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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating theretothereunder.

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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of the any Borrower or any of its Subsidiaries or any rights relating thereto.

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, or security interest in, Lien on any assets or property of the Borrower Borrowers or any of its their Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens 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 Lien on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except To the best knowledge of Borrower 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 effect or give notice of any present or possible future lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries Subsidiary or any rights relating thereto.

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, or security interest in, any assets or property of the Borrower Borrowers or any of its their respective Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of the Borrower Collateral or any of its Subsidiaries or any the Borrower's rights relating thereto.

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 registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, (a) any Collateral or (b) any other assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto, except with respect to Permitted Liens.

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, or security interest in, Lien on any assets or property of the any Borrower or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except 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, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries or any rights relating thereto.;

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage 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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries the Borrowers or any rights relating thereto.

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, or security interest in, any assets or property of SRI, the Borrower or any of its their Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of CML, any of the Borrower Borrowers or any of its their Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of any of the Borrower Borrowers or any of its their Subsidiaries or any rights relating theretothereunder.

Absence of Financing Statements, etc. Except with respect to Permitted Liensas contemplated by ss.7.2 of this Agreement, 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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries the Borrowers or any rights relating theretothereunder.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there There is no financing statement, security agreement, chattel mortgage, real estate mortgage mortgage, deed to secure debt, deed of trust 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, or security interest in, any assets or property of Collateral except for the Borrower or Permitted Liens and any of its Subsidiaries or any rights relating theretoLiens being contested in the manner required by the Security Instruments.

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

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, or security interest in, Lien on any assets or property of the Borrower or any of its Subsidiaries Borrowers or any rights relating thereto.

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, or security interest in, Lien on any assets or property of the Borrower Company or any of its Subsidiaries (other than Foreign Subsidiaries) or any rights relating theretothereunder.

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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating theretothereunder.

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, 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.

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, or security interest in, any assets or property of the Borrower or any of its the Borrower's Subsidiaries or and any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens permitted by paragraph 6B(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 Lien on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens permitted hereunder, 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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except As of the date hereof, except with respect to Permitted LiensLiens permitted by Section 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, or security interest in, Lien on any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

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 officeoffice and currently in effect, that purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any material assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there There is no financing statement, security agreement, chattel mortgage, real estate mortgage mortgage, equipment lease, financing lease, option, encumbrance 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 or encumbrance on, or security interest in, any assets or property Collateral, except those in favor of the Borrower Lender or any of its Subsidiaries or any rights relating thereto.permitted by the Security Documents applicable to such Collateral except as disclosed on Exhibit H.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statementstatement (other than protective lease filings or filings made by Persons not authorized to do so, or otherwise required to be terminated, under the Uniform Commercial Code), 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, or security interest in, Lien on any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage mortgage, debenture 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, or security interest inin or charge over, any assets or property of the Borrower Holding Company or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted Liensas contemplated by section 7.2 of this Agreement, 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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries the Borrowers or any rights relating theretothereunder.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statementstatement signed by any of the Borrowers or the Designated Subsidiaries, security agreement, chattel mortgage, real estate mortgage or other document filed or to be filed following the Closing Date 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, or security interest in, any assets or property of the Borrower or any of its the Borrowers or the Designated Subsidiaries or any rights relating thereto.

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

Absence of Financing Statements, etc. Except with respect to Other than Permitted Liens, there is (to the knowledge of the Borrower) 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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries Subsidiary, or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there There is no financing statement, security agreement, chattel mortgage, real estate mortgage mortgage, deed to secure debt, deed of trust 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, or security interest in, any assets or property of Collateral except for the Borrower or Permitted Liens and any of its Subsidiaries or any rights relating theretoliens being contested in the manner required by the Security Instruments.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security security, agreement, chattel mortgage, real estate ship 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, or security interest in, in any assets or property of the Borrower or any of its Subsidiaries or any rights relating theretoCollateral.

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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating theretothereunder.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, and liens being released on or prior to the Initial Closing Date 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, or 82 -73- security interest in, any assets or property of the Parent, the Borrower or any of its their Subsidiaries or any rights relating theretothereunder.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, security agreement, chattel mortgage, real estate mortgage 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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, 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, or security interest in, any of the Acquisition Assets or any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

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 66 -59- filing records, registry registry, or other public office, that purports to cover, affect or give notice of any present or possible future 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.

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, or security interest in, any assets or property of the any Borrower or any of its Subsidiaries or any rights relating thereto.

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

Absence of Financing Statements, etc. Except with respect to Permitted LiensExcEPt as indicated on Exhibit B hereto, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document executed by the Company filed or recorded with any filing records, registry registry, or other public officeoffice of any jurisdiction, that which purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating theretothereunder.

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens and with respect to claims which have been discharged by the Confirmation Order, 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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens and as set forth on SCHEDULE 8.2(F) hereto, 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 coverwhich covers, affect affects or give gives notice of any present or possible future 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.

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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.. 49

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 fixed or floating charge over, lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens permitted by paragraph 6B(c) 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 Lien on, or security interest in, any assets or property of the Borrower Company or any of its Subsidiaries or any rights relating thereto.

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 office which purports to cover, affect or give notice of any present or possible future lien on, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of the Borrower Borrowers or any of its their Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of the Borrower PFR or any of its Subsidiaries or any rights relating thereto.

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, or security interest in, any assets or property of the Borrower Borrower, any Guarantor or any of its their Subsidiaries or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted LiensLiens and as contemplated by the Transaction 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 Lien on or possible future lien Lien on, or security interest in, any assets or property Property of the Borrower or any of its Subsidiaries Company or any rights relating thereto.

Absence of Financing Statements, etc. Except with respect to Permitted Liens, there is no financing statement, registration statement, security agreement, chattel mortgage, real estate mortgage mortgage, fixed charge, floating charge, legal charge, equitable mortgage, legal mortgage, pledge or the analogous type of security interest applicable in any foreign jurisdiction 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, or security interest in, any assets or property of the Borrower or any of its Subsidiaries or any rights relating thereto.