Common use of Absence of Financing Statements, etc Clause in Contracts

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 23 contracts

Samples: Credit Agreement (Safety Insurance Group Inc), Term Loan Agreement (CAI International, Inc.), Revolving Credit Agreement (Coach Inc)

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Absence of Financing Statements, etc. Except with respect to Other than Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that which purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries Borrower, or any rights relating thereto.

Appears in 9 contracts

Samples: Revolving Credit Agreement (Waste Connections Inc/De), Revolving Credit and Term Loan Agreement, Revolving Credit Agreement (Waste Connections Inc/De)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower CAI or any of its Subsidiaries or any rights relating thereto.

Appears in 5 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no effective financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that purports to cover, affect or give notice of any present or possible future office which perfects a Lien on any assets or property of the Borrower or any of its Subsidiaries or any rights relating theretothe Borrowers.

Appears in 5 contracts

Samples: Specified Acquisition Loan Joinder (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower any Loan Party or any of its Subsidiaries or any rights relating thereto.

Appears in 5 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Credit Agreement (Crystal Rock Holdings, Inc.)

Absence of Financing Statements, etc. Except with respect ------------------------------------ to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 5 contracts

Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Parent, the Borrower or any of its the Subsidiaries or any rights relating thereto.

Appears in 5 contracts

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there There is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien lien on any assets or property of the Borrower or any Pledged Collateral other than those in favor of its Subsidiaries or any rights relating theretothe Administrative Agent.

Appears in 5 contracts

Samples: Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD), Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating thereto.

Appears in 4 contracts

Samples: Note Purchase and Private Shelf Agreement (Allient Inc), Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (Allied Motion Technologies Inc)

Absence of Financing Statements, etc. Except with respect to Other than Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that which purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries Borrower, or any rights relating thereto.

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Credit Agreement (Waste Connections, Inc.), Term Loan Agreement (Waste Connections, Inc.)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating thereto.

Appears in 3 contracts

Samples: Senior Secured Note Purchase Agreement (Oglebay Norton Co /Ohio/), Note Purchase Agreement (Eagle Test Systems, Inc.), Note Purchase Agreement (Eagle Test Systems, Inc.)

Absence of Financing Statements, etc. Except with respect to for Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries Obligor or any rights relating thereto.

Appears in 3 contracts

Samples: Note Purchase Agreement (Sypris Solutions Inc), Note Purchase Agreement (Sypris Solutions Inc), Note Purchase Agreement (Sypris Solutions Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage, vessel mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Hvide Marine Inc), Debtor in Possession Revolving Credit and Term Loan Agreement (Hvide Marine Inc), Revolving Credit and Term Loan Agreement (Hvide Marine Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, office that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries the Loan Parties or any rights relating thereto.

Appears in 3 contracts

Samples: Credit Agreement (Global Partners LP), Credit Agreement (Global Partners LP), Credit Agreement (Global Partners LP)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower or any of its Subsidiaries or any rights relating theretoCollateral.

Appears in 3 contracts

Samples: Credit Agreement (Bombay Company Inc), Term Loan Agreement (Bombay Co Inc), Loan and Security Agreement (Bombay Company Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower or any of its Subsidiaries or any rights relating theretoLoan Party.

Appears in 3 contracts

Samples: Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Guarantor, the Borrower or any of its their Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Filenes Basement Corp), Revolving Credit Agreement (Filenes Basement Corp)

Absence of Financing Statements, etc. Except To the best of the Apparel Obligors' knowledge, except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or owned by any of its Subsidiaries Apparel Obligor or any rights relating thereto.

Appears in 2 contracts

Samples: Credit Agreement (Baker J Inc), Credit Agreement (Baker J Inc)

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens permitted by paragraph 6C hereof, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Private Shelf Agreement (Tennant Co), Note Purchase and Private Shelf Agreement (Spartan Motors Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property Property of the Borrower or any of its Restricted Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)

Absence of Financing Statements, etc. Except with respect to Other than Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that which purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries Subsidiaries, or any rights relating thereto.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, financing charge statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of any of the Borrower Borrowers or any of its their Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Holmes Products Corp), Revolving Credit and Term Loan Agreement (Holmes Group Inc)

Absence of Financing Statements, etc. Except with respect to ------------------------------------ Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate Real Estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries Omnipoint Loan Party or any rights relating thereto.

