Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its property, whether now owned or hereafter acquired, except for Permitted Liens.
Appears in 47 contracts
Samples: Credit Agreement (Public Service Co of Colorado), Credit Agreement (Public Service Co of Colorado), Credit Agreement (Public Service Co of Colorado)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any portion of its property, whether now owned the Property or hereafter acquiredpermit any such action to be taken, except for Permitted LiensEncumbrances.
Appears in 36 contracts
Samples: Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (Global Net Lease, Inc.), Loan Agreement (Strategic Storage Trust II, Inc.)
Liens. The Borrower shall not, and shall not permit at any of its Significant Subsidiaries to, time directly or indirectly, indirectly create, incur, assume or suffer permit to exist any Lien upon exist, on any of its property, whether now owned any Lien for borrowed monies or hereafter acquired, any other Lien except for Permitted Liens.
Appears in 31 contracts
Samples: Credit Agreement (Blue Owl Credit Income Corp.), Credit Agreement (Ares Strategic Income Fund), Credit Agreement (AB Private Credit Investors Corp)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries toto create, incur, assume, or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.
Appears in 30 contracts
Samples: Credit Agreement (Titan Machinery Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.), Credit Agreement (Nuverra Environmental Solutions, Inc.)
Liens. The Borrower shall will not, and shall not nor will it permit any of its Significant Subsidiaries to, directly or indirectlycontract, create, incur, assume or suffer permit to exist any Lien upon with respect to any of its propertytheir Property, whether now owned or hereafter after acquired, except for Permitted Liens.
Appears in 28 contracts
Samples: 364 Day Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), 364 Day Credit Agreement (Autozone Inc)
Liens. The Each Borrower shall will not, and shall will not permit any of its Significant Subsidiaries toto create, incur, assume, or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.
Appears in 24 contracts
Samples: Credit Agreement (Delta Apparel, Inc), Credit Agreement (EGAIN Corp), Syndicated Facility Agreement (Cleveland-Cliffs Inc.)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries Subsidiary to, directly or indirectly, create, incur, assume incur or suffer permit to exist any Lien upon of any of its propertykind on any Property owned by any such Person; provided, whether now owned or hereafter acquiredhowever, except for that the foregoing shall not apply to nor operate to prevent any Permitted Liens.
Appears in 21 contracts
Samples: Credit Agreement (CTO Realty Growth, Inc.), Credit Agreement (LTC Properties Inc), Credit Agreement (Alpine Income Property Trust, Inc.)
Liens. The Borrower shall not, and shall not permit any of its Significant the Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, or suffer permit to exist any Lien upon on any of its property, whether property now owned or hereafter acquiredacquired by any of them, except for Permitted Liens.
Appears in 18 contracts
Samples: Credit Agreement (ProFrac Holding Corp.), Term Loan Credit Agreement (ProFrac Holding Corp.), Credit Agreement (ProFrac Holding Corp.)
Liens. The Borrower shall notnot grant or permit to exist (voluntarily or involuntarily) any lien, and shall not permit claim, security interest or other encumbrance whatsoever on any of its Significant Subsidiaries toassets, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its property, whether now owned or hereafter acquired, except for other than Permitted Liens.
Appears in 14 contracts
Samples: Credit and Security Agreement (Singing Machine Co Inc), Credit and Security Agreement (LIVE VENTURES Inc), Loan and Security Agreement (Sri Surgical Express Inc)
Liens. The Borrower Borrowers shall not, and shall not permit any of its Significant their Subsidiaries to, directly or indirectly, at any time create, incur, assume or suffer to exist any Lien upon on any of its propertyproperty or assets, whether tangible or intangible, now owned or hereafter acquired, or agree or become liable to do so, except for Permitted Liens.
Appears in 14 contracts
Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)
Liens. The Borrower shall will not, and shall not nor will it permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any of its property, whether Property now owned or hereafter acquiredacquired by it, except for or assign or sell any income or revenues (including accounts receivable) or rights in respect of any thereof, other than Permitted Liens.
Appears in 13 contracts
Samples: Loan Agreement, Loan Agreement (Nuveen Mortgage Opportunity Term Fund 2), Loan Agreement (Nuveen Mortgage Opportunity Term Fund 2)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, at any time create, incur, assume or suffer to exist any Lien upon on any of its propertyproperty or assets, whether tangible or intangible, now owned or hereafter acquired, or agree or become liable to do so, except for Permitted Liens.
