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

Rights in Collateral; Priority of Liens. All of the Collateral of the Borrower is owned or leased by it free and clear of any and all Liens in favor of third parties, other than Liens in favor of the Agent and Permitted Liens. Upon the proper filing of the financing and termination statements specified in Section 5.1(a)(iii), the Liens granted by the Borrower under this Agreement constitute valid, enforceable and perfected first priority Liens on the Collateral.

Appears in 3 contracts

Samples: Loan and Security Agreement (American Railcar Industries, Inc.), Loan and Security Agreement (American Railcar Industries, Inc./De), Loan and Security Agreement (American Railcar Industries, Inc./De)

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Rights in Collateral; Priority of Liens. All of the Collateral of the Borrower is owned or leased by it free and clear of any and all Liens in favor of third parties, other than Liens in favor of the Administrative Agent and Permitted Liens. Upon the proper filing of financing statements under the financing and termination statements specified in Section 5.1(a)(iii)UCC, the Liens granted by the Borrower under this Agreement constitute valid, enforceable and perfected first priority Liens on the Collateral.

Appears in 2 contracts

Samples: Loan and Security Agreement (Westpoint International Inc), Loan and Security Agreement (American Real Estate Partners L P)

Rights in Collateral; Priority of Liens. All of the Collateral of the Borrower is owned or leased by it free and clear of any and all Liens in favor of third parties, other than Liens in favor of the Agent and Permitted LiensLender. Upon the proper filing of the financing and termination statements specified in Section 5.1(a)(iii), the The Liens granted by the Borrower under pursuant to this Agreement constitute valid, enforceable and perfected first priority Liens on the Collateral.

Appears in 1 contract

Samples: Loan and Pledge Agreement (Energy Recovery, Inc.)

Rights in Collateral; Priority of Liens. All of the Collateral of the such Borrower is owned or leased by it free and clear of any and all Liens in favor of third parties, other than Liens in favor of the Agent Lender and Permitted Liens. Upon the proper filing of the financing and termination statements specified in Section 5.1(a)(iii5.1(a)(v), the Liens granted by such Borrower pursuant to the Borrower under this Agreement Loan Documents constitute valid, enforceable and perfected first priority Liens on the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Del Global Technologies Corp)

Rights in Collateral; Priority of Liens. All of Each Borrower owns the property granted by it as Collateral under the Collateral of the Borrower is owned or leased by it Documents, free and clear of any and all Liens in favor of third parties, parties other than Permitted Liens. Entry of the Interim Borrowing Order is sufficient to cause the Liens granted pursuant to the DIP Orders and the Collateral Documents to constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of the Agent and Permitted Liens. Upon the proper filing of the financing and termination statements specified in Section 5.1(a)(iii), the Liens granted by the Borrower under this Agreement constitute valid, enforceable and perfected first priority Liens on the CollateralDIP Lender.

Appears in 1 contract

Samples: bankrupt.com

Rights in Collateral; Priority of Liens. All of the Collateral of the Borrower is owned or leased by it free and clear of any and all Liens in favor of third parties, other than Liens in favor of the Administrative Agent and Permitted Liens. Upon the proper filing of the financing and termination statements specified in Section 5.1(a)(iii), the The Liens granted by the Borrower under this Agreement constitute valid, enforceable and perfected first priority Liens on the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Icahn Enterprises L.P.)

Rights in Collateral; Priority of Liens. All of the Collateral of the Borrower is owned or leased by it the Borrower, free and clear of any and all Liens in favor of third parties, other than Liens in favor of the Agent and Permitted Liens. Upon the proper filing of the financing statements and the termination statements specified in Section 5.1(a)(iii5.1(a)(xii), the Liens granted by pursuant to the Borrower under this Agreement Loan Documents constitute validvalid and enforceable first (except for Permitted Liens), enforceable prior and perfected first priority Liens on the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Chi Energy Inc)

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Rights in Collateral; Priority of Liens. All of the Collateral of the Borrower is owned or leased by it the Borrower or the Pledgors, as applicable, free and clear of any and all Liens in favor of third partiesLiens, other than Liens in favor of the Agent and Permitted Liens. Upon the proper filing of the financing statements and the termination statements specified in Section 5.1(a)(iii5.1(a)(vii), the Liens granted by pursuant to the Borrower under this Agreement Loan Documents constitute validvalid and enforceable first, enforceable prior and perfected first priority Liens on the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (Chi Energy Inc)

Rights in Collateral; Priority of Liens. All of the Collateral of the Borrower and its Subsidiaries is owned or leased by it each such entity free and clear of any and all Liens in favor of third parties, other than Liens in favor of the Agent Lender and Permitted Liens. Upon the proper filing occurrence of the financing and termination statements filings specified in Section 5.1(a)(iiiSchedule 6.1(w), the Liens granted by the Borrower under this Agreement and its Subsidiaries to the Lender pursuant to the Loan Documents will constitute valid, enforceable and perfected first priority Liens on the Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (SLM Holdings, Inc.)

Rights in Collateral; Priority of Liens. All of the Collateral of the Borrower is owned or leased by it free and clear of any and all Liens in favor of third partiesLiens, other than Liens in favor of the Agent and Permitted Liens. Upon the proper filing of the financing and termination statements specified in Section 5.1(a)(iii), the The Liens granted by Borrower pursuant to the Borrower under this Agreement Loan Documents constitute valid, enforceable and perfected first priority Liens on the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Vizio, Inc.)

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