Excepted Liens Sample Clauses

Excepted Liens. Liens on fixed or capital assets acquired, constructed or improved by the Borrower or any Subsidiary; provided that (i) such Liens secure Indebtedness permitted by Section 9.02(d), (ii) such Liens and the Debt secured thereby are incurred prior to or within 90 days after such acquisition or the completion of such construction or improvement, (iii) the Debt secured thereby does not exceed 100% of the cost of acquiring, constructing or improving such fixed or capital assets and (iv) such security interests shall not apply to any other property or assets of the Borrower or any Subsidiary.

Excepted Liens. (a) Liens for Taxes, assessments or other governmental charges or levies which are not delinquent or which are being Properly Contested; (b) Liens in connection with workers’ compensation, unemployment insurance or other social security, old age pension or public liability obligations which are not delinquent or which are being Properly Contested; (c) landlord’s liens, maritime liens, liens granted under storage contracts, operators’, vendors’, carriers’, warehousemen’s, repairmen’s, mechanics’, suppliers’, workers’, materialmen’s, construction or other like Liens, in each case arising in the Ordinary Course of Business or incident to the operation and maintenance of Properties each of which is in respect of obligations that are not delinquent or which are being Properly Contested; (d) Liens arising solely by virtue of any statutory or common law provision relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit accounts or other funds maintained with a creditor depository institution, provided that no such deposit account is a dedicated cash collateral account or is subject to restrictions against access by the depositor in excess of those set forth by regulations promulgated by the Board of Governors and no such deposit account is intended by any Borrower or any Restricted Subsidiaries to provide collateral to the depository institution; (e) easements, zoning restrictions, servitudes, permits, conditions, covenants, exceptions or reservations in any Property of any Borrower or any Restricted Subsidiary for the purpose of roads, pipelines, transmission lines, transportation lines or distribution lines, or for the joint or common use of real estate, rights of way, facilities and equipment, that do not secure any monetary obligations and which in the aggregate do not materially impair the use of such Property for the purposes of which such Property is held by any Borrower or any Restricted Subsidiary or materially impair the value of such Property subject thereto; (f) Liens on cash or securities pledged to secure performance of tenders, surety and appeal bonds, government contracts, performance and return of money bonds, bids, trade contracts, leases, statutory obligations, regulatory obligations and other obligations of a like nature, in each case incurred in the Ordinary Course of Business and (g) judgment and attachment Liens not giving rise to an Event of Default, provided that any appropriate legal proceed...

Excepted Liens. The Parent Guarantor will not permit Intermediate Holdings, the Company, or any of the Company’s Subsidiaries to, sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (i) transactions conducted in the ordinary course of business at prices and on terms and conditions no less favorable to Intermediate Holdings, the Company, or any of the Company’s Subsidiaries than those obtainable on an arm’s-length basis from unrelated third parties, including transactions with on less than arm’s-length terms provided they (a) serve a legitimate business purpose related to the development, construction, or operation of the Fargo Project, (b) are fully disclosed to and approved by all necessary governing bodies of the transaction parties, (c) comply with applicable industry-specific regulations, and (d) will result in a substantial benefit to Intermediate Holdings, the Company, or any of the Company’s Subsidiaries, as determined by Intermediate Holdings, the Company, or any such Subsidiary of the Company in its sole but reasonable discretion; (ii) any Disposition permitted by Section 4(k) of the Note; (iii) any Restricted Payment permitted by Section 4(m) of the Note; and (iv) any transaction with an Affiliate permitted by Section 4(p) of the Note.

Excepted Liens. Limitation on Investments, Acquisitions, Loans and Advances. Make any loan, advance, extension of credit or capital contribution to, or purchase any stock, bonds, notes, debentures or other securities of or any assets constituting a business unit of, or make any other investments in, any Person, except:

Excepted Liens. At the request of the Trustee, all contracts for any such repairs shall be assigned to the Trustee as part of the Trust Estate as security for Issuer's obligations hereunder. Such assignment may be effected by a blanket assignment and by specific assignments with respect to third party contracts in excess of $100,000. In the event of any damage that constitutes an Event of Loss, then the Issuer shall be relieved of the foregoing repair obligations upon repayment in full of all principal, interest and all other amounts payable under the Notes and the other Credit Documents in compliance with the provisions of Section 3.6 hereof.

Excepted Liens. Section 5.03 Limitation on Investments, Acquisitions, Loans and Advances. Make any loan, advance, extension of credit or capital contribution to, or purchase any stock, bonds, notes, debentures or other securities of or any assets constituting a business unit of, or make any other investments in, any Person, except: (a) the outstanding investments, loans or advances set forth in the financial statements referred to in Section 3.13 of this Agreement, but not any increases thereof; (b) investments in (i) direct obligations of the United States of America or any agency thereof; (ii) certificates of deposit of the Bank of maturities less than one year, or issued by other commercial banks in the United States of America having capital and surplus in excess of $50,000,000; or (iii) commercial paper of maturities less than six months if at the time of purchase such paper is rated in either of the two highest rating categories of Standard & Poors Corporation, Mo▇▇▇'▇ Investors Service, Inc. or any other rating agency satisfactory to the Bank; (c) extensions of trade credit in the ordinary course of business; (d) investments in and acquisitions of oil and gas properties and related assets, provided that such investments or acquisitions are made in the ordinary course of Borrower's business and not otherwise prohibited by this Agreement; (e) other investments, capital contributions, loans or advances not to exceed the aggregate amount of $250,000.00 at any one time outstanding; and (f) loans and advances to employees of the Borrower for travel, entertainment and similar expenses in the ordinary course of business.

Excepted Liens. Liens securing the obligations of the Borrower and the Guarantors under the Senior Revolving Credit Agreement and the other Senior Revolving Credit Documents; provided that, such Liens shall not encumber any Property that is not subject to a second priority Lien in favor of, or for the benefit of, the Administrative Agent for the benefit of the Lenders to secure the Indebtedness.

Excepted Liens. Lease burdens payable to third parties which are deducted in the calculation of discounted present value in the Reserve Reports including, without limitation, any royalty, overriding royalty, net profits interest, production payment, carried interest or reversionary working interest in existence as of the Effective Date or as a result of or in accordance with the Borrower’s or a Restricted Subsidiary’s acquisition of the property burdened thereby.

Excepted Liens. Liens for Taxes, assessments or governmental charges or levies on Property if the same shall not at the time be delinquent, or are being Properly Contested;