Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens to which Lender has consented in writing) on or security interest in the Collateral.
Appears in 30 contracts
Samples: Business Financing Agreement (Socket Mobile, Inc.), HTM Agreement, Business Financing Agreement (Giga Tronics Inc)
Lien Priority. The Lender fails to have an enforceable first lien (except for any prior liens to which the Lender has consented in writing) on or security interest in the Collateralany property given as security for this Agreement (or any guaranty).
Appears in 3 contracts
Samples: Loan Agreement (Stryve Foods, Inc.), Loan Agreement (Stryve Foods, Inc.), Non Recourse Loan and Security Agreement
Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens to which Lender has consented in writing) on or security interest in the Collateral.
Appears in 3 contracts
Samples: Business Financing Agreement, Business Financing Agreement (E2open Inc), Business Financing Agreement (E2open Inc)
Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens to which Lender has consented in writingwriting or liens with respect to Permitted Indebtedness for purchase money indebtedness (including capital leases)) on or security interest in the Collateral.
Appears in 3 contracts
Samples: Business Financing Agreement, Business Financing Agreement (Selectica Inc), Business Financing Agreement (Selectica Inc)
Lien Priority. The Lender fails to have an enforceable first lien (except for any prior liens to which the Lender has consented in writing) on or security interest in any property given as security for the CollateralTerm Loan.
Appears in 2 contracts
Samples: Wynn Resorts LTD, Wynn Resorts LTD
Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens to which Lender has consented in writingwriting and Permitted Liens securing purchase money indebtedness under clause (c) of the definition of “Permitted Indebtedness” hereunder) on or security interest in the Collateral.
Appears in 1 contract
Samples: Business Financing Agreement (Arlo Technologies, Inc.)
Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens to which Lender has consented in writing) on or security interest in the Primary Collateral.
Appears in 1 contract
Samples: Business Financing Agreement (Southwall Technologies Inc /De/)
Lien Priority. Lender fails to have an enforceable first priority lien (except for any prior liens to which Lender has consented in writing) on or security interest in the Collateral.
Appears in 1 contract
Samples: Business Financing Agreement (Digital Turbine, Inc.)
Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens or Permitted Liens to which Lender has consented in writing) on or security interest in the Collateral.
Appears in 1 contract
Lien Priority. Lender fails to have an enforceable first lien (except for liens described in clause (c) of the definition of Permitted Indebtedness and any other prior liens to which Lender has consented in writing) on or security interest in the Collateral.
Appears in 1 contract
Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens to which Lender has consented in writing) on or security interest in the Collateralany property given as security for this Agreement (or any guaranty).
Appears in 1 contract
Lien Priority. Lender fails falls to have an enforceable first lien (except for any prior liens to which Lender has consented in writing) on or security interest in the Collateral.
Appears in 1 contract
Lien Priority. Lender fails to have an enforceable first lien (except for Permitted Liens that may have priority as expressly permitted herein and any prior liens to which Lender has consented in writing) on or security interest in the Collateral.
Appears in 1 contract
Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens to which Lender has consented in writingwriting and Permitted Liens that are senior in priority) on or security interest in the Collateral.
Appears in 1 contract
Samples: Business Financing Agreement (ADESTO TECHNOLOGIES Corp)
Lien Priority. The Lender fails to have an enforceable first lien (except for any prior liens to which the Lender has consented in writing) on or security interest in the Collateral.
Appears in 1 contract
Samples: Loan Agreement (Globetrac Inc)
Lien Priority. Lender fails to have an enforceable first lien (except for any prior liens to which Lender has consented in writingwriting and for Permitted Liens which may pursuant to this Agreement or operation of law have priority over Lender’s liens) on or security interest in the Collateral.
Appears in 1 contract
