Common use of Liens and Encumbrances Clause in Contracts

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 18 contracts

Samples: Loan and Security Agreement (Digirad Corp), Loan and Security Agreement (Rockwell Medical Technologies Inc), Loan and Security Agreement (BMJ Medical Management Inc)

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Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its the Receivables-Related Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 3 contracts

Samples: Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp)

Liens and Encumbrances. Borrower will shall not create, incur, assume or suffer permit to exist any security interest, encumbrance, mortgage, pledgedeed of trust, lien or other encumbrance lien (including, but not limited to, a lien of attachment, judgment or execution) affecting any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) uponof Borrower’s properties, or execute or allow to be filed any security interest in, financing statement or continuation thereof affecting any of its Collateral, whether now owned or hereafter acquiredsuch properties, except for Permitted LiensLiens or as otherwise provided in this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (Truett-Hurst, Inc.), Loan and Security Agreement (Truett-Hurst, Inc.), Loan and Security Agreement (Guidance Software, Inc.)

Liens and Encumbrances. Borrower will shall not create, incur, assume or suffer permit to exist any security interest, encumbrance, mortgage, pledgedeed of trust, lien or other encumbrance lien (including, but not limited to, a lien of attachment, judgment or execution) affecting any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) uponof Borrower's properties, or execute or allow to be filed any security interest in, financing statement or continuation thereof affecting any of its Collateral, whether now owned or hereafter acquiredsuch properties, except for Permitted LiensLiens or as otherwise provided in this Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Truett-Hurst, Inc.), Loan and Security Agreement (Truett-Hurst, Inc.), Loan Agreement (Point.360)

Liens and Encumbrances. Borrower will shall not create, incur, assume incur or suffer permit to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) uponretention, lien, encumbrance, lease, easement, or any security interest in, any of its Collateral, whether now owned or hereafter acquiredwith respect to the Collateral ("Liens"), except for Permitted LiensLiens (i) in favor of Bank or (ii) otherwise consented to in writing by Bank.

Appears in 2 contracts

Samples: Security Agreement (Electric City Corp), Security Agreement (Electric City Corp)

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Newcare Health Corp), Loan and Security Agreement (Retirement Care Associates Inc /Co/)

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its the Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Secured Term Note (Trizetto Group Inc)

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for Permitted Liensas described on SCHEDULE 1.36 and SCHEDULE 4.19.

Appears in 1 contract

Samples: Loan and Security Agreement (Raintree Healthcare Corp)

Liens and Encumbrances. The Borrower will shall not create, incur, assume or permit or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, Lien on any of its Collateralassets, whether now owned including without limitation, the Premises and any other property which secures the Obligations or hereafter acquiredany of them under this Reimbursement Agreement, except for other than Permitted LiensEncumbrances.

Appears in 1 contract

Samples: Letter of Credit and Reimbursement Agreement (CFC International Inc)

Liens and Encumbrances. Borrower will not create, incur, assume ------------------------------------- or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (International Nursing Services Inc)

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for Permitted Liens.any

Appears in 1 contract

Samples: Secured Term Note (Trizetto Group Inc)

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for or Permitted Liens.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Sunlink Health Systems Inc)

Liens and Encumbrances. Borrower will shall not create, incur, assume or ---------------------- suffer to exist any mortgage, pledge, encumbrance, security interest, lien or other encumbrance charge of any kind upon any of its property or assets (including the including, without limitation, any charge upon property purchased or acquired under a conditional sale sales or other title retention agreementretaining agreement or lease required to be capitalized under GAAP) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for acquired other than Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Symmetricom Inc)

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Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, Xxxxxxxx's ownership interest in any of its the Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Secured Term Note (LTC Properties Inc)

Liens and Encumbrances. The Borrower will not, and will not cause or permit any of its Restricted Subsidiaries to, create, incur, assume or suffer to exist any mortgagedeed of trust, pledgemortgage or encumbrance, lien (including a lien of attachment, judgment or other encumbrance of any kind execution) or security interest (including the charge upon property purchased under interest of a conditional sale seller of goods), securing a charge or other title retention agreement) uponobligation, in or any security interest in, on any of its Collateralproperty, real or personal, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Envoy Corp /Tn/)

Liens and Encumbrances. Borrower will not create, incur, assume ---------------------- or suffer to exist any mortgage, pledge, lien or other encumbrance Lien of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its the Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Creditrust Corp)

Liens and Encumbrances. The Borrower will not create, incur, assume or suffer to exist any mortgagedeed of trust, pledgemortgage or encumbrance, lien (including a lien of attachment, judgment or other encumbrance of any kind execution) or security interest (including the charge upon property purchased under interest of a conditional sale seller of goods), securing a charge or other title retention agreement) uponobligation, in or any security interest in, on any of its real or personal property (including without limitation the Collateral), whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Loan Agreement (Varitek Industries Inc)

Liens and Encumbrances. Borrower will not create, ---------------------- incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Lasersight Inc /De)

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its CollateralCollateral or the Property, whether now owned or hereafter acquired, except for the Permitted LiensLiens and liens securing any liability for Borrowed Money permitted under Section 7.1 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Balanced Care Corp)

Liens and Encumbrances. Borrower will not create, incur, ---------------------- assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthcor Holdings Inc)

Liens and Encumbrances. Borrower will not create, incur, assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its the Note Collateral, whether now owned or hereafter acquired, except for Permitted Liensthose set forth on Schedule 11(c) to this Secured Bridge Note.

Appears in 1 contract

Samples: Agreement of Sale (Newcare Health Corp)

Liens and Encumbrances. Borrower will shall not create, incur, ------------------------ assume or suffer to exist any mortgage, pledge, lien or other encumbrance of any kind (including the charge upon property purchased under a conditional sale or other title retention agreement) upon, or any security interest in, any of its Collateral, whether now owned or hereafter acquired, except for Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (New York Health Care Inc)

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