Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 7 contracts
Samples: Amendment Agreement (Brand Energy & Infrastructure Services, Inc), Credit Agreement (Courtside Acquisition Corp), Credit Agreement (Newmarket Corp)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A the Collateral Documents and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOany IP Filing Office.
Appears in 6 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement (Ruths Chris Steak House, Inc.)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Collateral Agent as contemplated by subsection 5.16A the Collateral Documents and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOany IP Filing Office.
Appears in 3 contracts
Samples: Amendment and Restatement and Additional Term Loan Assumption Agreement (Skilled Healthcare Group, Inc.), Amendment and Restatement Agreement (Skilled Healthcare Group, Inc.), Amendment and Restatement Agreement (Skilled Healthcare Group, Inc.)
Absence of Third-Party Filings. Except such as may have been (i) filed in favor of the Administrative Agent as contemplated by subsection 5.16A and Section 4.15.A or (ii) filed to evidence perfect a Lien permitted lease obligations and other Liens permitted pursuant to subsection 7.2under Section 6.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOoffice.
Appears in 3 contracts
Samples: Credit Agreement (Switch & Data Facilities Company, Inc.), Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data, Inc.)
Absence of Third-Party Filings. Except such as may have been ------------------------------ filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.25.16A, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOPTO or the United States Copyright Office.
Appears in 2 contracts
Samples: Credit Agreement (Aurora Foods Inc), Credit Agreement (Aurora Foods Inc /De/)
Absence of Third-Party Filings. Except such as may have been filed in favor of the Administrative Agent as contemplated by subsection 5.16A and 4.15A or filed to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2perfect a Permitted Lien, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOoffice.
Appears in 2 contracts
Samples: Construction Loan Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and the Collateral Documents or to evidence permitted lease obligations and other effect or maintain the perfection of Liens permitted pursuant to subsection Section 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering creating a Lien in all or any part of the IP Collateral is on file in the PTOany IP Filing Office.
Appears in 2 contracts
Samples: Credit Agreement (EngageSmart, LLC), Credit Agreement (EngageSmart, LLC)
Absence of Third-Party Filings. Except such as may have been filed or registered in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any material part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any material part of the IP Intellectual Property Collateral is on file in the PTOPTO or with any equivalent or similar Governmental Authority.
Appears in 2 contracts
Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent for the benefit of the Lenders as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.25.16A, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 2 contracts
Samples: Credit Agreement (Winsloew Furniture Inc), Credit Agreement (Winsloew Furniture Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.25.16A, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 2 contracts
Samples: Credit Agreement (Directed Electronics, Inc.), Credit Agreement (Wj Communications Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Collateral Agent as contemplated by subsection 5.16A Section 5.16(a) and to evidence permitted lease obligations and other Liens as otherwise permitted pursuant to subsection 7.2Section 10.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Collateral Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.25.15A, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office office, except with respect to Permitted Encumbrances and Liens permitted under subsection 7.2A, and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOPTO or the US Copyright Office.
Appears in 1 contract
Samples: Credit Agreement (Sealy Corp)
Absence of Third-Party Filings. Except such as may have been (i) filed in favor of the Administrative Agent as contemplated by subsection 5.16A and Section 4.15.A. or (ii) filed to evidence perfect a Lien permitted lease obligations and other Liens permitted pursuant to subsection 7.2under Section 6.2., (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOoffice.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOPTO (to Company’s knowledge) or in the United States Copyright Office.
Appears in 1 contract
Samples: Credit Agreement (FTD Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other in respect of Liens permitted under subsection 7.2 hereof, following the filing of the UCC termination statements delivered to Administrative Agent pursuant to subsection 7.24.1I(iii), (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOoffice.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Collateral Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.24.16A, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office office, except with respect to Permitted Encumbrances and Liens permitted under subsection 6.2A, and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Samples: Credit Agreement (Sealy Corp)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective collateral filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A Section 9.2.1 and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2as set forth on Schedule 9.2.3 annexed hereto, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office office, and (ii) no effective filing covering all or any part of the IP Intellectual Property Collateral is on file in the PTO.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence or as permitted lease obligations and other Liens permitted pursuant to by subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOany IP Filing Office.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent for the benefit of Lenders as contemplated by subsection 5.16A Subsection 1.1P and for Permitted Encumbrances and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2Subsection VII.B, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A the Collateral Documents and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office in the United States and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Amf Bowling Worldwide Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOoffice.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office office, and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Samples: Credit Agreement (Itron Inc /Wa/)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.25.16A, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOoffice.
Appears in 1 contract
Samples: Credit Agreement (Urs Corp /New/)
Absence of Third-Party Filings. Except such as may have been filed or registered in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and office, (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOPTO and (iii) no registrations relating to Liens over all or any part of the Collateral are in effect in any other registries, offices or Government Authorities in any jurisdiction.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A 5.2E and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2except as set forth on Schedule 7.2A annexed hereto, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Samples: Credit Agreement (DMW Worldwide Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTOPTO or Copyright Office.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative DIP Agent as contemplated by subsection 5.16A 5.15A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Farmland Industries Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2or except as such may constitute Permitted Encumbrances, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Samples: Credit Agreement (Pantry Inc)
Absence of Third-Party Filings. Except such as may have been ------------------------------ filed in favor of Administrative Collateral Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.25.16A, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office office, except with respect to Permitted Encumbrances and Liens permitted under subsection 7.2A, and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Samples: Credit Agreement (Dominos Pizza Government Services Division Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative the Collateral Agent as contemplated by subsection 5.16A 5.2E and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2except as set forth on Schedule 7.2A annexed hereto, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in with the PTOPTO or any other Governmental Authority.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2Agent, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent for the benefit of Lenders as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.2, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or any part of the IP Collateral is on file in the PTO.
Appears in 1 contract
Samples: Credit Agreement (Integrated Defense Technologies Inc)
Absence of Third-Party Filings. Except such as may have been filed in favor of Administrative Agent as contemplated by subsection 5.16A and to evidence permitted lease obligations and other Liens permitted pursuant to subsection 7.25.16A, (i) no effective UCC financing statement, fixture filing or other instrument similar in effect covering all or any part of the Collateral is on file in any filing or recording office and (ii) no effective filing covering all or document granting any part of the IP rights to any third party with respect to any Intellectual Property that constitutes Collateral is on file in has been recorded with the PTO.
Appears in 1 contract
Samples: Credit Agreement (Urs Corp /New/)