Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 31 contracts
Samples: Supplemental Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Indenture (A. M. Castle & Co.)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness or trade payables on any asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except Permitted Liens.
Appears in 17 contracts
Samples: Indenture (Holmes Products Corp), Indenture (Restaurant Co), Indenture (Perkins Finance Corp)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien of any kind on any property or asset now owned or hereafter acquiredacquired by it, except Permitted Liens.or assign or sell any income or revenues (including accounts receivable) or rights in respect of any thereof, except:
Appears in 14 contracts
Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 12 contracts
Samples: Mortgage, Security Agreement (Titan International Inc), Global Security (Radio One, Inc.), Supplemental Indenture (Affinity Guest Services, LLC)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except Permitted Liens.
Appears in 12 contracts
Samples: Indenture (Riddell Sports Inc), Indenture (Riddell Sports Inc), Indenture (Fields MRS Original Cookies Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 12 contracts
Samples: Indenture (CURO Group Holdings Corp.), Indenture (Workhorse Group Inc.), Indenture (Tellurian Inc. /De/)
Liens. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness on any asset property or assets now owned or hereafter acquired, except other than, in each case, Permitted Liens., unless the Notes and the Subsidiary Guarantees, as applicable, are:
Appears in 11 contracts
Samples: Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset property now owned or hereafter acquiredacquired by it, except Permitted Liens.for the following:
Appears in 10 contracts
Samples: Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien on or with respect to any property or asset of the Company or any kind on any asset now owned or hereafter acquired, except Permitted Liens.Subsidiary except:
Appears in 10 contracts
Samples: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Liens. The Company will not, and nor will not it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien of any kind on any property or asset now owned or hereafter acquiredacquired by it, except Permitted Liens.or assign or sell any income or revenues (including accounts receivable) or rights in respect of any thereof, except:
Appears in 10 contracts
Samples: Master Note Purchase Agreement (BlackRock Capital Investment Corp), Credit Agreement (NYSE Euronext), Credit Agreement (Cambrex Corp)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness, Attributable Debt or trade payables on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 10 contracts
Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.), Indenture (Carmike Cinemas Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries the Guarantors to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind on upon any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 9 contracts
Samples: Indenture (Calpine Corp), Supplemental Indenture (Calpine Corp), Indenture (Calpine Corp)
Liens. The Company will not, and will not permit any of its Restricted Consolidated Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien of any kind on any property or asset now owned or hereafter acquiredacquired by it, except Permitted Liens.or assign or sell any income or revenues (including accounts receivable) or rights in respect of any thereof, except:
Appears in 8 contracts
Samples: Credit Agreement (Hess Corp), Five Year Credit Agreement (Hess Corp), Five Year Credit Agreement (Hess Corp)
Liens. The Company will not, and nor will not it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien in, upon or with respect to any of any kind on any asset its properties or assets, whether now owned or hereafter acquired, except for the following Liens (herein referred to as “Permitted Liens.”):
Appears in 8 contracts
Samples: Credit Agreement (BALL Corp), Credit Agreement (Ball Corp), Credit Agreement (Ball Corp)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except Permitted Liens.
Appears in 7 contracts
Samples: Indenture (Sf Holdings Group Inc), Guaranty Agreement (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset of its assets or property now owned or hereafter acquired, except Permitted Liens.except:
Appears in 7 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Aaron's Inc), Note Purchase Agreement (Aaron's Inc)
Liens. The Company will Corporation shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 6 contracts
Samples: Supplemental Indenture (Wall2wall Media Inc.), Supplemental Indenture (Wall2wall Media Inc.), Supplemental Indenture (Wall2wall Media Inc.)
