into or granted any Security Agreementssecurity agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may that, as of the date of this Agreement, are in any way be existence and are superior to LenderLxxxxx's Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Business Loan Agreement (OFS Capital Corp)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has not entered into Into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and end rights in and to such Collateral.

Appears in 1 contract

Samples: Business Loan Agreement (Premier Financial Bancorp Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has writing and except for purchase money liens and other Permitted Liens, Borrowers have not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and NoteNotes, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Security Agreement (Telanetix,Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into enterxx xxxx or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests Intexxxxx and rights in and to such Collateral.

Appears in 1 contract

Samples: Loan Agreement (Category 5 Technologies Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, security interest or permitted the filing or attachment of any Security Interests security interest on or affecting the Property or any of other Collateral described in the Collateral Security Agreement or Trust Deed or directly or indirectly securing repayment of Borrower's the Loan and the Note, that would be prior or that may in any way be superior to Lender's Security Interests ’s security interests and rights in and to such Property or Collateral.

Appears in 1 contract

Samples: Construction and Term Loan Agreement

Lien Priority. Unless otherwise previously Except as disclosed to Lender in writing. the Disclosure Schedule, Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.. (revised 12/1/08)

Appears in 1 contract

Samples: Business Loan Agreement (CarePayment Technologies, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has writing and except for purchase money liens and other Permitted Liens, Borrowers have not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and the Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Telanetix,Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , and with the exception of Permitted Liens, Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Borrowers Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.. 10 (j)

Appears in 1 contract

Samples: Loan Agreement (Phillips R H Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, Agreements or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's ’s Loan and Note, . that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Loan Agreement (Torotel Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has not entered into or granted any Security Agreementssecurity agreements, or permitted the filing or attachment of any Security Interests security interests on or affecting any of the Collateral Secured Property directly or indirectly securing repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests ’s security interests and rights in and to the Secured Property except for the Permitted Encumbrances and such Collateralrights as are granted to others thereunder without Borrower’s discretionary consent.

Appears in 1 contract

Samples: Loan Agreement (BitNile Holdings, Inc.)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing occurring repayment of Borrower's ’s Loan and Note, that would be prior or that may in any way be superior to Lender's ’s Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Business Loan Agreement (Versant Corp)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered nox xxxxxxd into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests Securixx Xxxerests and rights in and to such Collateral.

Appears in 1 contract

Samples: Loan Agreement (Oakridge Holdings Inc)

Lien Priority. Unless otherwise Except as previously disclosed to and approved by Lender in writing. , Borrower has not entered into or granted any Security Agreements, Instruments or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior to, or that may in any way be superior to to, Lender's Security Interests and rights in and to such the Collateral.

Appears in 1 contract

Samples: Loan Agreement (Investors Title Co)

Lien Priority. Unless otherwise previously disclosed to Lender the Administrative Agent in writing. , the Borrower has not entered into or granted any Security Agreementssecurity agreements, or permitted the filing or attachment of any Security Interests security interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's the security interests created by the Security Interests Documents and rights in and to such the Collateral, other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Piccadilly Cafeterias Inc)

Lien Priority. Unless otherwise previously disclosed to Lender in writing. , Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly indirectly, securing repayment of Borrower's Loan and Note, that would be prior or that may in any way be superior to Lender's Security Interests and rights in and to such Collateral.

Appears in 1 contract

Samples: Amphastar Pharmaceuticals, Inc.

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