Certain Liens. The Borrower will not, and will not permit any of its Significant Subsidiaries to, pledge, mortgage, hypothecate or xxxxx x Xxxx upon, or permit any mortgage, pledge, security interest or other Lien upon, any Property of the Borrower or any Significant Subsidiary of the Borrower; provided, however, that this restriction shall neither apply to nor prevent the creation or existence of:
(i) Permitted Liens;
(ii) any Lien in existence on the date hereof; provided that (A) no such Lien described in this clause (ii) encumbers any additional Property after the date hereof (other than repairs, renewals, replacements, additions, accessions, improvements and betterments to the Property originally subject to such Lien) and (B) the principal amount of Indebtedness of the Borrower and its Subsidiaries secured thereby is not increased after the date hereof (except that, if such Indebtedness is refinanced, refunded, renewed or extended after the Closing Date, the principal amount thereof may be increased by an amount necessary to pay all accrued and unpaid interest on such Indebtedness being refinanced, refunded, renewed or extended and any fees and expenses, including premiums, related to such refinancing, refunding, renewal or replacement);
(iii) Liens securing bonds issued after the date hereof pursuant to the CEHE Original Mortgage (to the extent the proceeds thereof are used to replace, refund or refinance first mortgage bonds outstanding on the date hereof) or the CEHE General Mortgage Indenture (or second or subordinated, as the case may be, Liens in lieu thereof);
(iv) Liens required to be granted pursuant to “equal and ratable” clauses existing on the date hereof under Contractual Obligations of the Borrower and its Significant Subsidiaries (and extensions and renewals thereof);
(v) Liens in favor of the Borrower or a Subsidiary securing intercompany obligations owing to the Borrower or its Subsidiaries;
(vi) Liens on fixed or capital assets and related inventory and intangible assets acquired, constructed, improved, altered or repaired by the Borrower or any Significant Subsidiary; provided that (i) such Liens secure Indebtedness otherwise permitted by this Agreement, (ii) such Liens and the Indebtedness secured thereby are incurred prior to or within 365 days after such acquisition or the later of the completion of such construction, improvement, alteration or repair or the date of commercial operation of the assets constructed, improved, altered or repaired, ...
Certain Liens. Neither the Borrower, GGP, Inc. nor any of ------------- their respective Affiliates controlled by them, respectively, will encumber with any Lien any stock, partnership interest, joint venture interest, membership interest, beneficial interest or other equity interest in any corporation, partnership, joint venture, limited liability company, trust or other entity that (i) owns any of the Property, or (ii) is a direct or indirect shareholder, partner, joint venturer, member, beneficiary or other type of equity holder in any entity described in clause (i) above; provided, however, that the foregoing prohibition shall not apply with -------- ------- respect to any of the encumbrances existing on the date hereof set forth in Schedule 10.12 hereto; and provided further; that the prohibition set forth -------------- ---------------- in this subsection (i) shall not apply as to any such corporation, partnership, joint venture, limited liability company, trust or other entity which owns Property with respect to which (A) the Loan-to-Value Ratio as to all Secured Indebtedness for borrowed money related to such Property, in the aggregate, after giving effect to such encumbrance, is not greater than sixty-five percent (65%) and (B) the Loan-to-Value Ratio as to that portion of such Secured Indebtedness which is secured by such a Lien encumbering any stock, partnership interest, joint venture interest, membership interest, beneficial interest or other equity interest is not greater than fifteen percent (15%); and provided further that the prohibition set forth in this -------- ------- subsection (i) shall not apply as to any such encumbrance granted to secure Indebtedness related to any Property or asset of such corporation, partnership, joint venture, limited liability company, trust or other entity, if such encumbrance secures a construction loan and the Loan-to-Value Ratio with respect to all Secured Indebtedness relating to the construction in question does not exceed seventy-five percent (75%), or would not exceed such Loan-to-Value Ratio, but for the applicability of unusually onerous stamp, transfer or recording taxes and fees in connection with such encumbrance; and provided further that the prohibition set forth -------- ------- in this subsection (i) shall not apply as to any such encumbrance of equity interests in Minority Holdings in favor of holders(s) of the remaining equity interests in such Minority Holdings to secure obligations under the applicable ...
Certain Liens. All labor and services performed and materials furnished to the Property have been paid for in full and to the best of the Contributing Parties' knowledge, there exists no basis for which a mechanic's, materialman's or similar Lien can properly be claimed against the Property or any part thereof.
Certain Liens. And will not permit any of its Subsidiaries to, pledge, mortgage, hypothecate or grant a Lien upon, or permit any mortgage, pledge, security intexxxx xx xxxxr Lien upon, any Property of the Borrower or any Subsidiary of the Borrower now or hereafter owned directly or indirectly by the Borrower; provided, however, that this restriction shall neither apply to nor prevent the creation or existence of:
Certain Liens. With respect to the Liens identified in Section 4.5(a) of the Disclosure Schedule, on or before the Closing Date Seller shall take such actions as are necessary to cause the relate Purchased Assets to be free and clear of such Liens.
Certain Liens. Liens created under any Loan Documents;
Certain Liens. Tenant will cause to be paid all charges for all work done (labor and materials) upon the demised premises during the term of this Lease and will not suffer or permit any mechanics' or similar liens for labor or materials furnished to the demised premises during the term of this Lease to remain as a lien against the demised premises or any part thereof; and if any such lien shall be filed, Tenant will either pay the same or procure the discharge thereof by bonding, giving security or in such other manner as may be required or permitted by law. Tenant shall have the right, however, in its name or in the name of Landlord or in the name of both, to contest any such lien, provided that the existence of such lien pending such contest shall not jeopardize Landlord's interest in the demised premises. Tenant shall indemnify Landlord against, and save Landlord harmless from any and all loss, damage, claims, liabilities, judgments, costs and expenses arising out of the filing of any such lien. Notice is hereby given that Landlord shall not, under any circumstances, be liable to pay for any work, labor or services rendered or materials furnished to Tenant or any of its subtenants upon credit.
Certain Liens. Evidence, reasonably satisfactory to the Administrative Agent, of the termination of record of (i) the judgment liens filed against Service Tampa, LLC and Service West Coast, LLC in Pinellas County, Florida in the amount of $800,000, and (ii) the liens of record in favor of JPMorgan Chase Bank, N.A., against Coolbrands International, Inc. (a predecessor entity of the Borrower), recorded in the Province of Ontario, Canada
Certain Liens. The parties acknowledge (i) a lien against certain assets regarding High Point Landfill Site in favor of State of New Jersey, Department of Environmental Protection and Energy and, (ii) a lien in the amount of $29,535.35 of record with respect to Amerace. Seller hereby agrees to indemnify and hold harmless Buyer from any loss, cost, expense or liability (including reasonable attorneys' fees and expenses) relating to either such lien or the claim of any underlying liability secured thereby. Seller further agrees to make available to Buyer any records regarding payment or satisfaction thereof.
Certain Liens. Lienholder