Appears in 11 contracts
Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Excelsior Lasalle Property Fund Inc), Credit Agreement (Triumph Group Inc /)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any portion of its property, whether now owned any Individual Property or hereafter acquiredpermit any such action to be taken, except for Permitted LiensEncumbrances.
Appears in 11 contracts
Samples: Loan Agreement (Gramercy Capital Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)
Liens. The Neither the Borrower shall not, and shall not permit nor any of its Significant Subsidiaries to, directly or indirectly, shall create, incur, assume assume, or suffer permit to exist any Lien upon on any of its property, whether property now owned or hereafter acquiredacquired by any of them, except for Permitted Liens.
Appears in 10 contracts
Samples: Term Loan and Security Agreement (LDM Technologies Inc), Loan and Security Agreement (Good Guys Inc), Loan and Security Agreement (LDM Technologies Inc)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any portion of its property, whether now owned or hereafter acquired, the Property except for Permitted LiensEncumbrances.
Appears in 10 contracts
Samples: Loan Agreement (Ps Business Parks Inc/Ca), Loan Agreement (Chesapeake Lodging Trust), Loan Agreement (Thomas Properties Group Inc)
Liens. The Each Borrower shall will not, and shall will not permit any of its Significant Subsidiaries to, create, incur, assume, or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.
Appears in 10 contracts
Samples: Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.), Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon of any of its property, whether now owned kind on any property or hereafter acquiredasset that constitutes Collateral, except for Permitted Liens.
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (Spirit Airlines, Inc.), Credit and Guaranty Agreement (Spirit Airlines, Inc.), Credit and Guaranty Agreement (Spirit Airlines, Inc.)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries toRestricted Entity to create, directly or indirectly, createassume, incur, assume or suffer to exist any Lien upon on any of its property, real or personal property whether now owned or hereafter acquired, or assign any right to receive its income, except for Permitted Liens.
Appears in 8 contracts
Samples: Credit Agreement (NBH Holdings Co Inc), Accession and Amendment Agreement (Coach Usa Inc), Credit Agreement (Coach Usa Inc)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume assume, permit or suffer to exist any Lien upon on any portion of its property, whether now owned the Property or hereafter acquiredpermit any such action to be taken, except for Permitted LiensEncumbrances.
Appears in 8 contracts
Samples: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries Guarantor to, directly or indirectly, create, incur, assume incur or suffer permit to exist any Lien upon of any of its propertykind on any Property owned by any such Person, whether now owned or hereafter acquired, except for other than Permitted Liens.
Appears in 7 contracts
Samples: Credit Agreement (Umh Properties, Inc.), Credit Agreement (Umh Properties, Inc.), Credit Agreement (American Finance Trust, Inc)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries to, create, incur, assume, or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.
Appears in 7 contracts
Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Birks Group Inc.), Credit Agreement (Quanex Building Products CORP)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its property, revenues or assets, whether now owned or hereafter acquired, except for Permitted Liens.except:
Appears in 7 contracts
Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)
Liens. The Borrower shall not, and shall not permit any of its Significant Restricted Subsidiaries to, directly or indirectly, create, incur, assume assume, or suffer permit to exist any Lien upon on any of its property, whether property now owned or hereafter acquiredacquired by any of them, except for Permitted Liens.
Appears in 7 contracts
Samples: Credit Agreement (ProPetro Holding Corp.), Restatement Agreement (ProPetro Holding Corp.), Credit Agreement (Nesco Holdings, Inc.)
Liens. The Borrower shall not, and shall not permit or suffer any of its Significant Subsidiaries Guarantor to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertytheir respective properties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 6 contracts
Samples: Loan Agreement (Silver Wheaton Corp.), Loan Agreement (Silver Wheaton Corp.), Bridge Loan Agreement (Silver Wheaton Corp.)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries Subsidiary to, directly or indirectly, create, assume, incur, assume or suffer permit to exist or to be created, assumed, incurred or permitted to exist, directly or indirectly, any Lien upon on any of its property, whether now owned or hereafter acquired, except for Permitted Liens.
