Common use of Rights in Collateral; Priority of Liens Clause in Contracts

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by Lender, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of Lender.

Appears in 5 contracts

Samples: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)

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Rights in Collateral; Priority of Liens. Borrower and each other Each Loan Party own owns the property granted by it as Collateral under the Collateral Loan Documents, free and clear of any and all Liens in favor of third partiesparties other than Permitted Liens. Upon the proper filing of the UCC financing statements, and the taking of the other actions required by Lender, the Liens in the Collateral granted to Lender pursuant to the Collateral Loan Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of LenderCollateral, subject only to Permitted Liens.

Appears in 4 contracts

Samples: Credit Agreement (Ipass Inc), Credit Agreement (Ipass Inc), Credit Agreement (Ipass Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesexcept Permitted Liens. Upon the proper filing of the Oil and Gas Mortgages and UCC financing statements, and the taking of the other actions required by Lenderthe Majority Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of LenderAgent for the ratable benefit of the Secured Parties, subject to Permitted Liens.

Appears in 3 contracts

Samples: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon Except as otherwise provided in Schedule 5.19, upon the proper filing of UCC financing statements, and the taking of the other actions required by Lenderthe Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of LenderAgent, for the ratable benefit of Agent and Lenders.

Appears in 3 contracts

Samples: Security Agreement (Flow International Corp), Credit Agreement (Flow International Corp), Credit Agreement (Flow International Corp)

Rights in Collateral; Priority of Liens. Borrower and each other Each of the Loan Party own Parties owns the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesother than Permitted Liens. Upon the proper filing of UCC financing statements, and the taking of the other actions required by Lenderthe Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of Lenderthe Administrative Agent, for the benefit of the Secured Parties.

Appears in 2 contracts

Samples: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties (other than Liens permitted by the Pledge Agreement). Upon the proper filing of UCC financing statements, and the taking of the other actions required by Lenderthe Lender (including the execution of control agreements governing investment or deposit accounts), the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of Lender.

Appears in 2 contracts

Samples: Credit Agreement (Gen Probe Inc), Credit Agreement (Gen Probe Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties other than Liens permitted by Section 7.01. Upon the proper filing of UCC financing statements, statements and the taking of the other actions required by LenderLender or the law, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable enforceable, (subject to Liens arising by operation of law, incurred in the ordinary course of business) first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of Lender.

Appears in 1 contract

Samples: Credit Agreement (Lydall Inc /De/)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesexcept Permitted Liens. Upon the proper filing of the Oil and Gas Mortgages and UCC financing statements, and the taking of the other actions required by Lender, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior first priority (except with respect to any Permitted Liens) and perfected Liens on the Collateral (to the extent that Liens on the Collateral a Lien thereon can be perfected by the filing of mortgages or UCC financing statements) Liens on the Collateral in favor of Lender.

Appears in 1 contract

Samples: Credit Agreement (Evolution Petroleum Corp)

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Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by LenderBank, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of LenderBank.

Appears in 1 contract

Samples: Pledge Agreement (Usana Health Sciences Inc)

Rights in Collateral; Priority of Liens. Borrower Borrowers and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions contemplated by the Loan Documents or required by Lenderthe Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of LenderAdministrative Agent, for the ratable benefit of the Secured Parties.

Appears in 1 contract

Samples: Credit Agreement (Summer Infant, Inc.)

Rights in Collateral; Priority of Liens. The Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral DocumentsSecurity Instruments, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statementsstatements and recordation of the Mortgage, and the taking of the other actions required by the Lender, the Liens granted pursuant to the Collateral Documents Security Instruments will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of the Lender.

Appears in 1 contract

Samples: Loan Agreement (Solar Power, Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties except as disclosed in Schedule 7.01 and except as permitted herein. Upon the proper filing of UCC financing statements, and the taking of the other actions required by Lender, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of Lender.

Appears in 1 contract

Samples: Security Agreement (Planar Systems Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Each Loan Party own owns the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties, other than those specifically disclosed on Schedule 7.01. Upon the proper filing of UCC financing statements, and the taking of the other actions required by Lender, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of LenderLender (subject to Permitted Liens).

Appears in 1 contract

Samples: Credit Agreement (Tasty Baking Co)

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