Liens. (a) The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 6 contracts
Samples: Credit Agreement (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquiredacquired by it, except Permitted Liens.except:
Appears in 6 contracts
Samples: Syndicated Facility Agreement (Sealed Air Corp/De), Reaffirmation Agreement (Sealed Air Corp/De), Syndicated Facility Agreement (Sealed Air Corp/De)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 6 contracts
Samples: Forbearance Agreement (Lbi Media Holdings Inc), Notes Indenture (Hillman Companies Inc), Supplemental Indenture (Horizon Lines, Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume create or suffer to exist any Lien of upon any kind on any asset property or assets, now owned or hereafter acquired, except Permitted Liens.securing any Indebtedness or other obligation, except:
Appears in 6 contracts
Samples: Credit Agreement (RPM International Inc/De/), Credit Agreement (RPM International Inc/De/), Credit Agreement (RPM Inc/Oh/)
Liens. The Company will not, and will not permit any of its Restricted Material Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquiredacquired by it, except Permitted Liens.except:
Appears in 6 contracts
Samples: Credit Agreement (Sealed Air Corp/De), Five Year Credit Agreement (Sealed Air Corp/De), Credit Agreement (Sealed Air Corp/De)
Liens. The Company will not, and will not permit any of its the Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset or property now owned or hereafter acquired, acquired that secures any Obligations under any Indebtedness (except Permitted Liens).
Appears in 5 contracts
Samples: Indenture (Vantage Drilling International), Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness or trade payables on any asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except Permitted Liens.
Appears in 5 contracts
Samples: Supplemental Indenture (MST Enterprises Inc), Indenture (Luiginos Inc), Indenture (Oshkosh Truck Corp)
Liens. The Company will not, shall not and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 5 contracts
Samples: Guarantee Agreement (Reliant Energy Inc), Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 5 contracts
Samples: Third Note (Velo3D, Inc.), Note Amendment (Velo3D, Inc.), Securities Purchase Agreement (Velo3D, Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien securing Indebtedness of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 5 contracts
Samples: Protalix BioTherapeutics, Inc., Indenture (Protalix BioTherapeutics, Inc.), Indenture (Black Elk Energy Finance Corp.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of any kind on any asset its property, assets or revenues, whether now owned or hereafter acquired, except Permitted Liens.other than the following:
Appears in 5 contracts
Samples: Assignment and Assumption (Conagra Brands Inc.), Term Loan Agreement (Conagra Brands Inc.), Note Purchase and Private Shelf Agreement (Allient Inc)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset property now owned or hereafter acquiredacquired by it, except Permitted Liens.for the following:
Appears in 5 contracts
Samples: Credit Agreement (NMI Holdings, Inc.), Credit Agreement (NMI Holdings, Inc.), Credit Agreement (NMI Holdings, Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume incur or suffer permit to exist any Lien (other than Permitted Liens) upon any of any kind on any asset its property or assets (whether now owned or hereafter acquired), except Permitted Liens.unless:
Appears in 5 contracts
Samples: Supplemental Indenture (Venoco, Inc.), TexCal Energy (LP) LLC, Venoco, Inc.
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind on (other than Permitted Liens) upon any asset of their property or assets, now owned or hereafter acquired, except Permitted Liens.
Appears in 5 contracts
Samples: Office Depot (Office Depot Inc), Indenture (Acco Brands Corp), Unisys Corp
Liens. The Company will not, not and will not permit any of its Restricted Subsidiaries to, directly or indirectly, to create, incur, assume or suffer permit to exist any Lien of any kind on any asset of its or their properties (now owned or hereafter acquired), except Permitted Liens.except:
Appears in 5 contracts
Samples: Credit Agreement (Seagull Energy Corp), Guaranty Agreement (Ocean Energy Inc /Tx/), Revolving Credit Agreement (Ocean Energy Inc /Tx/)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness, Attributable Debt or trade payables on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 4 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Ames Department Stores Inc), Indenture (Ames Department Stores Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume incur or suffer permit to exist any Lien (other than Permitted Liens) upon any of any kind on any asset its property or assets (whether now owned or hereafter acquired), except Permitted Liens.securing any Subordinated Obligations or Indebtedness, unless:
Appears in 4 contracts
Samples: Supplemental Indenture (Mariner Energy Inc), Indenture (Mariner Energy Inc), Mariner Energy Resources, Inc.
