Common use of Equitable Lien Clause in Contracts

Equitable Lien. If any Credit Party or any of its Subsidiaries shall create or assume any Lien upon any of its properties or assets, whether now owned or hereafter acquired, other than Permitted Liens, it shall make or cause to be made effective provisions whereby the Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness secured thereby as long as any such Indebtedness shall be so secured; provided, notwithstanding FIRST LIEN CREDIT AGREEMENT EXECUTION 76 the foregoing, this covenant shall not be construed as a consent by Requisite Lenders to the creation or assumption of any such Lien not otherwise permitted hereby.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Carmike Cinemas Inc)

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Equitable Lien. If any Credit Party or any of its Subsidiaries shall create or assume any Lien upon any of its properties or assets, whether now owned or hereafter acquired, other than Permitted Liens, it shall make or cause to be made effective provisions whereby the Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness secured thereby as long as any such Indebtedness shall be so secured; provided, notwithstanding FIRST LIEN CREDIT AGREEMENT EXECUTION 76 the foregoing, this covenant shall not be construed as a consent by Requisite Lenders to the creation or assumption of any such Lien not otherwise permitted hereby.. SECOND LIEN CREDIT AND GUARANTY AGREEMENT 835941-New York Server 7A EXECUTION

Appears in 1 contract

Samples: Pledge and Security Agreement (American Reprographics CO)

Equitable Lien. If any Credit Party or any of its Subsidiaries shall create or assume any Lien upon any of its properties or assets, whether now owned or hereafter acquired, other than Permitted Liens, it shall make or cause to be made effective provisions whereby the Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness secured thereby as long as any such Indebtedness shall be so secured; provided, notwithstanding FIRST LIEN CREDIT AGREEMENT EXECUTION 76 the foregoing, this covenant shall not be construed as a consent by Requisite Lenders to the creation or assumption of any such Lien not otherwise permitted hereby.by Section 6.2. -113-

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BPC Holding Corp)

Equitable Lien. If any Credit Party or any of its Subsidiaries shall create or assume any Lien upon any of its properties or assets, whether now owned or hereafter acquired, other than Permitted Liens, it shall make or cause to be made effective provisions whereby the Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness secured thereby as long as any such Indebtedness shall be so secured; provided, notwithstanding FIRST LIEN CREDIT AGREEMENT EXECUTION 76 the foregoing, this covenant shall not be construed as a consent by Requisite Lenders to the creation or assumption of any such Lien not otherwise permitted hereby.by Section 6.2...........

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BPC Holding Corp)

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Equitable Lien. If any Credit Party or any of its Subsidiaries shall create or assume any Lien upon any of its properties or assets, whether now owned or hereafter acquired, other than Permitted Liens, it shall make or cause to be made effective provisions whereby the Obligations will be secured by such Lien equally and ratably with any and all other Indebtedness secured thereby as long as any such Indebtedness shall be so secured; providedPROVIDED, notwithstanding FIRST LIEN CREDIT AGREEMENT EXECUTION 76 the foregoing, this covenant shall not be construed as a consent by Requisite Lenders to the creation or assumption of any such Lien not otherwise permitted herebyby Section 6.2.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Berry Plastics Corp)

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