Appears in 5 contracts
Samples: Credit Agreement (Anthem Inc), Loan Agreement (Anthem Inc), Loan Agreement (Wellpoint Inc)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries to, directly create or indirectly, create, incur, assume incur or suffer to be created or incurred or to exist any Lien upon on any of its property, whether now owned or hereafter acquired, assets except for Permitted Liens.
Appears in 5 contracts
Samples: Credit Agreement (Epr Properties), Credit Agreement (Epr Properties), Credit Agreement (Epr Properties)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer permit to exist any Lien upon on or with respect to any of its propertyProperty, whether now owned or hereafter acquired, except for except:
(i) Permitted Liens; and
(ii) Liens securing Indebtedness permitted to be incurred and remain outstanding pursuant to Section 8.01(a)(iv) and (v).
Appears in 5 contracts
Samples: Loan Agreement (Manufactured Home Communities Inc), Credit Agreement (Equity Lifestyle Properties Inc), Loan Agreement (Equity Lifestyle Properties Inc)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon of any of its property, whether kind on any asset now owned or hereafter acquired, except for Permitted Liens.
Appears in 5 contracts
Samples: Credit and Guarantee Agreement (Calpine Corp), Credit Agreement (Delta Energy Center, LLC), Credit and Guarantee Agreement (Calpine Corp)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any portion of its propertythe Property or permit any such action to be taken, whether now owned except:
(a) Permitted Encumbrances;
(b) Liens created by or hereafter acquired, except permitted pursuant to the Loan Documents; and
(c) Liens for Permitted LiensTaxes or Other Charges not yet due.
Appears in 5 contracts
Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Wyndham International Inc)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, except for other than Permitted Liens.
Appears in 5 contracts
Samples: Loan Agreement (Celularity Inc), Loan Agreement (Celularity Inc), Loan Agreement (Celularity Inc)
Liens. The Borrower shall not, and shall not grant or permit to exist (voluntarily or involuntarily) any Lien on any of its Significant Subsidiaries toassets, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its property, whether now owned or hereafter acquired, except for other than Permitted Liens.
Appears in 5 contracts
Samples: Loan and Security Agreement (Crdentia Corp), Loan and Security Agreement (Crdentia Corp), Loan and Security Agreement (Crdentia Corp)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries Subsidiary to, directly or indirectly, create, incur, assume create or suffer to exist any Lien Lien, or cause any other Person to create or suffer to exist any Lien, upon any of its property, whether now owned or hereafter acquired, except for assets other than Permitted Liens.
Appears in 4 contracts
Samples: Revolving Loan Agreement (Viggle Inc.), Term Loan Agreement (Universal Insurance Holdings, Inc.), Revolving Loan Agreement (Universal Insurance Holdings, Inc.)
Liens. The Borrower shall not, and Borrowers shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon the Collateral or any of its propertyother property or asset, whether now owned or hereafter acquiredacquired by Borrowers, except for Permitted Liens.
Appears in 4 contracts
Samples: Margin Loan Agreement (Cannae Holdings, Inc.), Margin Loan Agreement (Cannae Holdings, Inc.), Margin Loan Agreement (Cannae Holdings, Inc.)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist exist, or permit any of its Subsidiaries to create, incur, assume or permit to exist, directly or indirectly, any Lien upon on or with respect to any of its property, whether real, personal or mixed, and whether now owned or hereafter acquired, or upon the income or profits therefrom, except for Permitted Liens.
Appears in 4 contracts
Samples: Credit Agreement (Motorcar Parts America Inc), Credit Agreement (Motorcar Parts America Inc), Credit Agreement (Diodes Inc /Del/)
Liens. The Borrower shall will not, and shall not nor will it permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its propertyProperty, whether now owned or hereafter acquired, except for Permitted Liens.
Appears in 4 contracts
Samples: Credit Agreement (Hanover Insurance Group, Inc.), Credit Agreement (Hanover Insurance Group, Inc.), Credit Agreement (Hanover Insurance Group, Inc.)
Liens. The Borrower shall not, and shall not permit or suffer any of its Significant Subsidiaries other Obligor to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertytheir respective properties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 4 contracts
Samples: Credit Agreement (SilverCrest Metals Inc.), Credit Agreement (Orla Mining Ltd.), Credit Agreement (Allied Nevada Gold Corp.)
