Liens; Negative Pledges; Sales and Leasebacks. Create, incur, assume or suffer to exist any Lien or Right of Others of any nature upon or with respect to Authority Property; or suffer to exist any Negative Pledge with respect to any Authority Property; or engage in any sale and leaseback transaction with respect to any Authority Property; except:
(a) Permitted Encumbrances and Permitted Rights of Others;
(b) Liens and Negative Pledges in favor of the Administrative Agent or the Lenders under the Loan Documents;
(c) Existing Liens disclosed in Schedule 7.8; provided that the obligations secured thereby are not increased;
(d) Existing Rights of Others and Negative Pledges disclosed in Schedule 7.8;
(e) Purchase money Liens and associated Negative Pledges incurred with respect to Property acquired using the proceeds of Indebtedness and Capital Leases permitted under Section 7.9(g);
(f) Rights of Others granted pursuant to the WNBA Agreements consisting of the right to use the Mohegan Sun Arena for scheduled home games of the Connecticut Sun and related basketball activities; and
(g) Liens, Negative Pledges and Rights of Others in respect of assets of the WNBA Subsidiary in favor of WNBA, LLC or its designees to secure obligations of the WNBA Subsidiary under the WNBA Agreements.
Liens; Negative Pledges; Sales and Leasebacks. Create, --------------------------------------------- incur, assume or suffer to exist any Lien of any nature upon or with respect to any of their respective properties, whether now owned or hereafter acquired; or suffer to exist any Negative Pledge; or engage in any sale and leaseback transaction with respect to its property; except:
(a) Permitted Encumbrances;
(b) Liens and Negative Pledges in favor of the Lenders;
(c) Liens in connection with Permitted Accounts Receivable Financings permitted by Section 7.01(c);
(d) Liens on property acquired pursuant to Acquisitions permitted hereunder, provided such Liens were not incurred in contemplation of such Acquisition; and
(e) Other Liens securing Indebtedness not exceeding 15% of Shareholders' Equity at any time.
Liens; Negative Pledges; Sales and Leasebacks. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of its Property or Collateral or agree to grant a Negative Pledge for the benefit of any other party other than Administrative Agent, or engage in any sale and leaseback transaction with respect to any of its respective Property or Collateral, whether now owned or hereafter acquired, except:
(a) Liens and Negative Pledges under the Loan Documents; and
(b) Permitted Encumbrances.
Liens; Negative Pledges; Sales and Leasebacks. Create, incur, assume --------------------------------------------- or suffer to exist any Lien or Right of Others of any nature upon or with respect to Authority Property; or suffer to exist any Negative Pledge with respect to any Authority Property; or engage in any sale and leaseback transaction with respect to any Authority Property; except:
(a) Permitted Encumbrances and Permitted Rights of Others;
(b) Liens and Negative Pledges in favor of the Administrative Agent or the Lenders under the Loan Documents;
(c) Existing Liens disclosed in Schedule 7.8; provided that (i) the obligations secured thereby are not increased, and (ii) the Liens and related Negative Pledges in favor of First Fidelity Bank and Fleet National Bank disclosed on Schedule 7.8 as file numbers 0001709240 and 0001723520 shall be terminated in accordance with Section 10.2 prior to the making of the Initial Advances and the issuance of the initial Letters of Credit hereunder;
(d) Existing Rights of Others and Negative Pledges disclosed in Schedule 7.8; and
(e) Purchase money Liens and associated Negative Pledges incurred with respect to Property acquired using the proceeds of Indebtedness and Capital Leases permitted under Section 7.9(h).
Liens; Negative Pledges; Sales and Leasebacks. (a) Permitted Encumbrances;
(b) Liens in favor of the Administrative Agent or the Banks under the Loan Documents;
(c) Liens existing on the date hereof and listed on Schedule 6.5 and ------------ Liens on the same Property which secure Indebtedness which replaces or refinances the Indebtedness originally secured by those Liens; provided -------- that the obligations secured thereby are not increased;
(d) pre-existing Liens on assets acquired by the Company or any of its Subsidiaries after the Closing Date; and
(e) Liens securing Indebtedness or obligations (including sale and leaseback transactions to which the Company or any Subsidiary is a party as vendor and lessee) incurred after the date hereof the outstanding amount of which Indebtedness or obligation does not in the aggregate exceed 35% of consolidated total assets of the Company (measured as of the last day of the most recently ended Fiscal Quarter).
Liens; Negative Pledges; Sales and Leasebacks. Create, incur, assume or suffer to exist any Lien or Right of Others of any nature upon or with respect to Gaming Property; or suffer to exist any Negative Pledge with respect to any Gaming Property; or engage in any sale and leaseback transaction with respect to any Gaming Property; except:
(a) Permitted Encumbrances and Permitted Rights of Others;
(b) Liens and Negative Pledges in favor of the Administrative Agent or the Lenders under the Loan Documents; and
(c) Purchase money Liens and associated Negative Pledges incurred with respect to Property acquired using the proceeds of Indebtedness and Capital Lease Obligations permitted under Section 6.8(d).