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness, Attributable Debt or trade payables on any asset now owned or hereafter acquired, except Permitted Liens., unless contemporaneously therewith:
Appears in 4 contracts
Samples: Indenture (Hecla Mining Co/De/), Indenture (Hecla Mining Co/De/), Indenture (Coeur D Alene Mines Corp)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of any kind on any asset its property, revenues or assets (other than capital stock of the Company held as treasury stock), whether now owned or hereafter acquired, except Permitted Liens.except, without duplication:
Appears in 4 contracts
Samples: Credit Agreement (Andrew Corp), Credit Agreement (Andrew Corp), Credit Agreement (Andrew Corp)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except Permitted Liens.
Appears in 4 contracts
Samples: Indenture (Riviera Black Hawk Inc), Indenture (Key Energy Group Inc), Indenture (SFC New Holdings Inc)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 4 contracts
Samples: Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.), First Supplemental Indenture (Akoustis Technologies, Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any Property or asset now owned of any kind of the Company or hereafter acquiredany Subsidiary of the Company, except the following (collectively, the “Permitted Liens.”):
Appears in 4 contracts
Samples: Credit Agreement (Aptargroup Inc), Credit Agreement (Aptargroup Inc), Multicurrency Credit Agreement (Aptargroup Inc)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, at any time create, incur, assume or suffer to exist any Lien of any kind on any asset of its property or assets, tangible or intangible, now owned or hereafter acquired, except Permitted Liens.except:
Appears in 4 contracts
Samples: Term Credit Agreement (Westinghouse Air Brake Technologies Corp), Credit Agreement (Factset Research Systems Inc), Credit Agreement (Westinghouse Air Brake Technologies Corp)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist own any Lien of any kind securing Indebtedness, Attributable Debt or trade payables on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 4 contracts
Samples: Cenveo, Inc, Definitions And (Mail Well Inc), Indenture (Mail Well Inc)
Liens. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, incur or assume or suffer to exist any Lien of any kind securing Indebtedness on any asset now owned or hereafter acquired, except Permitted Liens., unless:
Appears in 4 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (BioScrip, Inc.)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness on any asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except Permitted Liens.
Appears in 4 contracts
Samples: Indenture (L 3 Communications Corp), Indenture (L 3 Communications Holdings Inc), Indenture (L-3 Communications SPD Technologies Inc)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness or trade payables on any asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except Permitted Liens.
Appears in 4 contracts
Samples: Indenture (Newcor Inc), Newcor Inc, Timco Engine Center Inc
Liens. The Company will not, and nor will not it cause or permit any of its Restricted Designated Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien of any kind on any property or asset now owned or hereafter acquiredacquired by it, except Permitted Liens.or assign or sell any income or revenues (including accounts receivable) or rights in respect of any thereof, except:
Appears in 3 contracts
Samples: Assignment and Assumption (American International Group Inc), Assignment and Assumption (American International Group Inc), Assignment and Assumption (American International Group Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien (other than Permitted Liens) upon any of any kind on any asset its property or assets (whether now owned or hereafter acquired), except Permitted Lienssecuring any Indebtedness of the Company or any Guarantor.