Liens. The Borrower shall not, and shall not permit any of its Significant Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon securing Indebtedness or trade payables on any of its property, whether asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except for Permitted Liens.
Appears in 4 contracts
Samples: Second Lien Term Loan Agreement (Spanish Broadcasting System Inc), First Lien Credit Agreement (Spanish Broadcasting System Inc), Term Loan Agreement (Crown Castle International Corp)
Liens. The Borrower shall will not, and shall will not permit any of its Significant the Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien (other than Permitted Liens) upon any of its propertytheir property or assets, whether now owned or hereafter acquired, except for Permitted Liensor upon any income or profits therefrom.
Appears in 4 contracts
Samples: Credit and Guarantee Agreement (RDA Holding Co.), Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Unsecured Term Loan Credit and Guarantee Agreement (RDA Holding Co.)
Liens. The Borrower shall not, and shall not permit or suffer any of its Significant Subsidiaries other Subject Entity to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertytheir respective properties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 4 contracts
Samples: Credit Agreement (Ero Copper Corp.), Credit Agreement (Silvercrest Mines Inc), Credit Agreement (Endeavour Silver Corp)
Liens. The Each Borrower shall will not, and shall will not permit any of its Significant Subsidiaries or Parent to, create, incur, assume, or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.
Appears in 4 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Liens. The Borrower shall not, and shall not permit or suffer any of its Significant Subsidiaries other Obligor or Specified Entity to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertytheir respective properties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 4 contracts
Samples: Revolving Credit Facility (Gatos Silver, Inc.), Revolving Credit Facility (Gatos Silver, Inc.), Revolving Credit Facility (Gatos Silver, Inc.)
Liens. The Borrower Borrowers shall not, and shall not permit or suffer any of its Significant Subsidiaries Material Subsidiary to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertytheir respective properties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Kinross Gold Corp), Credit Agreement (Kinross Gold Corp), Credit Agreement (Kinross Gold Corp)
Liens. The Borrower shall not, and its Subsidiaries shall not permit at any of its Significant Subsidiaries to, directly or indirectly, time create, incur, assume assume, or suffer to exist any Lien upon on any of its propertytheir respective property or assets, whether tangible or intangible, now owned or hereafter acquired, or agree or become liable to do so, except for Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Rti International Metals Inc), Credit Agreement (Rti International Metals Inc), Credit Agreement (Rti International Metals Inc)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries toor Parent to create, incur, assume, or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Streamline Health Solutions Inc.), Credit Agreement (Q2 Holdings, Inc.), Credit Agreement (Q2 Holdings, Inc.)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume incur or suffer permit to exist any Lien upon any on or in respect of its propertyproperties, whether assets or revenues, now owned or hereafter acquired, except for Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Cerner Corp /Mo/), Credit Agreement (Cerner Corp /Mo/), Credit Agreement (Cerner Corp /Mo/)
Liens. The Borrower Borrowers shall not, and shall not permit or suffer any of its Significant Subsidiaries other Obligor to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertytheir respective properties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Equinox Gold Corp.), Credit Agreement (Equinox Gold Corp.), Credit Agreement (Equinox Gold Corp.)
Liens. The Borrower shall notnot create, and shall not permit incur or assume any Lien on or with respect to any of its Significant Subsidiaries to, directly property or indirectly, create, incur, assume or suffer to exist its assets (including any Lien upon any of its propertyCollateral), whether now owned or held or hereafter acquired, except for Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.), Common Terms Agreement (REV Renewables, Inc.)
Liens. The Borrower shall not, and its Subsidiaries shall not permit at any of its Significant Subsidiaries to, directly or indirectly, time create, incur, assume or suffer to exist any Lien upon on any of its propertytheir respective property or assets, whether tangible or intangible, now owned or hereafter acquired, or agree or become liable to do so, except for Permitted Liens.
Appears in 3 contracts
Samples: Revolving Credit and Letter of Credit Issuance Agreement (Rti International Metals Inc), Revolving Credit and Letter of Credit Issuance Agreement (Rti International Metals Inc), Revolving Credit and Letter of Credit Issuance Agreement (Rmi Titanium Co)
Liens. The Borrower shall not, and shall cause its Subsidiaries not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume assume, or suffer permit to exist any Lien upon on any of its property, whether property or asset now owned or hereafter acquiredacquired by it, except for Permitted LiensEncumbrances.
