Mortgages, Liens. Except with Purchaser's prior written consent, Seller will not enter into any agreement establishing, and will not otherwise permit, any Encumbrance over the Assets, the Real Estate or the Business, whether now owned or hereafter acquired, except for transactions in the usual and ordinary course of business.
Mortgages, Liens. Except with Purchaser's prior written consent, Airtech will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether nor owned or hereafter acquired, or guarantee or otherwise become contingently liable for any obligations of another or make any capital contributions or investments in any corporation, business or other person.
Mortgages, Liens. Except with Airtech's prior written consent, Purchaser will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether nor owned or hereafter acquired, or guarantee or otherwise become contingently liable for any obligations of another or make any capital contributions or investments in any corporation, business or other person.
Mortgages, Liens. Prior to Closing, except with Buyer's or Probex's prior written consent, Seller will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, or permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether now owned or hereafter acquired, relating to or used or to be used in the business or operations of the Business.
Mortgages, Liens. Except with Buyer's prior written consent, Neither Central nor, with respect to the Menasha Operations, Seller will enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether now owned or hereafter acquired, or guarantee or otherwise become contingently liable for any stock or dividends of any corporation, business or other person or obligations of another except obligations arising by reason of endorsement for collection and other similar transactions in the usual and ordinary course of business, or make any capital contributions or investments in any corporation, business or other person.
Mortgages, Liens. Except with Purchaser's prior written consent or except in the ordinary course of the Business consistent with the conduct of the Business at the date of this Agreement, the Selling Entities will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement relating to the Assets, or voluntarily permit any lien, encumbrance or claim of any kind, other than a Permitted Lien, to attach to any of the Assets, whether now owned or hereafter acquired.
Mortgages, Liens. (a) On and after the Drawdown Date Southland shall not create, assume, incur or suffer to exist, or permit to be created, assumed, incurred or suffered to exist, any mortgage, lien, pledge, security interest or other charge or encumbrance or other preferential arrangement of any kind upon or with respect to any part of the Collateral or any rights of Southland or any of its subsidiaries or affiliates relating to the operation of 7-Eleven convenience stores in Japan, whether now owned or hereafter acquired, or upon or with respect to any right to receive income, now or hereafter existing, in connection therewith, other than the security interest in favor of the Existing Yen Facility Lenders with respect to the Existing Yen Facility and security interests in the Collateral established pursuant to the terms and conditions of the Security Documents without the prior written consent of the Collateral Agent (which consent may be withheld or conditioned by the Collateral Agent in its absolute discretion). For the avoidance of doubt the parties hereto confirm that the rights of first refusal in the Japanese Trademarks established in favor of Seven-Eleven Japan pursuant to the Master Agreement do not constitute a preferential arrangement with respect to the Japanese Trademarks which is violative of the provisions of this Section 7.04(a).
(b) On and after the Drawdown Date Southland shall not assign or transfer any right, title or interest of Southland in or relating to the Collateral or any after-acquired property which constitutes Collateral; PROVIDED, HOWEVER, that Southland may transfer its rights in the Japanese Trademarks and the Japanese Royalties to a wholly-owned subsidiary of Southland subject to the conditions that: (i) Southland shall have given 30 days prior Notice of the transfer to the Agents and shall have consulted with and explained the business reasons for such transfer to the Agents; (ii) the transfer of interests shall be subject to the prior right of the Agents and the Creditors granted in this Agreement and the Security Agreements; (iii) the subsidiary shall have executed an agreement of assignment and assumption expressly acknowledging that the assigned rights are subject to the claims of the Agents and the Creditors pursuant to this Agreement and the Security Documents; and (iv) the Agents shall have received opinions of counsel including New York and Japanese counsel concluding without material qualification that the rights transferred are ...
Mortgages, Liens. Prior to Closing, except with Roadhouse’s prior written consent, Franchise Owners will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, or permit any lien, encumbrance or claim of any kind to attach to any of the Membership Interest.
Mortgages, Liens. Except with Purchaser's prior written consent, the Company will not enter into or assume any mortgage, pledge, conditional sale or other title retention agreement, permit any lien, encumbrance or claim of any kind to attach to any of its assets, whether now owned or hereafter acquired, or guarantee or otherwise become contingently liable for any stock or dividends of any corporation, business or other person or obligations of another except obligations arising by reason of endorsement for collection and other similar transactions in the usual and ordinary course of business, or make any capital contributions or investments in any corporation, business or other person.
Mortgages, Liens. Except with Buyer's prior written consent or except in the Ordinary Course of Business, Seller will not enter into or assume any material mortgage, pledge, conditional sale or other title retention agreement that imposes a lien on the Acquired Assets, or voluntarily permit any material Lien, other than a Permitted Lien, to attach to any of the Acquired Assets.