Appears in 3 contracts
Samples: Supplemental Indenture (W&t Offshore Inc), Intercreditor Agreement (W&t Offshore Inc), Intercreditor Agreement (W&t Offshore Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien of any kind on any property or asset now owned or hereafter acquiredacquired by it, except Permitted Liens.except:
Appears in 3 contracts
Samples: Term Loan Agreement (GPT Operating Partnership LP), Credit and Term Loan Agreement (Gramercy Property Trust), Term Loan Agreement (Gramercy Property Trust)
Liens. The Company will and each Restricted Subsidiary shall not, and will the Company shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, or any income or profits therefrom or assign or convey any right to receive income therefrom, except Permitted Liens.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Delta Financial Corp), Delta Financial Corp, Pledge Agreement (Delta Financial Corp)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind securing trade payables, Attributable Debt or Indebtedness on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 3 contracts
Samples: Execution (Premier Parks Inc), Escrow and Disbursement Agreement (Premier Parks Inc), Escrow and Disbursement Agreement (Premier Parks Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, to create, incurIncur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind (other than Permitted Liens) that secures obligations under any Debt or any related Guarantee, on any asset of their property or assets, now owned or hereafter acquired, except Permitted Liens.. For purposes of determining compliance with this Section 4.12:
Appears in 3 contracts
Samples: Indenture (Concordia International Corp.), Indenture (Concordia Investment Holdings (Jersey) LTD), Indenture (Concordia International Corp.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of any kind on any asset its property, revenues or assets, whether now owned or hereafter acquired, except Permitted Liens.except:
Appears in 3 contracts
Samples: Note Purchase Agreement (Health Care Reit Inc /De/), Credit Agreement (Thermadyne Holdings Corp /De), Note Purchase Agreement (Health Care Reit Inc /De/)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer permit to exist (upon the happening of a contingency or otherwise) any Lien on or with respect to any of any kind on any asset its properties or assets, whether now owned or hereafter acquired, except for the following (which are collectively referred to as “Permitted Liens.”):
Appears in 3 contracts
Samples: Credit and Term Loan Agreement (Waste Management Inc), Credit and Term Loan Agreement (Waste Management Inc), Credit and Term Loan Agreement (Waste Management Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind on (other than Permitted Liens) upon any asset of their Property, now owned or hereafter acquired, except Permitted Liens.
Appears in 3 contracts
Samples: Intercreditor Agreement (Global Crossing North America Inc), Global Security Agreement (Global Crossing LTD), Intercreditor Agreement (Global Crossing LTD)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 3 contracts
Samples: Indenture (GNLV Corp), Master Lease Agreement (Riviera Holdings Corp), Disbursement Agreement (Park N View Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon or with respect to any property or assets of any kind on (real or personal, tangible or intangible) of the Company or any asset such Subsidiary whether now owned or hereafter acquired, except Permitted Liens.that the foregoing shall not apply to:
Appears in 3 contracts
Samples: Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp)
Liens. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except (other than Permitted Liens.) upon any of its property or assets (including Capital Stock of a Restricted Subsidiary), whether owned on the Issue Date or acquired after that date, securing any Indebtedness, unless:
Appears in 3 contracts
Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 3 contracts
Samples: Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/), Supplemental Indenture (Tellurian Inc. /De/)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon or with respect to any property or assets of any kind on (real or personal, tangible or intangible) of the Company or any asset of its Restricted Subsidiaries, whether now owned or hereafter acquired, except for the following (collectively, the “Permitted Liens.”):
Appears in 2 contracts
Samples: Credit Agreement (EnerSys), Credit Agreement (EnerSys)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens and Permitted Priority Liens.
Appears in 2 contracts
Samples: Collateral Trust Agreement (Primus Telecommunications Group Inc), Canadian Collateral Trust Agreement (Primus Telecommunications Group Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist or agree to create, incur or assume any Lien in, upon or with respect to any of its properties or assets (including, without limitation, any securities or debt instruments of any kind on any asset of its Subsidiaries), whether now owned or hereafter acquired, or assign or otherwise convey any right to receive income to secure any obligation; except for the following Liens (herein referred to as "Permitted Liens."):
Appears in 2 contracts
Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)
Liens. The Company will not, not and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind on (other than Permitted Liens) securing Indebtedness upon any asset of their property or assets, now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (Jones Energy, Inc.), Indenture (Gastar Exploration USA, Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness for money borrowed on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: First Supplemental Indenture (Jarden Corp), Alltrista Corp
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on securing Indebtedness, upon any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Note Purchase Agreement (Hall of Fame Resort & Entertainment Co), Note Purchase Agreement (Hall of Fame Resort & Entertainment Co)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind on securing Indebtedness or trade payables (other than Permitted Liens) upon any asset of their property or assets, now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Supplemental Indenture (Viasystems Group Inc), Monitoring and Oversight Agreement (Viasystems Inc)
Liens. The Company will not, not and will not permit any of its Restricted Subsidiaries to, directly or indirectly, to create, incur, assume or suffer permit to exist any Lien of any kind on any asset of its or their properties (now owned or hereafter acquired), except Permitted Liens.except:
Appears in 2 contracts
Samples: Credit Agreement (Seagull Energy Corp), Credit Agreement (Seagull Energy Corp)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind on (other than Permitted Liens) securing Indebtedness upon any asset of their property or assets, now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (CSI Compressco LP), Indenture (Vanguard Natural Resources, LLC)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness or trade payables on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Unwired Telecom Corp), Rotech Healthcare Inc
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Execution Copy (M & F Worldwide Corp), Execution Copy (M & F Worldwide Corp)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien securing Indebtedness of any kind on (other than Permitted Liens) upon any asset of its property or assets, now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (Cumulus Media Inc), Indenture (Cumulus Media Inc)
Liens. The Company will not, and the Company will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, which Lien is securing any Indebtedness, except Permitted Liens.