Appears in 3 contracts
Samples: Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.), Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.), Uncommitted Credit Agreement (A-Mark Precious Metals, Inc.)
Liens. The Borrower shall notwill not create, and shall not permit suffer to exist or otherwise allow any Liens to be on or otherwise to affect any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its property, Property whether now owned or hereafter acquired, except for Permitted Liens.
Appears in 3 contracts
Samples: Loan Agreement (Gulfwest Energy Inc), Credit Agreement (Gladstone Resources Inc), Credit Agreement (Trek Resources Inc)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon or with respect to any of its propertyproperties or assets, whether now owned or hereafter acquired, except for other than Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Certified Grocers of California LTD)
Liens. The Borrower Each of the Borrowers shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, at any time create, incur, assume or suffer to exist any Lien upon on any of its property, whether Property now owned or hereafter acquired, or agree or become liable to do so, except for Permitted Liens.
Appears in 3 contracts
Samples: Credit Agreement (Borders Group Inc), Credit Agreement (Borders Group Inc), Multicurrency Revolving Credit Facility (Borders Group Inc)
Liens. The Borrower shall will not, and shall not nor will it permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon in, of or on the Property of the Borrower or any of its property, whether now owned or hereafter acquiredSubsidiaries, except for the following (collectively, the "Permitted Liens."):
Appears in 3 contracts
Samples: Credit Agreement (Unifab International Inc), Credit Agreement (Superior Energy Services Inc), Credit Agreement (Superior Energy Services Inc)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries Subsidiary to, directly or indirectly, create, incur, assume incur or suffer permit to exist any Lien upon of any of its propertykind on any Property owned by any such Person; provided, whether now owned or hereafter acquiredhowever, except for that the foregoing shall not apply to nor operate to prevent any Permitted Liens..
Appears in 2 contracts
Samples: Credit Agreement (Alpine Income Property Trust, Inc.), Credit Agreement (Alpine Income Property Trust, Inc.)
Liens. The Borrower shall not, and shall not permit or suffer any of its Significant Subsidiaries other Subject Entity to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon on, any of its propertyproperties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted LiensLiens and shall not permit or suffer any other Company to, enter into or grant, create, assume or suffer to exist any Lien on any Indebtedness owing to the Company by an Obligor.
Appears in 2 contracts
Samples: Loan Agreement (Yamana Gold Inc), Loan Agreement (Yamana Gold Inc)
Liens. The Each Borrower shall will not, and shall will not permit any of its Significant Subsidiaries to, directly or indirectly, Parent to create, incur, assume assume, or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, acquired except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Thryv Holdings, Inc.), Credit Agreement (Thryv Holdings, Inc.)
Liens. The Borrower shall not, and not (nor shall not it permit any of its Significant Consolidated Subsidiaries to, directly or indirectly, ) create, incur, assume or suffer to exist any Lien upon on any of its propertyreal or personal properties (including, whether without limitation, leasehold interests, leasehold improvements and any other interest in real property or fixtures), now owned or hereafter acquired, except for the following Liens (“Permitted Liens.Encumbrances”):
Appears in 2 contracts
Samples: Credit Agreement (CHS Inc), Credit Agreement (CHS Inc)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon of any of its property, whether kind on any asset now owned or hereafter acquired, except for Permitted Liens.
Appears in 2 contracts
Samples: Term Loan Agreement (Haights Cross Communications Inc), Term Loan Agreement (Haights Cross Communications Inc)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, at any time create, incur, assume or suffer to exist any Lien upon on any of its propertyrespective property or assets, whether tangible or intangible, now owned or hereafter acquired, or agree or become liable to do so, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Arch Coal Inc), Term Loan Credit Agreement (Arch Coal Inc)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien (other than Permitted Liens) upon any of its property, property or assets (whether now owned or hereafter acquired), except for Permitted Lienssecuring any Indebtedness of the Borrower or any Guarantor.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (W&t Offshore Inc), Term Loan Credit Agreement (W&t Offshore Inc)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer permit to exist any Lien upon on or with respect to any of its propertyProperty, whether now owned or hereafter acquired, except for except:
(i) Permitted Liens; and
(ii) Liens securing Indebtedness permitted to be incurred and remain outstanding pursuant to Section 8.01(a)(iv).
