Common use of Liens; Sales and Leasebacks Clause in Contracts

Liens; 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 or obligations which replaces or refinances the Indebtedness (or commitment) or obligations originally secured by those Liens; provided that the Indebtedness or 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) additional Liens securing Indebtedness or obligations (including sale and leaseback transactions to which the Company or any Subsidiary is a party as vendor and lessee), the outstanding amount of which Indebtedness or obligation together with Indebtedness of the Company’s Subsidiaries permitted under Section 6.5, does not in the aggregate exceed 35% of Consolidated Net Worth (measured as of the last day of the most recently ended Fiscal Quarter).

Appears in 4 contracts

Samples: Credit Agreement (Amgen Inc), Credit Agreement (Amgen Inc), Credit Agreement (Amgen Inc)

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Liens; 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: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 or obligations which replaces or refinances the Indebtedness (or commitment) or obligations originally secured by those Liens; provided that the Indebtedness or obligations secured thereby are not increased; (d) pre-existing Liens on assets acquired by the Company Borrower or any of its Subsidiaries after the Closing Effective Date; and (e) additional Liens securing Indebtedness or obligations (including sale and leaseback transactions to which the Company Borrower or any Subsidiary is a party as vendor and lessee), the outstanding amount of which Indebtedness or obligation together with Indebtedness of the CompanyBorrower’s Subsidiaries permitted under Section 6.5, does not in the aggregate exceed 35% of Consolidated Net Worth (measured as of the last day of the most recently ended Fiscal Quarter).Quarter).‌

Appears in 2 contracts

Samples: Term Loan Credit Agreement, Bridge Credit Agreement

Liens; Sales and Leasebacks. Create, incur, assume or suffer to exist any Lien of any nature securing Indebtedness 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 or obligations which replaces or refinances the Indebtedness (or commitment) or obligations originally secured by those Liens; provided that the Indebtedness or 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) additional Liens securing Indebtedness or obligations (including sale and leaseback transactions to which the Company or any Subsidiary is a party as vendor and lessee), the outstanding amount of which Indebtedness or obligation together with Indebtedness of the Company’s Subsidiaries permitted under Section 6.5, does not in the aggregate exceed 35% of Consolidated Net Worth (measured as of the last day of the most recently ended Fiscal Quarter).

Appears in 1 contract

Samples: Credit Agreement (Amgen Inc)

Liens; 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 or obligations which replaces or refinances the Indebtedness (or commitment) or obligations originally secured by those Liens; provided that the Indebtedness or obligations secured thereby are not increased; (d) pre-existing Liens on assets acquired by the Company Borrower or any of its Subsidiaries after the Closing Date; and (e) additional Liens securing Indebtedness or obligations (including sale and leaseback transactions to which the Company Borrower or any Subsidiary is a party as vendor and lessee), the outstanding amount of which Indebtedness or obligation together with Indebtedness of the CompanyBorrower’s Subsidiaries permitted under Section 6.5, does not in the aggregate exceed 35% of Consolidated Net Worth (measured as of the last day of the most recently ended Fiscal Quarter).

Appears in 1 contract

Samples: Term Loan Facility Credit Agreement (Amgen Inc)

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Liens; 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 or obligations which replaces or refinances the Indebtedness (or commitment) or obligations originally secured by those Liens; provided that the Indebtedness or obligations secured thereby are not increased; (d) pre-existing Liens on assets acquired by the Company Borrower or any of its Subsidiaries after the Closing Effective Date; and (e) additional Liens securing Indebtedness or obligations (including sale and leaseback transactions to which the Company Borrower or any Subsidiary is a party as vendor and lessee), the outstanding amount of which Indebtedness or obligation together with Indebtedness of the CompanyBorrower’s Subsidiaries permitted under Section 6.5, does not in the aggregate exceed 35% of Consolidated Net Worth (measured as of the last day of the most recently ended Fiscal Quarter).

Appears in 1 contract

Samples: Bridge Credit Agreement (Amgen Inc)

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