Common use of No Liens; Exceptions Clause in Contracts

No Liens; Exceptions. Create, incur, assume or suffer to exist any Lien upon or with respect to the Facility, any of its properties, rights, income or other assets relating thereto, including, without limitation, the Mortgaged Property whether now owned or hereafter acquired, other than the following permitted Liens (“Permitted Encumbrances”): (a) Liens at any time existing in favor of Lender; (b) Inchoate Liens arising by operation of law for the purchase of labor, services, materials, equipment or supplies, provided payment shall not be delinquent and, if such Lien is a lien upon any of the Land or Improvements, such Lien must be fully disclosed to Lender and bonded off and removed from the Land and Improvements within thirty (30) days of its creation, in a manner satisfactory to Lender in its reasonable discretion; (c) Liens incurred in the ordinary course of business in connection with workers’ compensation, unemployment insurance or other forms of governmental insurance or benefits, or to secure performance of tenders, statutory obligations, leases and contracts (other than for money borrowed or for credit received with respect to property acquired) entered into in the ordinary course of business as presently conducted or to secure obligations for surety or appeal bonds; and (d) Liens for current year’s taxes, assessments or governmental charges or levies provided payment thereof shall not be delinquent.

Appears in 2 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

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No Liens; Exceptions. Create, incur, assume or suffer to exist any Lien upon or with respect to the Facility, any of its properties, rights, income or other assets relating thereto, including, without limitation, the Mortgaged Property whether now owned or hereafter acquired, other than the following permitted Liens (“Permitted Encumbrances”): (a) ): Liens at any time existing in favor of Lender; (b) ; Liens which are listed in Exhibit “F” attached hereto; Inchoate Liens arising by operation of law for the purchase of labor, services, materials, equipment or supplies, provided payment shall not be delinquent and, if such Lien is a lien upon any of the Land or Improvements, such Lien must be fully disclosed to Lender and bonded off and removed from the Land and Improvements within thirty (30) days of its creation, in a manner satisfactory to Lender in its reasonable discretion; (c) Lender; Liens incurred in the ordinary course of business in connection with workers’ compensation, unemployment insurance or other forms of governmental insurance or benefits, or to secure performance of tenders, statutory obligations, leases and contracts (other than for money borrowed or for credit received with respect to property acquired) entered into in the ordinary course of business as presently conducted or to secure obligations for surety or appeal bonds; and (d) and Liens for current year’s taxes, assessments or governmental charges or levies provided payment thereof shall not be delinquent.

Appears in 1 contract

Samples: Loan Agreement (Arv Assisted Living Inc)

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No Liens; Exceptions. CreateBorrower will not create, incur, assume or suffer to exist any Lien lien upon or with respect to the Facility, any of its properties, rights, income or other assets relating theretoassets, including, without limitation, the Mortgaged Property whether now owned or hereafter acquired, other than the following permitted Liens (“Permitted Encumbrances”):than: (a) Liens at any time existing in favor of Lenderthe Banks pursuant to this Agreement; (b) Permitted Liens; (c) Inchoate Liens arising by operation of law to secure claims for the purchase of labor, services, materials, equipment or supplies, provided supplies to the extent that payment thereof shall not at the time be delinquent and, if such Lien is a lien upon any of the Land or Improvements, such Lien must be fully disclosed to Lender and bonded off and removed from the Land and Improvements within thirty (30) days of its creation, in a manner satisfactory to Lender in its reasonable discretiondelinquent; (cd) Liens incurred in the ordinary course of business in connection with workers’ workmen's compensation, unemployment insurance or other forms of governmental insurance or benefits, or to secure performance of tenders, statutory obligations, leases and contracts (other than for money borrowed or for credit received with in respect to of property acquired) entered into in the ordinary course of business as presently conducted or to secure obligations for surety or appeal bonds, excluding, however, in any such case any lien arising in favor of the Pension Benefit Guaranty Corporation; andor (de) Liens for current year’s taxes, assessments or governmental charges or levies provided payment thereof shall not be delinquent.

Appears in 1 contract

Samples: Credit Agreement (Nichols Research Corp /Al/)

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