Appears in 2 contracts
Samples: Credit Agreement (Manufactured Home Communities Inc), Credit Agreement (Manufactured Home Communities Inc)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien upon or with respect to (i) any Equity Interests in, or Permitted Subordinated Debt owed by, OpCo or the Target, except non-consensual Permitted Liens that do not secure any Indebtedness or (ii) any of its property, whether now assets or revenues, owned or hereafter acquired, except for Permitted Liens.
Appears in 2 contracts
Samples: Term Loan Agreement (Cleco Power LLC), Term Loan Agreement (Cleco Power LLC)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any of its property, whether assets or property now owned or hereafter acquiredacquired or, except for Permitted Liens.except:
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (E.W. SCRIPPS Co), Revolving Credit and Term Loan Agreement (Scripps E W Co /De)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien upon on or with respect to any of its propertyassets or property of any character, whether now owned or hereafter acquired, except for Permitted Liens. Borrower shall keep all Collateral free and clear of all Liens except Liens in favor of Lender.
Appears in 2 contracts
Samples: Credit and Security Agreement, Credit and Security Agreement (Toro Co)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries or Parent to, create, incur, assume, or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Essex Rental Corp.), Credit Agreement (Essex Rental Corp.)
Liens. The Borrower shall not, and shall not agree to, and shall not permit any of its Significant Subsidiaries to, or to agree to, directly or indirectly, create, incur, assume or assume, suffer to exist or otherwise permit at any time any Lien now or hereafter upon or with respect to any of its propertyProperty, whether now owned or hereafter acquired, except for other than Permitted Liens.
Appears in 2 contracts
Samples: Ex Im Bank Facility Agreement (Chartered Semiconductor Manufacturing LTD), Ex Im Bank Facility Agreement (Chartered Semiconductor Manufacturing LTD)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries other Obligor to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien upon on any of its property, whether property or asset now owned or hereafter acquired, acquired by the Borrower or any other Obligor except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Pretium Resources Inc.), Credit Agreement (Pretium Resources Inc.)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien upon any of its property, whether now owned assets or hereafter acquiredrevenues, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC)
Liens. The No Borrower shall, and no Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume assume, or suffer permit to exist any Lien upon on any of its property, whether property (including any Collateral) now owned or hereafter acquiredacquired by any of them, except for Permitted Liens.
Appears in 2 contracts
Samples: Post Petition Credit Agreement (Westpoint Stevens Inc), Post Petition Credit Agreement (Cone Mills Corp)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertyproperties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (CI Financial Corp.), Loan Agreement (CI Financial Corp.)
Liens. The Borrower shall Borrowers will not, and shall will not permit any of its Significant their Subsidiaries to, create, incur, assume, or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on or with respect to any of its propertyassets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc), Credit Agreement (Aventine Renewable Energy Holdings Inc)
Liens. The Borrower shall will not, and shall will not permit any of its Significant Subsidiaries to, directly or indirectlycontract, create, incur, assume or suffer permit to exist any Lien upon with respect to any of its propertyproperty or assets of any kind (whether real or personal, tangible or intangible), whether now owned or hereafter acquired, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries Guarantor to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any of its property, whether asset now owned or hereafter acquiredacquired by it, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Brookfield Infrastructure Partners L.P.), Credit Agreement (Brookfield Infrastructure Partners L.P.)
Liens. The Borrower shall not, and shall not permit or suffer any of its Significant Subsidiaries Obligor to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertytheir respective properties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 2 contracts
Samples: First Amending Agreement (Triple Flag Precious Metals Corp.), Loan Agreement (Triple Flag Precious Metals Corp.)
Liens. The Borrower shall will not, and shall will not permit or cause any of its Significant Subsidiaries to, directly or indirectly, make, create, incur, assume or suffer to exist, or enter into or suffer to exist any agreement or restriction that prohibits or conditions the creation, incurrence or assumption of, any Lien upon or with respect to any part of its propertyproperty or assets, whether now owned or hereafter acquired, except for or agree to do any of the foregoing, other than Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Piedmont Management Co Inc), Credit Agreement (Guaranty National Corp)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume assume, permit or suffer to ----- exist any Lien upon on any of its property, whether property now owned or hereafter acquiredacquired by it, except for Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries to, directly grant or indirectly, create, incur, assume or suffer permit to exist (voluntarily or involuntarily) any Lien upon lien, claim, security interest or other encumbrance whatsoever on any of its propertyassets, whether now owned or hereafter acquired, except for other than Permitted Liens.