Appears in 2 contracts

Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower Issuer or any of its the Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Note Purchase Agreement (Emmis Communications Corp)

Absence of Financing Statements, etc. Except with respect to for Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that which purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower Company or any of its Subsidiaries (other than Foreign Subsidiaries) or any rights relating theretothereunder.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Hasbro Inc), Line of Credit Agreement (Hasbro Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of any of the Borrower Borrowers, the Guarantors or any of its their Subsidiaries or any rights relating thereto, including assets acquired as part of any Acquisition and rights relating to such assets.

Appears in 2 contracts

Samples: Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Absence of Financing Statements, etc. Except with in respect to of Permitted Liens, there is no financing statement, PPSA filing, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries Collateral or any rights relating thereto.

Appears in 2 contracts

Samples: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens not prohibited hereby and any financing statements incorrectly filed against the Company, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Master Note Agreement (Graco Inc), Note Agreement (Graco Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower any Loan Parties or any of its respective Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Absence of Financing Statements, etc. Except with respect to Permitted Liensthe Liens permitted by paragraph 6C hereof, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Parent, the Company or any of its Subsidiaries other Subsidiary or any rights relating thereto.

Appears in 2 contracts

Samples: Note Purchase Agreement (Kapstone Paper & Packaging Corp), Note Purchase Agreement (Kapstone Paper & Packaging Corp)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of any of the Parent Companies, the Borrower or any of its their Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Digitas Inc), Revolving Credit Agreement (Digitas Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document (other than those filed in error and those evidencing indebtedness paid and discharged in full) filed or recorded with any filing records, registry or other public officeoffice and currently in effect, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any material assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P), Revolving Credit and Term Loan Agreement (Petro Stopping Centers Holdings Lp)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property Property of the Borrower Borrowers or any of its Subsidiaries or any rights relating theretotheir Subsidiaries.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Century Aluminum Co), Revolving Credit and Term Loan Agreement (Century Aluminum Co)

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens permitted by paragraph 6A hereof, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Company any Transaction Party or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Centerspace)

Absence of Financing Statements, etc. Except with respect to ------------------------------------ Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document (other than those filed in error and those evidencing indebtedness paid and discharged in full) filed or recorded with any filing records, registry or other public officeoffice and currently in effect, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any material assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries the Borrowers or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Terex Corp)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Significant Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stride Rite Corp)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Appnet Systems Inc)

Absence of Financing Statements, etc. Except as described in the title policies with respect to the Collateral and except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Credit Agreement (Griffin Land & Nurseries Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of any of the Borrower Parent, the Borrowers or any of its their Subsidiaries or any rights relating thereto, including assets acquired as part of the Acquisition and rights relating to such assets.

Appears in 1 contract

Samples: Revolving Credit Agreement (McCormick & Schmick Holdings, L.L.C.)

Absence of Financing Statements, etc. Except with respect to ------------------------------------- Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Restricted Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Genesee & Wyoming Inc)

Absence of Financing Statements, etc. Except with respect to the Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries Subsidiary or any rights relating thereto.

Appears in 1 contract

Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.)

Absence of Financing Statements, etc. Except with respect to Permitted LiensEncumbrances, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower any Lessee, any Guarantor or any of its their Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Master Agreement (Borders Group Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liensthe Liens permitted by paragraph 6C(1) hereof, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries Subsidiary or any rights relating thereto.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Steak & Shake Co)

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Absence of Financing Statements, etc. Except with respect to Permitted Liens, there There is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien lien on any assets or property of the Borrower or any Pledged Collateral other than those in favor of its Subsidiaries or any rights relating theretothe Issuer.

Appears in 1 contract

Samples: Letter of Credit Reimbursement and Pledge Agreement (Montpelier Re Holdings LTD)

Absence of Financing Statements, etc. Except with ------------------------------------ respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate Real Estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries Omnipoint Note Party or any rights relating thereto.

