Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest;
Appears in 47 contracts
Samples: Security Agreement (ARKO Corp.), Credit and Security Agreement (Green Plains Inc.), Security Agreement (GPM Petroleum LP)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject only to Permitted Encumbrances that have priority as a matter of Applicable Law to the extent such Liens only attach to Collateral other than Receivables or Inventory);
Appears in 14 contracts
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Security Agreement (PHI Group, Inc./De), Security Agreement (PHI Group, Inc./De)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason (other than as expressly permitted hereunder) ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject only to Permitted Encumbrances that have priority as a matter of Applicable Law to the extent such Liens only attach to Collateral other than Receivables or Inventory);
Appears in 9 contracts
Samples: Guaranty and Security Agreement (Dril-Quip Inc), Guaranty and Security Agreement (Dril-Quip Inc), Security Agreement (Dril-Quip Inc)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject to (x) the Intercreditor Agreement and (y) other Permitted Encumbrances that have priority as a matter of Applicable Law to the extent such Liens only attach to Collateral other than Receivables or Inventory);
Appears in 5 contracts
Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)
Lien Priority. Any Lien created hereunder or under any Other Document or provided for hereby or thereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest or Borrower or any other Person acting on its behalf shall so claim;
Appears in 5 contracts
Samples: Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest, subject to the terms of the Intercreditor Agreement;
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (SMTC Corp), Security Agreement (SMTC Corp), Security Agreement (SMTC Corp)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement Other Document for any reason ceases to be or is not a valid and perfected Lien having a first priority interest, subject to Permitted Encumbrances and except as otherwise permitted under this Agreement, in each instance other than as a direct result of the failure of Agent or any Lender to take any action within its control;
Appears in 3 contracts
Samples: , and Security Agreement (Rocky Brands, Inc.), Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject only to Permitted Encumbrances);
Appears in 3 contracts
Samples: Loan and Security Agreement (Ati Inc), Security Agreement (Ampco Pittsburgh Corp), Security Agreement (Allegheny Technologies Inc)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest(subject to the terms of the Intercreditor Agreement) interest subject to Permitted Encumbrances;
Appears in 2 contracts
Samples: Joinder Agreement (Boot Barn Holdings, Inc.), Joinder Agreement (Boot Barn Holdings, Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest(subject to Section 15.19) interest subject to Permitted Encumbrances;
Appears in 2 contracts
Samples: Credit Agreement (Boot Barn Holdings, Inc.), Credit Agreement (Boot Barn Holdings, Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject to Permitted Encumbrances and excluding the Specified Equity Interests and Excluded Personal Property);
Appears in 2 contracts
Samples: Security Agreement (Aventine Renewable Energy Holdings Inc), Security Agreement (Aventine Renewable Energy Holdings Inc)
Lien Priority. Any Lien created hereunder or under any Other Document or provided for hereby or thereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest or any Borrower or any other Person acting on its behalf shall so claim;
Appears in 2 contracts
Samples: Security Agreement (Dreams Inc), Security Agreement (Intcomex, Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (or having a second priority interest to the extent set forth in the Term Loan Intercreditor Agreement);
Appears in 2 contracts
Samples: And Security Agreement, Credit and Security Agreement (Green Plains Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement of the Other Documents for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject only to Permitted Encumbrances that have priority as a matter of Applicable Law to the extent such Liens only attach to Collateral other than Receivables or Inventory);
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Dasan Zhone Solutions Inc), Guaranty and Security Agreement (Dasan Zhone Solutions Inc)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement of the Other Documents for any reason ceases to be or is not a valid and perfected Lien having a first priority interestLien (subject to Liens permitted under Section 7.3 hereof);
Appears in 2 contracts
Samples: Credit and Security Agreement (Perma-Pipe International Holdings, Inc.), Security Agreement (Perma-Pipe International Holdings, Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest except for Priority Permitted Encumbrances (other than Liens on Permitted Non-Perfected Collateral);
Appears in 1 contract
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement Other Document for any reason (other than in accordance with the terms hereof and thereof) ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject only to Permitted Encumbrances that have priority as a matter of Applicable Law);
Appears in 1 contract
Samples: Credit and Security Agreement (Finish Line Inc /In/)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest, subject to Permitted Encumbrances;
Appears in 1 contract
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid valid, enforceable, and perfected Lien having a first priority interestinterest (subject only to Permitted Encumbrances);
Appears in 1 contract
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid valid, enforceable, and perfected Lien having a first second priority interestinterest (subject only to Permitted Encumbrances);
Appears in 1 contract
Samples: Intercreditor Agreement (Empeiria Acquisition Corp)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest;, subject to Permitted Encumbrances; or
Appears in 1 contract
Samples: Loan and Security Agreement (Swenson Granite Co LLC)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest except as otherwise provided hereunder;
Appears in 1 contract
Samples: Security Agreement (Amrep Corp.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject to the terms of the Seller Subordination Agreement and Midwest Intercreditor Agreement);
Appears in 1 contract
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid valid, enforceable and perfected Lien having a first priority interest;.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Zanett Inc)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest unless otherwise permitted by the terms set forth herein;
Appears in 1 contract
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest, subject only to Permitted Encumbrances;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Image Entertainment Inc)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement of the Other Documents for any reason ceases to be or is not a valid and perfected Lien having a first priority interestLien (subject only to Permitted Encumbrances);
Appears in 1 contract
Samples: Security Agreement (AutoWeb, Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first second priority interestinterest subordinate only to the Liens in favor Senior Lender;
Appears in 1 contract
Samples: Term Loan and Security Agreement (Air Industries Group, Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any of the Other Documents or any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject only to Permitted Encumbrances);
Appears in 1 contract
Samples: Loan and Security Agreement (Boomerang Systems, Inc.)
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interestinterest (subject only to any lien subordination set forth in the Intercreditor Agreements and Permitted Encumbrances that have priority as a matter of Applicable Law);
Appears in 1 contract
Samples: Term Loan Credit and Guaranty Agreement (New Enterprise Stone & Lime Co., Inc.)
Lien Priority. Any Subject to Permitted Encumbrances, any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest;
Appears in 1 contract
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having (i) a first priority interestinterest with respect to the First Priority Collateral and (ii) a second priority interest with respect to the Second Priority Collateral;
Appears in 1 contract
Lien Priority. Any Lien created hereunder or provided for hereby or under any related agreement for any reason ceases to be or is not a valid and perfected Lien having a first priority interest, subject to Permitted Liens;
Appears in 1 contract
Samples: Security Agreement (Emtec Inc/Nj)