Appears in 2 contracts
Samples: Second Lien Loan and Security Agreement (Apac Customer Service Inc), Loan and Security Agreement (Apac Customer Service Inc)
Liens. The Borrower shall not, and shall not permit or suffer any of its Significant Subsidiaries other Company to, directly enter into or indirectlygrant, create, incur, assume or suffer to exist any Lien upon affecting any of its propertytheir respective properties, assets or undertaking, whether now owned or hereafter acquired, save and except only for the Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Lake Shore Gold Corp), Credit Agreement (Lake Shore Gold Corp)
Liens. The Borrower shall will not, and shall not nor will it permit any of its Significant Subsidiaries to, directly or indirectlycontract, create, incur, assume or suffer permit to exist any Lien upon with respect to any of its propertytheir Property, whether now owned or hereafter after acquired, including, without limitation, the Service Contracts, except for Permitted Liens.
Appears in 2 contracts
Samples: Loan Agreement (Amcomp Inc /Fl), Credit Agreement (Amcomp Inc /Fl)
Liens. The Borrower shall will not, and shall not nor will it permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon in, of or on the Property of the Borrower or any of its propertySubsidiaries, whether now owned or hereafter acquired, except for Permitted Liens.except:
Appears in 2 contracts
Samples: Credit Agreement (Glimcher Realty Trust), Secured Line of Credit Loan Agreement (Glimcher Realty Trust)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume incur or suffer permit to exist any Lien upon any on or in respect of its propertyproperties, whether assets or revenues, now owned or hereafter acquired, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (CERNER Corp), Credit Agreement (Cerner Corp /Mo/)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly grant or indirectly, create, incur, assume or suffer permit to exist (voluntarily or involuntarily) any Lien upon lien, claim, security interest or other encumbrance whatsoever on any of its propertyassets, whether now owned other than Permitted Liens and liens or hereafter acquired, except for Permitted Liensother encumbrances on Accounts (and property rights and interests related to such Accounts) that are sold pursuant to a Factoring Arrangement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cobra Electronics Corp), Loan and Security Agreement (Cobra Electronics Corp)
Liens. The Borrower shall not, and shall not create or permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any of its property, real or personal properties (whether now owned or hereafter acquired), including without limitation, any of the Collateral, except for the Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (Isun, Inc.), Term Loan and Security Agreement (SRAX, Inc.)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, at any time create, incur, assume or suffer to exist any Lien upon on any of its propertyproperty or assets, whether tangible or intangible, now owned or hereafter acquired, or agree or become liable to do so, except for Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Restricted Subsidiaries to, directly or indirectly, create, incur, assume or permit or suffer to exist any Lien upon on or with respect to any property of its propertyany kind owned by it, whether now owned or hereafter acquired, except for Permitted Liens.or any income or profits therefrom, except:(a) Liens securing the Secured Obligations created pursuant to the Loan Documents;
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Claros Mortgage Trust, Inc.), Term Loan Credit Agreement (Claros Mortgage Trust, Inc.)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Restricted Subsidiaries to, directly or indirectly, create, incur, assume or permit or suffer to exist any Lien upon on or with respect to any property of its propertyany kind owned by it, whether now owned or hereafter acquired, except for Permitted Liens.or any income or profits therefrom, except:
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Hillman Solutions Corp.), Credit Agreement (Topgolf Callaway Brands Corp.)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries agree to, directly or indirectly, create, incur, assume or suffer otherwise permit to exist any Lien upon any of the Collateral Security or any of its other property, whether now owned or hereafter acquired, except for or in any proceeds or income therefrom, other than Permitted Liens.
Appears in 2 contracts
Samples: Common Agreement (First Wind Holdings Inc.), Common Agreement (Solyndra, Inc.)
