Common use of Continued Priority of Security Interest Clause in Contracts

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and enforceable against the Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 16 contracts

Samples: Loan and Security Agreement (Syratech Corp), Loan and Security Agreement (Dataflex Corp), Loan and Security Agreement (Synthetic Industries Inc)

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Continued Priority of Security Interest. (a) The Security Interest granted by the each Borrower shall at all times be valid, perfected and enforceable against the such Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 5 contracts

Samples: And Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Supreme International Corp)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower Borrowers shall at all times be valid, perfected and enforceable against the each Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 4 contracts

Samples: Loan and Security Agreement (Denali Inc), Loan and Security Agreement (Heafner Tire Group Inc), Loan and Security Agreement (Ridgeview Inc)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and enforceable against the Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 3 contracts

Samples: Loan and Security Agreement (Centennial Specialty Foods Corp), Loan and Security Agreement (Loehmanns Holdings Inc), Loan and Security Agreement (Gni Group Inc /De/)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and enforceable against the Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not be at any time be subject to any Liens that are prior to, or on a parity with or junior to the Security Interest, other than Permitted LiensLiens or as may be provided in the DIP Order.

Appears in 2 contracts

Samples: Loan and Security Agreement (PRB Energy, Inc.), Possession Loan and Security Agreement (PRB Energy, Inc.)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and enforceable against the Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not be at any time be subject to any Liens that are prior to, or on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (United Development Funding III, LP), Loan and Security Agreement (United Development Funding III, LP)

Continued Priority of Security Interest. (a1) The Security Interest granted by the Borrower Borrowers shall at all times be valid, perfected and enforceable against the each and every Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trism Inc /De/), Loan and Security Agreement (Trism Inc /De/)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and of first priority (subject only to Permitted Liens) and enforceable against the Borrower Company and all third parties other Persons, in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Medirisk Inc), Credit Agreement (Medirisk Inc)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower Borrowers shall at all times be a valid, perfected and perfected, first-priority, enforceable Security Interest against the Borrower Borrowers and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ild Telecommunications Inc), Loan and Security Agreement (Intellicall Inc)

Continued Priority of Security Interest. (a) The Security Interest granted by the each Borrower shall at all times be valid, perfected and enforceable against the such Borrower and all third parties in accordance with the terms 101 110 of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Winsloew Furniture Inc), Loan and Security Agreement (Winston Furniture Co of Alabama Inc)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and of first priority (subject only to Permitted Liens) and enforceable against the Borrower Guarantor and all third parties other Persons, in accordance with the terms of this Agreement, as security for all of the Secured Obligations, obligations of the Guarantor to the Lender under this Agreement and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted LiensGuaranty.

Appears in 1 contract

Samples: Credit Agreement (Medirisk Inc)

Continued Priority of Security Interest. (a) a. The Security Interest granted by the Borrower shall at all times be valid, perfected and enforceable against the Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Freedom Financial Group Inc)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and of first priority and enforceable against the Borrower each Debtor and all third parties other Persons, in accordance with the terms of this Security Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Physicians Specialty Corp)

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Continued Priority of Security Interest. (a) The Security Interest granted by the each U.S. Borrower shall at all times be valid, perfected and enforceable against the such U.S. Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured ObligationsObligations (other than as permitted under the last clause of SECTION 11.1(i)), and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Galileo Corp)

Continued Priority of Security Interest. (a) The Security Interest granted by the each Borrower (or Trust) shall at all times be valid, perfected and enforceable against the each Borrower (or Trust) and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Kellstrom Industries Inc)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, and, except with respect to any items or type of Collateral as to which the Agent shall have waived in writing the requirement that the Security Interest be perfected, perfected and enforceable against the Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the . The Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Nabi /De/)

Continued Priority of Security Interest. (a) The Security Interest granted by the each Borrower shall at all times be valid, perfected and enforceable against the such Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and neither the Collateral nor the Real Estate shall not at any time be subject to any Liens that are prior toto the Security Interest or, other than Permitted Liens and Liens permitted by SECTIONS 12.9(ii) AND (iii), on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Russell Corp)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and enforceable against the Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations and Junior Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Texfi Industries Inc)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower shall at all times be valid, perfected and of first priority and enforceable against the Borrower Debtor and all third parties other Persons, in accordance with the terms of this Security Agreement, as security for the Secured Obligations, and the Collateral shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security Interest, other than Permitted Liens.

Appears in 1 contract

Samples: Pledge Agreement (Physicians Specialty Corp)

Continued Priority of Security Interest. (a) The Security Interest granted by the Borrower Borrowers shall at all times be valid, perfected and enforceable against the each Borrower and all third parties in accordance with the terms of this Agreement, as security for the Secured Obligations, and the Collateral (i) except as permitted by Section 7.2, shall not at any time be subject to any Liens that are prior to, on a parity with or junior to the Security InterestInterest and (ii) except as permitted by Section 7.2, shall not at any time be subject to any other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Texas Market Tire, Inc.)

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