Common use of Encumbrances and Guaranties Clause in Contracts

Encumbrances and Guaranties. (a) All properties and assets of each Borrower are owned by such Borrower free and clear of all Encumbrances except (i) those for taxes or other government charges either not yet delinquent or the nonpayment of which is permitted by Section 3.5 of this Agreement; (ii) those not arising in connection with Indebtedness that do not materially impair the use or value of the properties or assets of the Borrower in the conduct of its businesses; (iii) Encumbrances whose release and termination is evidenced by the Borrowers delivery to the Bank of appropriate documents on the Closing Date; (iv) Encumbrances permitted by the Loan Documents; and (v) Encumbrances set forth on Schedule 6.3 of this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Nutrition Management Services Co/Pa), Loan Agreement (Nutrition Management Services Co/Pa)

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Encumbrances and Guaranties. (a) All properties and assets of each the Borrower are owned by such the Borrower free and clear of all Encumbrances except (i) those for taxes or other government charges either not yet delinquent or the nonpayment of which is permitted by Section 3.5 4.5 of this Agreement; (ii) those not arising in connection with Indebtedness that do not materially impair the use or value of the properties or assets of the Borrower in the conduct of its businesses; (iii) Encumbrances whose release and termination is evidenced by the Borrowers Borrower's delivery to the Bank of appropriate documents on the Closing Date; (iv) Encumbrances permitted by the Loan DocumentsDocuments and Encumbrances otherwise permitted under the Security Agreement and the Mortgage; and (v) Encumbrances set forth on Schedule 6.3 of this Agreementdisclosed in the most recent Financial Statements.

Appears in 1 contract

Samples: Revolving Credit Agreement (Environmental Tectonics Corp)

Encumbrances and Guaranties. (a) All properties and assets of each the Borrower are owned by such the Borrower free and clear of all Encumbrances except (i) those for taxes or other government charges either not yet delinquent or the nonpayment of which is permitted by Section 3.5 4.5 of this Agreement; (ii) those not arising in connection with Indebtedness that do not materially impair the use or value of the properties or assets of the Borrower in the conduct of its businesses; (iii) Encumbrances whose release and termination is evidenced by the Borrowers Borrower's delivery to the Bank of appropriate documents on the Closing Datedocuments; (iv) Encumbrances otherwise permitted by under the Loan Documents; and (v) Encumbrances set forth on Schedule 6.3 of this Agreementdisclosed in the most recent Financial Statements.

Appears in 1 contract

Samples: Fourth Amended and Restated Loan Agreement (Blonder Tongue Laboratories Inc)

Encumbrances and Guaranties. (a) All properties and assets of each the Borrower are owned by such the Borrower free and clear of all Encumbrances except (i) those for taxes or other government charges either not yet delinquent or the nonpayment of which is permitted by Section 3.5 of this Agreement; (ii) those not arising in connection with Indebtedness that do not materially impair the use or value of the properties or assets of the Borrower in the conduct of its businesses; (iii) Encumbrances whose release and termination is evidenced by the Borrowers delivery to the Bank of appropriate documents on the Closing Date; (iv) Encumbrances permitted by the Loan DocumentsDocuments and the Permitted Encumbrances; and (v) Encumbrances set forth disclosed on Schedule 6.3 of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Fuel Tech N V)

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Encumbrances and Guaranties. (a) All properties and assets of each the Borrower are owned by such the Borrower free and clear of all Encumbrances except (i) those for taxes or other government charges either not yet delinquent or the nonpayment of which is permitted by Section 3.5 4.5 of this Agreement; (ii) those not arising in connection with Indebtedness that do not materially impair the use or value of the properties or assets of the Borrower in the conduct of its businesses; (iii) Encumbrances whose release and termination is evidenced by the Borrowers Borrower's delivery to the Bank of appropriate documents on the Closing Date; (iv) Encumbrances permitted by the Loan DocumentsDocuments and Encumbrances otherwise permitted under the Security Agreement and the Mortgages; and (v) Encumbrances set forth disclosed on Schedule 6.3 of this Agreement4.6 hereof.

Appears in 1 contract

Samples: Loan Agreement (Astropower Inc)

Encumbrances and Guaranties. (a) All properties and assets of each the Borrower are owned by such the Borrower free and clear of all Encumbrances except (i) those for taxes or other government charges either not yet delinquent or the nonpayment of which is permitted by Section 3.5 4.5 of this Agreement; (ii) those not arising in connection with Indebtedness that do not materially impair the use or value of the properties or assets of the Borrower in the conduct of its businesses; (iii) Encumbrances whose release and termination is evidenced by the Borrowers Borrower's delivery to the Bank of appropriate documents on the Closing Date; (iv) Encumbrances otherwise permitted by under the Loan Documents, the Security Agreement and the Mortgage; and (v) Encumbrances set forth on Schedule 6.3 of this Agreementdisclosed in the most recent Financial Statements.

Appears in 1 contract

Samples: Loan Agreement (Blonder Tongue Laboratories Inc)

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