Appears in 2 contracts
Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume incur or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except (other than Permitted Liens) upon any of its property or assets (including Capital Stock of Restricted Subsidiaries), whether owned on the date of this Indenture or acquired after that date, which Lien is securing any Indebtedness.
Appears in 2 contracts
Samples: Supplemental Indenture (Wci Communities Inc), Form of Indenture (Valimar Home & Land Company, LLC)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness, Attributable Debt or trade payables on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (AbitibiBowater Inc.), Indenture (AbitibiBowater Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness or trade payables on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (GXS Corp), Indenture (Prime Hospitality Corp)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness or trade payables on any asset now owned or hereafter acquired, except Permitted Liens., unless:
Appears in 2 contracts
Samples: Southridge Plaza Holdings Inc, Southwest General Hospital Lp
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or otherwise cause or suffer to exist or become effective any Lien securing Indebtedness (other than Permitted Liens) upon any of any kind on any asset their property or assets, now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind Liens on any asset now owned or hereafter acquired, of their respective assets except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (Starry Holdings, Inc.), Convertible Note Subscription Agreement (Starry Holdings, Inc.)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (Nova Biosource Fuels, Inc.), Indenture (Nova Biosource Fuels, Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Intercreditor Agreement (KCG Holdings, Inc.), Indenture (Iwo Holdings Inc)
Liens. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer otherwise cause or permit to exist or become effective any Lien of any kind on (other than Permitted Liens) securing Indebtedness upon any asset of their property or assets, now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume Incur or suffer to exist any Lien (other than Permitted Liens) that secures any obligations under Indebtedness of the Company or any kind Subsidiary Guarantor against or on any asset or property now owned or hereafter acquiredacquired by the Company or any such Subsidiary Guarantor, except Permitted Liens.or any income or profits therefrom, unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Hughes Communications, Inc.), Indenture (HNS Finance Corp.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of any kind on any asset its property, whether now owned or hereafter acquired, except for the following (collectively “Permitted Liens.”):
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted LiensLiens and Liens existing under the Escrow Agreement.
Appears in 2 contracts
Samples: Indenture (Horizon Personal Communications Inc), Ipcs Inc
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, indirectly create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (Sabine Pass LNG, L.P.), Supplemental Indenture (Cheniere Energy Inc)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquiredacquired securing Indebtedness, Attributable Debt or trade payables, except Permitted Liens.
Appears in 2 contracts
Samples: Pca Valdosta Corp, Pca Valdosta Corp
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien (other than Permitted Liens) upon any of any kind on any asset its property or assets (whether now owned or hereafter acquired), except Permitted Liens.securing any Subordinated Obligations or other Indebtedness, unless:
Appears in 2 contracts
Samples: Indenture (W&t Offshore Inc), Supplemental Indenture (W&t Offshore Inc)
Liens. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness on any asset property or assets now owned or hereafter acquired, except other than, in each case, Permitted Liens., unless:
Appears in 2 contracts
Samples: Supplemental Indenture (Post Holdings, Inc.), Post Holdings, Inc.