Liens; Negative Pledges; Sales and Leasebacks. Create, incur, assume or suffer to exist any Lien of any nature upon or with respect to any of their respective properties, whether now owned or hereafter acquired; or suffer to exist any Negative Pledge; or engage in any sale and leaseback transaction with respect to its property; except:
(a) Permitted Encumbrances;
(b) Liens and Negative Pledges in favor of the Lenders;
(c) Liens in connection with a Permitted Accounts Receivable Financing;
(d) Liens on property acquired pursuant to Acquisitions permitted hereunder, provided such Liens were not incurred in contemplation of such Acquisition;
(e) Sale and leaseback transactions which, together with operating leases permitted by Section 7.17(b), do not exceed in the aggregate $10,000,000 in aggregate payment obligations in any Fiscal Year, and Liens and Negative Pledges solely on assets and the proceeds thereof the subject of such transactions, provided that the Advances are prepaid in an amount equal to the net Cash proceeds received from such transactions, concurrently upon the receipt thereof, in accordance with Section 2.11(c);
(f) Negative Pledges in favor of lenders providing financing permitted under Section 7.07(f) PROVIDED that (i) the Advances are prepaid in an amount equal to the net proceeds from such financing concurrently upon receipt thereof by the Borrowers or any of their Subsidiaries in accordance with Section 2.11(c), and (ii) the Total Commitment is reduced by an amount equal to such net proceeds (whether or not the Total Commitment is fully utilized at such time); PROVIDED, FURTHER, that if any such required prepayment is postponed in accordance with the proviso to Section 2.11(c), the reduction in Total Commitment set forth in this subsection shall also be correspondingly postponed; PROVIDED, FURTHER, that any such reduction in the Total Commitment shall not be in lieu of the reductions in the Total Commitment scheduled to occur on the immediately following Amortization Dates; the Total Commitment shall continue to automatically reduce on each scheduled Amortization Date by an amount equal to the Amortization Amount pursuant to Section 2.10(b);
(g) Liens in connection with transfers of accounts receivable permitted by Section 7.01(d);
(h) Liens and Negative Pledges solely on assets leased in connection with leases permitted by Section 7.17;
(i) Negative Pledge solely on assets of Sunrise Medical Ltd. and its Subsidiaries in connection with its European Coal and Steel Community financin...
Liens; Negative Pledges; Sales and Leasebacks. Create, incur, assume or suffer to exist any Lien of any nature upon or with respect to any of their respective Properties, whether now owned or hereafter acquired, or engage in any sale and leaseback transaction with respect to its Property, except:
(a) Permitted Encumbrances;
(b) Liens in favor of the Administrative Agent or the Banks under the Loan Documents;
(c) Liens existing on the date hereof and listed on Schedule 6.3 and Liens on the same Property which secure Indebtedness which replaces or refinances the Indebtedness (or commitment) originally secured by those Liens; provided that the obligations secured thereby are not increased;
(d) pre-existing Liens on assets acquired by the Company or any of its Subsidiaries after the Closing Date; and
(e) Liens securing Indebtedness or obligations (including sale and leaseback transactions to which the Company or any Subsidiary is a party as vendor and lessee) incurred after the date hereof the outstanding amount of which Indebtedness or obligation does not in the aggregate exceed 35% of Consolidated Net Worth (measured as of the last day of the most recently ended Fiscal Quarter).
Liens; Negative Pledges; Sales and Leasebacks. Create, incur, assume or suffer to exist any Lien or Right of Others of any nature upon or with respect to any of its Property, whether now owned or hereafter acquired; or suffer to exist any Negative Pledge with respect to any of its Property; or engage in any sale and leaseback transaction with respect to any of its Property; EXCEPT:
(a) Permitted Encumbrances;
(b) Liens and Negative Pledges in favor of the Creditors under the Loan Documents;
(c) Existing Liens disclosed in Schedule 6.9 and permitted refinancings thereof; and
(d) purchase money Liens securing Indebtedness permitted under Section 6.8(d).
Liens; Negative Pledges; Sales and Leasebacks. As of the Test Date, the amount of purchase money Liens securing Indebtedness permitted under Section 6.8(g) created, incurred, assumed or suffered to exist by Borrower and its Subsidiaries was $____________. Maximum Permitted: $5,000,000 V. Section 6.10(b)--Transactions with Affiliates. --------------------------------------------- As of the Test Date and following the Closing Date the aggregate value of transactions between Borrower or its Subsidiaries and any officer or Affiliate of Borrower was $____________. Maximum Permitted: $1,000,000 VI. Section 6.11(e) and (f)--Investments. ------------------------------------
