Common use of Additional Restrictions Concerning the Collateral and Collateral Property Clause in Contracts

Additional Restrictions Concerning the Collateral and Collateral Property. Subject to the terms of §3.2(a) of this Agreement, and except for Permitted Equity Transfers and Permitted Liens, Borrower will not, and will not permit Owner to, without the prior written consent of Lender in each instance, directly or indirectly: (i) sell, convey, assign, transfer, contribute, option, mortgage, pledge, encumber, charge, hypothecate or dispose of the Collateral Property, any Collateral or any part thereof or interest therein; or any income or profits therefrom, or any other accounts, contract rights, general intangibles, instruments, chattel paper or other assets or claims, whether now owned or hereafter acquired; or (ii) create or suffer to be created or to exist any lien, encumbrance, security interest, mortgage, pledge, restriction, attachment or other charge of any kind upon, or any levy, seizure, attachment or foreclosure of, the Collateral Property, any Collateral or any part thereof or interest therein, or any income or profit therefrom, or any other accounts, contract rights, general intangibles, instruments, chattel paper or other assets or claims, whether now owned or hereafter acquired. For the purposes of this paragraph, the sale, conveyance, transfer, disposition, alienation, hypothecation or encumbering of all or any portion of any interest in Owner or the creation or addition of a new member, new partner or other owner of any interest in Owner shall be deemed to be a transfer of an interest in the Collateral Property.

Additional Restrictions Concerning the Collateral and Collateral Property. Subject to the terms of §3.2(a) of this Agreement, and except for Permitted Equity Transfers and Permitted Liens, Borrower will not, and will not permit Owner to, without the prior written consent of Lender in each instance, directly or indirectly: (i) sell, convey, assign, transfer, contribute, option, mortgage, pledge, encumber, charge, hypothecate or dispose of the Collateral Property, any Collateral or any part thereof or interest therein; or any income or profits therefrom, or any other accounts, contract rights, general intangibles, instruments, chattel paper or other assets or claims, whether now owned or hereafter acquired; or (ii) create or suffer to be created or to exist any lien, encumbrance, security interest, mortgage, pledge, restriction, attachment or other charge of any kind upon, or any levy, seizure, attachment or foreclosure of, the Collateral Property, any Collateral or any part thereof or interest therein, or any income or profit therefrom, or any other accounts, contract rights, general intangibles, instruments, chattel paper or other assets or claims, whether now owned or hereafter acquired. For the purposes of this paragraph, the sale, conveyance, transfer, disposition, alienation, hypothecation or encumbering of all or any portion of any interest in Owner Borrower or the creation or addition of a new member, new partner or other owner of any interest in Owner Borrower shall be deemed to be a transfer of an interest in the Collateral Property.

Additional Restrictions Concerning the Collateral and Collateral Property. Subject to the terms of §3.2(a) 3.2 and §5.4 of this Agreement, Agreement and except for Permitted Equity Transfers and Permitted Liensas provided therein, the Borrower will not, and will not permit Owner to, without the prior written consent of Lender the Banks in each instance, directly or indirectly: (i) sell, convey, assign, transfer, lease, contribute, option, mortgage, pledge, encumber, charge, hypothecate or dispose of the any Collateral Property, any Collateral or any part thereof or interest therein; or any income or profits therefrom, or any other accounts, contract rights, general intangibles, instruments, chattel paper or other assets or claims, whether now owned or hereafter acquired; or (ii) create or suffer to be created or to exist any lien, encumbrance, security interest, mortgage, pledge, restriction, attachment or other charge of any kind upon, or any levy, seizure, attachment or foreclosure of, the Collateral Property, any Collateral or any part thereof or interest therein, or any income or profit therefrom, or any other accounts, contract rights, general intangibles, instruments, chattel paper or other assets or claims, whether now owned or hereafter acquired. For the purposes of this paragraph, the sale, conveyance, transfer, disposition, alienation, hypothecation or encumbering of all or any portion of any interest in Owner any Subsidiary Guarantor or the creation or addition of a new member, new partner shareholder or other owner of any interest in Owner any Subsidiary Guarantor shall be deemed to be a transfer of an interest in the a Collateral Property. Notwithstanding the foregoing, Borrower may enter into leases, or amend or terminate existing leases, in the ordinary course of business.