Appears in 1 contract

Samples: Note Purchase Agreement (Omnipoint Corp \De\)

Absence of Financing Statements, etc. Except with respect ------------------------------------ to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Loan Agreement (Omnipoint Corp \De\)

Absence of Financing Statements, etc. Except with respect to ------------------------------------- Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage charge, debenture or other document filed or recorded with any filing records, registry registry, or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest or security title in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating theretothereunder.

Appears in 1 contract

Samples: Loan Agreement (Harbin Electric, Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower any Lessee, any Guarantor or any of its their Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Omnibus Amendment (Borders Group Inc)

Absence of Financing Statements, etc. Except as disclosed on Section 4.12 of the Disclosure Schedule and with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any on, or security interest in, assets or property Property of the Borrower Company or any of its Subsidiaries or any rights relating theretoOpBiz.

Appears in 1 contract

Samples: Securities Purchase Agreement (Bh Re LLC)

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens or as permitted under the Security Documents, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower Borrower, any of the Subsidiary Guarantors or any of its their Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jordan Telecommunication Products Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Holding Company, the Borrower or any of its the Borrower's Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Subordinated Loan Agreement (Cyalume Technologies Holdings, Inc.)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower any Obligor or any of its their Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Morgan Group Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that which purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries the Borrowers or any rights relating theretothereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mastec Inc)

Absence of Financing Statements, etc. Except with respect to ------------------------------------ Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the any Borrower or any of its their Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there There is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto, other than Capital Lease Obligations, or as set forth on Schedule 3.15.

Appears in 1 contract

Samples: Loan Agreement (THCG Inc)

Absence of Financing Statements, etc. Except with respect to ------------------------------------ Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Loan Agreement (Finova Group Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of HBOC, the Borrower or any of its their Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hbo & Co)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries Subsidiaries, other than Excluded Subsidiaries, or any rights relating theretothereunder. 8.14.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry registry, or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets Collateral or property of the Borrower or any of its Subsidiaries or any rights relating theretothereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aegis Realty Inc)

Absence of Financing Statements, etc. Except with respect to ------------ ------------------------------------ Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Loan Agreement (D&e Communications Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of any of the Borrower Parent, the Borrowers or any of its their Subsidiaries or any rights relating thereto, including assets acquired as part of any Acquisition and rights relating to such assets.

Appears in 1 contract

Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Absence of Financing Statements, etc. Except with respect to Permitted Liensthe Liens permitted by paragraph 6B hereof, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower any Transaction Party or any of its Subsidiaries Subsidiary or any rights relating thereto.

Appears in 1 contract

Samples: Note Agreement (Gorman Rupp Co)

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens or as permitted by this Credit Agreement or the Security Documents, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of Holdings, the Borrower or any of its their Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriking Inc)

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens permitted by paragraph 6C hereof, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Company or any of its Restricted Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Amended and Restated Note Purchase and Private Shelf Agreement (Oil-Dri Corp of America)

Absence of Financing Statements, etc. Except with respect to ------------------------------------ Permitted Liens, there is no financing statement, security agreement, registration, application for registration, chattel mortgage, hypothec, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets a(S)ets or property of any of the Borrower Borrowers or any of its Subsidiaries or any rights relating theretotheir Restricted Subsidiaries.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Genesee & Wyoming Inc)

Absence of Financing Statements, etc. Except with respect to ------------------------------------ Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Parent, the Borrower or any of its their Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Chart House Enterprises Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Holding Company, the Borrower or any of its the Borrower’s Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Cyalume Technologies Holdings, Inc.)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, Liens permitted by paragraph 6C hereof there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Nordson Corp)

Absence of Financing Statements, etc. Except with ------------------------------------ respect to Permitted LiensEncumbrances, there is no financing statement, security agreement, chattel mortgage, deed to secure debt or other type of real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower or any of its Subsidiaries Loan Party or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mapics Inc)

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on lien on, or security interest in, any assets or property of the Borrower Holdings or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Russell-Stanley Holdings Inc)

Absence of Financing Statements, etc. Except As of the date hereof, except with respect to Permitted LiensLiens permitted by §9.2, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry or other public office, that purports to cover, affect or give notice of any present or possible future Lien on any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Appears in 1 contract

Samples: Revolving Credit Agreement (Yankee Candle Co Inc)

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