Liens. The Borrower shall not, and shall not permit any of its Significant Material Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind upon any of its propertytheir property or assets, whether now owned or hereafter acquired, except for other than Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Xm Satellite Radio Holdings Inc), Credit Agreement (Sirius Xm Radio Inc.)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume assume, or suffer permit to exist any Lien upon on any of its property, whether Property now owned or hereafter acquiredacquired by the Borrower, except for Permitted Liens.
Appears in 2 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Liens. The Each Borrower and its Subsidiaries shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its property, properties or assets whether now owned or hereafter acquiredacquired securing any obligations, except for other than Permitted Liens.
Appears in 2 contracts
Samples: Secured Bridge Loan Agreement (Timber Pharmaceuticals, Inc.), Secured Bridge Loan Agreement (Timber Pharmaceuticals, Inc.)
Liens. The Neither Borrower shall notwill, and shall not nor will it permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist be created, assumed or incurred or to exist, any Lien upon any of its propertysuch Person's Property, whether now owned or hereafter acquired, except for Permitted other than the following Liens ("Excepted Liens."):
Appears in 1 contract
Liens. The Borrower shall not, and shall not permit any of its Significant Material Subsidiaries to, directly di- rectly or indirectly, indirectly create, incur, assume assume, permit or suffer to exist any Lien upon any of its property, whether now owned or hereafter acquiredLiens, except for Permitted Liens.
Appears in 1 contract
Samples: Credit Agreement
Liens. The Borrower Borrowers shall not, and shall not permit any of its Significant their Subsidiaries to, create, assume, incur, permit or suffer to exist, directly or indirectly, create, incur, assume or suffer to exist any Lien upon on any of its propertyassets or Properties, whether now owned or hereafter acquired, except for Permitted LiensLiens and IRU swaps in the ordinary course of business as described in Section 8.16 hereof.
Appears in 1 contract
Liens. The Borrower shall not, and not (nor shall not it permit any of its Significant Subsidiaries to, directly or indirectly, ) create, incur, assume or suffer to exist any Lien upon in, of or on the Property of Borrower (or any of its property, whether now owned or hereafter acquiredsuch Subsidiary), except for Permitted Liensas permitted by the Merger Agreement.
Appears in 1 contract
Samples: Credit Agreement (BioPharmX Corp)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, at any time create, incur, assume or suffer to exist any Lien upon on any of its propertyproperty or assets, whether tangible or intangible, now owned or hereafter acquired, or agree or become liable to do so, except for Permitted Liens.
Appears in 1 contract
Samples: Credit Agreement (Aquapenn Spring Water Company Inc)
Liens. The Borrower shall not, and nor shall not it permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, except for Permitted Liens.other than the following:
(a) Liens pursuant to any Loan Document;
(b) Investments on deposit with Insurance Authorities that are required by statute or regulation;
(c) Liens securing Indebtedness of any of the Subsidiaries owing to (i) the Borrower or (ii) any other Subsidiary;
Appears in 1 contract
Samples: Credit Agreement (Berkley W R Corp)
Liens. The Such Borrower shall not, and shall not create or permit to exist any Liens with respect to any of its Significant Subsidiaries toassets or property, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of its propertyincluding without limitation the Collateral, whether now owned or hereafter acquired, except for Permitted LiensLiens in favor of the Bank and non-consensual liens created by law.
Appears in 1 contract
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries toto exist, directly or indirectly, create, incur, assume or suffer to exist ----- any Lien upon on any of its property, whether Property now owned or hereafter acquiredacquired by it, except for Permitted LiensLiens (other than the Collateral which shall not be subject to any Lien other than a Lien in favor of Lender).
Appears in 1 contract
Samples: Loan and Security Agreement (Reliance Acceptance Group Inc)
Liens. The Borrower shall not, and shall not permit any ----- of its Significant Subsidiaries to, directly or indirectly, at any time create, incur, assume or suffer to exist any Lien upon on any of its propertyproperty or assets, whether tangible or intangible, now owned or hereafter acquired, or agree to become liable to do so, except for Permitted Liens.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Federated Investors Inc /Pa/)
Liens. The Borrower shall not, and shall not permit any of its Significant Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien upon on or with respect to any of its propertyassets or property of any character, whether now owned or hereafter acquired, except for Permitted Liens. Borrower shall keep all Collateral free and clear of all Liens except Liens in favor of Xxxxxx.
Appears in 1 contract