Common use of No Prior Encumbrances Clause in Contracts

No Prior Encumbrances. Borrower has good and indefeasible title to the Collateral, free and clear of liens, claims, security interests, or encumbrances, except for the first priority lien held by the Lender and except for other Permitted Liens. Except as disclosed in Schedule 1, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's business.

Appears in 3 contracts

Samples: Loan and Security Agreement (Portal Software Inc), Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Array Biopharma Inc)

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No Prior Encumbrances. Borrower has good and indefeasible title to the CollateralCollateral and the Real Property, free and clear of liens, claims, security interests, or encumbrances, except for the first priority lien held by the Lender and except for other Permitted Liens. Except as disclosed in Schedule 1, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's business.

Appears in 3 contracts

Samples: Loan and Security Agreement (Bollinger Industries Inc), Loan and Security Agreement (Concurrent Computer Corp/De), Loan and Security Agreement (National Standard Co)

No Prior Encumbrances. Borrower has good and indefeasible title to the Collateral, free and clear of liens, claims, security interests, or encumbrances, except for the first priority lien held by the Lender and except for other Permitted Liens. Except as disclosed in Schedule 1, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's business.

Appears in 3 contracts

Samples: Loan and Security Agreement (Soundbite Communications Inc), Loan and Security Agreement (Nextcard Inc), Loan and Security Agreement (Soundbite Communications Inc)

No Prior Encumbrances. Borrower has good and indefeasible marketable title to the Collateral, free and clear of liens, claims, security interests, or encumbrances, except for the first priority lien held by the Lender and except for other Permitted Liens. Except as disclosed in Schedule 1, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's ’s business.

Appears in 2 contracts

Samples: Loan and Security Agreement (Aruba Networks, Inc.), Loan and Security Agreement (Riverbed Technology, Inc.)

No Prior Encumbrances. Borrower has good and indefeasible title to the Collateral, free and clear of liens, claims, security interests, or encumbrances, except for the first priority lien held by the Lender and except for other Lender, or Permitted Liens. Except as disclosed in Schedule 1, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's business.

Appears in 1 contract

Samples: Loan and Security Agreement (Vnus Medical Technologies Inc)

No Prior Encumbrances. Borrower has good and indefeasible title to the Collateral, free and clear of liens, claims, security interests, or encumbrances, except as listed on Schedule 5.6 and except for the first priority lien held by the Lender and except for other Permitted Liens. Except as disclosed in Schedule 1, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's business.

Appears in 1 contract

Samples: Loan and Security Agreement (Alnylam Pharmaceuticals Inc)

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No Prior Encumbrances. Borrower has good and indefeasible title to the Collateral, free and clear of liens, claims, security interests, or encumbrances, encumbrances except for the first priority lien held by the Lender and except for other Permitted Liens. Except as disclosed in Schedule 1, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's business.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Network Inc)

No Prior Encumbrances. Borrower has good and indefeasible title to the Collateral, free and clear of liens, claims, security interests, or encumbrances, except for the first priority lien held by the Lender and except for other Permitted Liens. Except as disclosed in Schedule 1SCHEDULE I, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's business.

Appears in 1 contract

Samples: Loan and Security Agreement (Skystream Networks Inc)

No Prior Encumbrances. Borrower has good and indefeasible title to the Collateral, free and clear of liens, claims, security interests, or encumbrances, except for the first priority lien held by the Lender Agent and except for other Permitted Liens. Except as disclosed in Schedule 1SCHEDULE 2, Borrower has not acquired any part of the Collateral from an assignor outside the ordinary course of such assignor's business.

Appears in 1 contract

Samples: Loan and Security Agreement (Webvan Group Inc)

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