Liens; Indebtedness. Neither the Borrower nor any of its Subsidiaries has outstanding any Lien except (i) as permitted by Section 5.3, and (ii) certain mechanic’s liens for a property located in Idaho (“Idaho Mechanic’s Liens”) for which Borrower intends to obtain releases using a portion of the proceeds of the Loans.
Liens; Indebtedness. (a) Borrower shall not create, incur, assume or suffer to exist any Lien on any of the Collateral, except Liens created by or permitted pursuant to the Loan Documents. Borrower shall not, and shall not cause or permit Mortgage Borrower or Senior Mezzanine Borrower to create, incur, assume or suffer to exist any Lien on any portion of any Individual Property or Senior Mezzanine Collateral or permit any such action to be taken, except:
Liens; Indebtedness. Neither the Borrower nor any of its Subsidiaries has outstanding any Lien except as identified on Schedule 4.3.
Liens; Indebtedness. Neither the Borrower nor any of its Subsidiaries has outstanding any Lien except as permitted by Section 5.4.
Liens; Indebtedness. (a) Borrower shall not create, incur, assume or suffer to exist any Lien on any portion of any Individual Property or permit any such action to be taken, except:
Liens; Indebtedness. There are no Liens of any nature ------------------- whatsoever on any properties of any Loan Party or any of its Subsidiaries other than those permitted by Section 7.1. The Liens granted to the Agent pursuant to the Collateral Documents are fully perfected first priority Liens in and to the Collateral covered thereby.
Liens; Indebtedness. Neither the Borrower nor any of its Subsidiaries has outstanding any Lien except as otherwise permitted by this Agreement. Borrower’s entry into this Credit Agreement does not violate any other agreement or contract to which Borrower or its Subsidiaries is a party.
Liens; Indebtedness. The Borrowers shall not at any time during the Term directly or indirectly create, incur, assume or permit to exist any Lien on or with respect to any Borrowing Base Asset or any Capital Stock of NorthStar OP, NRFC Sub-REIT or any Borrowing Base Entity (or any Subsidiary of a Borrower or a Subsidiary Guarantor owning, directly or indirectly, the Capital Stock of any Borrowing Base Entity) for borrowed monies or any other Lien, unless the same is being contested in good faith or the same is discharged, bonded off or paid within thirty (30) days of filing of such Lien. Notwithstanding the foregoing, the Borrowers may permit Liens (i) encumbering the Real Property Assets relating to Eligible Property Equity Interests, provided that such Liens may only secure Indebtedness permitted by Exhibit G hereto and (ii) on the Capital Stock of Real Property Subsidiaries, provided that such Liens may only secure Indebtedness permitted by Exhibit G hereto (including any replacement financing of such Indebtedness to the extent permitted by Exhibit G hereto). No Subsidiary Guarantor shall at any time owe, create, incur or assume or otherwise be obligated in respect of any Indebtedness; provided that NNN Holdings may incur Indebtedness consisting of guarantees of customary carve-out matters such as fraud, misappropriation, bankruptcy, misapplication and environmental matters which guarantees are made in connection with Indebtedness incurred by a Subsidiary of NNN Holdings.
Liens; Indebtedness. There are no Liens of any nature whatsoever on any properties of any Loan Party or any of its Subsidiaries other than those permitted by Section 7.1. The Liens granted to the Agent pursuant to the Collateral Documents are fully perfected, first–priority Liens in and to the Collateral covered thereby. Regardless of the Indebtedness otherwise permitted hereby (including, without limitation, permitted pursuant to Section 7.2, Schedule 7.2(a) lists all Indebtedness of the Loan Parties existing on the Effective Date which would be included within the scope of clauses (a), (b), (c), and (d) of the definition of “Indebtedness” and Indebtedness secured by a purchase money security interest.
Liens; Indebtedness. Seller will not from or after the date hereof, (a) except in the ordinary course of business consistent with past practices, mortgage, pledge or subject to a lien, security interest or any other encumbrance any of its property or assets, dispose of any of its property or assets or incur or cancel any obligation, indebtedness or claims, (b) except in the ordinary course of business consistent with past practices, incur, increase, renew, refinance or extend or agree or commit to incur, increase, renew, refinance or extend any indebtedness for borrowed money, any obligation which is evidenced by any note, bond, debenture, instrument or security, or obligation with respect to any commercial or standby letter of credit, or (c) guaranty the obligations of any other person or entity, except for guarantees of collection in the ordinary course of business, consistent with past practice.
