Liens; Claims. A. Goods shall be provided solely by Contractor or by those subcontractors that Company may from time to time allow by its prior written approval. No approval shall relieve Contractor of any of its obligations under the Agreement. Contractor shall be responsible to Company for Goods provided or performed by all Contractor’s subcontractors to the same extent Contractor is responsible for activities performed by Contractor’s employees. Contractor shall ensure that all its contracts with its Subcontractors contain terms and conditions that are in conformity with and no less stringent than the terms and conditions of the Agreement between Company and Contractor. Contractor shall provide Company with a list of all subcontractors, if any, providing Goods together with evidence satisfactory to Company that all of Contractor’s employees and subcontractors have been paid in full for Goods provided or performed.
B. Contractor shall pay and completely satisfy all claims or demands for labor, services, supplies, equipment, rentals, and material employed or used by it arising out of, in connection with, or related to the Agreement when those claims become due and payable. Contractor shall allow no lien or charge to be fixed upon the property (owned, leased, or hired) of Company, and Contractor shall ensure that no liens of any kind are fixed upon or against such property of Company by Contractor’s employees, subcontractors, or subcontractors’ employees. CONTRACTOR SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY PARTIES FROM ALL SUCH LIENS AND RELATED CLAIMS. Company reserves the right to require Contractor to furnish it with satisfactory evidence that Contractor has paid all labor and material claims chargeable to Contractor. If a lien does attach and is not removed, Company may pay such claim and remove such encumbrance, and Contractor shall thereupon be liable to Company for the full amount of such claim, together with all costs and expenses arising therefrom, including attorney fees.
Liens; Claims. There has not been any satisfaction or discharge of any lien, claim or encumbrance or payment of any obligation by the Company or any of its subsidiaries, except in the ordinary course of business and that is material to its assets, properties, financial condition, operating results or business (as such business is presently conducted and as it is proposed to be conducted).
Liens; Claims. 12 2.28 Real Property Holding Company..............................12 2.29
Liens; Claims. (A) The Liens set forth in the Loan Documents are valid, existing, perfected priority liens; (B) except for Laurus and Coast, there are no valid or existing secondary obligations owed by Debtor which are secured by Liens in the Purchased Assets; (C) there are no claims, counterclaims, defenses or offsets existing with respect to the payment of any of the Loans, the Related Collateral or any of the Purchased Assets; and (D) the terms of and Liens granted by the Obligors relating to the Purchased Assets comply with all Applicable Laws.
Liens; Claims. 8.1 Acceptance by Subconsultant of final payment shall operate as a full and final release of Consultant and Owner from liability for any and all claims by Subconsultant, and its subcontractors or suppliers, for additional compensation or payment for Services rendered, costs incurred, or work performed by Subconsultant under this Agreement Consultant may withhold an amount sufficient to discharge any or all liens asserted at any time by or through Subconsultant or Subconsultant's subcontractors or suppliers from any payment due the Subconsultant
Liens; Claims. Any lien or claim which may be alleged to have arisen against or on the Premises, or any part thereof, or against any of the assets of, or funds appropriated to, Landlord or any liability which may be asserted against Landlord with respect thereto, which lien or claim arising out of any work done by or for Tenant or any person claiming under or through Tenant (other than Landlord's Work to the extent that Landlord bears the cost of the same);
Liens; Claims. If a lien claim or affidavit is recorded or is served upon Lender which affects the Mortgaged Property, or if Borrower is otherwise unable to satisfy the provisions of Section 4.1(f) hereof, Borrower shall, on or before the earlier of: (i) within ten (10) days of such recording or service, (ii) within five (5) days of Lender’s demand, or (iii) on or before the date of the requested Advance if Borrower is relying on this Section 5.8 for satisfaction of Section 4.1(f) hereof, take one of the following courses of action: (A) pay and discharge the same; (B) effect the release thereof by recording and delivering to Lender a surety bond as described below; (C) provide Lender with other assurance which Lender deems, in its sole discretion, to be satisfactory for the payment of such lien claim or affidavit and for the full and continuous protection of Lender from the effect of such lien claim or affidavit; or (D) contest such claim, with diligence, in good faith and as required by applicable law, in a manner which will have the effect of releasing or bonding such claim prior to the applicable Completion Date (or Sales Contract sale date, if earlier) or A&D Completion SECOND AMENDED AND RESTATED LOAN AGREEMENT - Page 26 Date. In the case of a lien contest pursuant to clause (D) above, the Collateral affected by such claim should be revalued on the Borrowing Base Report if the amount thereof is material; provided, however, unless Lender disapproves same or requires action under clauses (A), (B) and (C) above, Borrower may escrow with the Title Company cash in an amount required by the Title Company to provide “insurance around” such lien claim. A surety bond which satisfies the provisions of clause (C) above, shall be a bond meeting the requirements of Texas Property Code, Chapter 53, subchapter H, Sections 53.171 et seq. (or other applicable law of the State where the affected portion of the Mortgaged Property is located), as same may be hereafter amended or supplemented; provided, however, if such provisions are ever repealed, then such surety bond shall be in form, amount and issued by a surety acceptable to Lender, in its sole and absolute discretion.
Liens; Claims. In connection with its occupancy and use of the Premises, Airlineshall not cause or permit any liens or claims against Airport property to be filed, recorded, maintained, foreclosed upon or otherwise enforced and does hereby expressly indemnify the County against any liabilities, costs or fees, including reasonable attorneys fees, relating thereto.
Liens; Claims. The Stockholder has good and marketable title to ------------- the Contributed Assets, and has the right to contribute, assign, transfer and convey to the Company all of the Contributed Assets. No third party has been granted any rights with respect to the Contributed Assets. To the Stockholder's knowledge, there are no liens, security interests or encumbrances of any kind or nature on or affecting the Contributed Assets. The Stockholder is not now, nor has it ever been, the subject of voluntary or involuntary bankruptcy, insolvency or similar proceeding in any jurisdiction. There are no actions, suits or proceedings which have been instituted or threatened against or affecting the Contributed Assets at law or in equity, or before any federal, state, municipal or other governmental agency or instrumentality, which may affect the validity, value, enforceability, use or utility of the Contributed Assets or the ability of the Stockholder to perform its obligations or to consummate the transactions contemplated by this Agreement.
