Encumbered Assets Sample Clauses

Encumbered Assets. Except for Permitted Encumbrances or in connection with the factoring or financing of inventory and receivables, pledge, assign, hypothecate or in any manner encumber any of its assets.

Encumbered Assets. With respect to the Encumbered Assets, (i) the Residual Interests (other than reserve accounts) held by the Borrower or any Restricted Subsidiary in any related Servicing Advance Facility, MSR Facility or Warehouse Facility, as applicable, are not subject to any Lien (other than Liens permitted under Sections 6.01(i), (ii) or (viii)) and (ii) the Borrower or a Restricted Subsidiary has valid title to all Encumbered Assets.

Encumbered Assets. Neither the Borrower nor any Subsidiary owns or has rights in or to any Property (a) that is not subject to the security interests granted to the Administrative Agent and the Lenders or (b) that is in Canada, the United Kingdom or any country other than the United States.

Encumbered Assets. Without the prior written consent of the Director, pledge, assign, sell, leaseback, hypothecate or in any manner encumber the Project Equipment except as follows: (i) Mortgages, liens, pledges, and security interests in favor of the Director and the Indenture Trustee and/or Collateral Agent covering all of the Project Equipment, which mortgages, liens, pledges, and security interests shall be subject to the terms and conditions of the Intercreditor Agreement; (ii) Liens, charges, conditions, or restrictions arising from any personal property tax abatement agreements; and (1) Liens arising from judgments or awards in respect of which the Company shall in good faith be prosecuting an appeal or proceedings for review and in respect of which the Company shall have secured a subsisting stay of execution pending such appeal or proceedings for review, provided the Company shall have set aside on the Company's books adequate reserves with respect to such judgment or award; (2) liens for taxes, assessments, or governmental charges or levies, provided the Director shall not have notified the Company in accordance with Section 4.1(a) hereof with respect to such liens; (3) deposits, liens or pledges to secure payments of workmen's compensation, unemployment insurance, pensions or other social security obligations, public or statutory obligations, surety, stay or appeal bonds, or other similar obligations arising in the ordinary course of business; and (4) mechanic's, workmen's, repairmen's, warehousemen's, vendor's or carriers' liens, or other similar liens arising in the ordinary course of business and securing sums which are not past due, or deposits or pledges to obtain the release of any such liens, provided that the Company shall have complied with Section 3.2 of the Security Agreement.

Encumbered Assets. An encumbered asset, unless otherwise provided in § 50.107(b) relating to derivative trans- actions, is assigned an RSF factor as follows: (i) Encumbered assets with less than six months remaining in the encumbrance period. For an encumbered asset with less than six months remaining in the encumbrance period, the same RSF factor is assigned to the asset as would be assigned if the asset were not en- cumbered. (ii) Encumbered assets with six months or more, but less than one year, remaining in the encumbrance period. For an en- cumbered asset with six months or more, but less than one year, remain- ing in the encumbrance period: (A) If the asset would be assigned an RSF factor of 50 percent or less under paragraphs (a)(1) through (a)(4) of this section if the asset were not encum- bered, an RSF factor of 50 percent is assigned to the asset. (B) If the asset would be assigned an RSF factor of greater than 50 percent under paragraphs (a)(5) through (a)(7) of this section if the asset were not en- cumbered, the same RSF factor is as- signed to the asset as would be as- signed if it were not encumbered. (iii) Encumbered assets with one year or more remaining in the encumbrance pe- riod. For an encumbered asset with one year or more remaining in the encum- brance period, an RSF factor of 100 per- cent is assigned to the asset. (2) Assets encumbered for period longer than remaining maturity. If an asset is encumbered for an encumbrance period longer than the asset’s maturity, the asset is assigned an RSF factor under paragraph (c)(1) of this section based on the length of the encumbrance pe- riod. VerDate Sep<11>2014 19:17 Aug 25, 2023 Jkt 259035 PO 00000 Frm 00899 Fmt 8010 Sfmt 8010 Q:\12\12V1.TXT PC31 (3) Segregated account assets. An asset held in a segregated account main- tained pursuant to statutory or regu- latory requirements for the protection of customer assets is not considered en- cumbered for purposes of this para- graph solely because such asset is held in the segregated account. (d) Off-balance sheet rehypothecated assets. When an NSFR liability of a na- tional bank or Federal savings associa- tion is secured by an off-balance sheet asset or results from the national bank or Federal savings association selling an off-balance sheet asset (for instance, in the case of a short sale), other than an off-balance sheet asset received by the national bank or Federal savings association as variation margin under a derivative transaction: (1) If the national...

Encumbered Assets. Pledge, assign, hypothecate or in any manner encumber any of its assets excepting, however, the assets of the Company pursuant to the Loan Documents and the DCB Loan Documents.

Encumbered Assets. Pledge, assign, hypothecate or in any manner encumber any of its assets excepting, however, the Loan Documents and the Permitted Encumbrances set forth in the Security Agreement.

Encumbered Assets. An encumbered asset, unless otherwise provided in § 50.107(b) relating to derivative trans- actions, is assigned an RSF factor as follows: (1) (i) Encumbered assets with less than six months remaining in the encumbrance period. For an encumbered asset with less than six months remaining in the encumbrance period, the same RSF factor is assigned to the asset as would be assigned if the asset were not en- cumbered.

Encumbered Assets. Notwithstanding anything to the contrary contained in Section 2.1, in the event that, as of the Closing Date, Seller’s right, title and interest in and to any of the Acquired Assets is subject to any Lien or the transfer thereof is restricted by applicable Law or other contractual obligation (such Acquired Assets, the “Encumbered Assets”), Seller agrees to effect the transfer of its right, title and interest in and to such Encumbered Assets to Purchaser as soon as such Lien is released or any required consents for such transfer have been obtained. Seller further agrees to use commercially reasonable efforts to obtain any required consent to the transfer of the Encumbered Assets or to cause to be released any Lien on the Encumbered Assets. Seller agrees at the Closing to grant all economic rights and incidences of ownership with respect to the Encumbered Assets as is permissible through a nominee or similar arrangement.

Encumbered Assets. Pledge, assign, sell and leaseback, hypothecate or in any manner encumber any of its assets excepting, however, purchase money security interests.