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon any of any kind on any asset its property, revenues or assets, whether now owned or hereafter acquired, except Permitted Liens.except:
Appears in 2 contracts
Samples: Credit Agreement (Formica Corp), Credit Agreement (Formica Corp)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien upon or with respect to any property or assets of any kind on (real or personal, tangible or intangible) of the Company or any asset such Subsidiary, whether now owned or hereafter acquired, or upon any income or profits therefrom, or to assign any right to receive income therefrom, except the following (collectively, the “Permitted Liens.”):
Appears in 2 contracts
Samples: Guaranty Agreement (Tampa Electric Co), Guaranty Agreement (Tampa Electric Co)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien of any kind on any property or asset now owned or hereafter acquiredacquired by it, or assign or sell any income or revenues (including accounts receivable) or rights in respect of any thereof, except for Permitted Liens.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Iridium Facilities Corp), Credit Agreement (Iridium Operating LLC)
Liens. (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind (other than Permitted Liens) on any asset of the Company or such Restricted Subsidiary now owned or hereafter acquired, except Permitted Liens.unless, solely in the case of assets not constituting Collateral, contemporaneously therewith:
Appears in 2 contracts
Samples: Indenture (Greenfire Resources Ltd.), Indenture (Greenfire Resources Ltd.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except (other than Permitted Liens.) upon any of its property or assets (including Capital Stock of a Restricted Subsidiary), whether owned on the Issue Date or acquired after that date, securing any Indebtedness, unless:
Appears in 2 contracts
Samples: Indenture (Global Geophysical Services Inc), Indenture (Global Geophysical Services Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except other than Permitted Liens.
Appears in 2 contracts
Samples: Indenture (Tesoro Petroleum Co Inc), Credit and Guaranty Agreement (Tesoro Petroleum Co Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any asset now owned or hereafter acquired, except Permitted Liens., unless:
Appears in 2 contracts
Samples: Supplemental Indenture (DRS Technologies Inc), Supplemental Indenture (DRS Technologies Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness on any asset now owned or hereafter acquired, except Permitted Liens., unless contemporaneously therewith:
Appears in 2 contracts
Samples: Indenture (Coeur Mining, Inc.), Indenture (Coeur Mining, Inc.)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume incur or suffer permit to exist any Lien (other than Permitted Liens) upon any of any kind on any asset its property or assets (whether now owned or hereafter acquired, except Permitted Liens).
Appears in 2 contracts
Liens. The Company will not, and nor will not it permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume grant or suffer or permit to exist any Lien of any kind Liens, other than Permitted Liens, on any asset now owned of its rights, properties or hereafter acquired, except Permitted Liensassets.
Appears in 2 contracts
Samples: Note Purchase Agreement (Green Brick Partners, Inc.), Note Purchase Agreement (Green Brick Partners, Inc.)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind securing Indebtedness or trade payables on any asset now owned or hereafter acquired, except Permitted Liens.
Appears in 2 contracts
Samples: Indenture (Entravision Communications Corp), Indenture (Office Depot Inc)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer permit to exist any Lien upon any of its property (including Capital Securities of any kind on any asset Person), revenues or assets, whether now owned or hereafter acquired, except (the “Permitted Liens.”):
Appears in 1 contract
Samples: Credit Agreement (Ferro Corp)
Liens. The Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist or assume any Lien of any kind on any asset now owned or hereafter acquiredassets of the Retained Companies, except for Liens described in subclauses (A) through (C) of the defined term Permitted Liens.. (k)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Valero Refining & Marketing Co)
Liens. The Company will shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, incur or assume or suffer to exist any Lien of (except Permitted Liens) that secures obligations under any kind Indebtedness or any related Guarantee on any asset now owned or hereafter acquired, except Permitted Liensproperty of the Company or any Restricted Subsidiary.
Appears in 1 contract