Common use of No Prior Lien Clause in Contracts

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a BNPP Entity, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a BNPP Entity) has an interest in any Account or any other accounts of Customer with the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 12 contracts

Sources: Lending Agreement (Midas Fund, Inc.), BNPP Ny Lending Agreement (Midas Series Trust), BNPP Ny Lending Agreement (Midas Series Trust)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB, Inc. to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 7 contracts

Sources: u.s. Pb Agreement (Center Coast MLP & Infrastructure Fund), u.s. Pb Agreement (Dividend & Income Fund), u.s. Pb Agreement (Corporate Capital Trust, Inc.)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB, Inc. to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933, as amended.

Appears in 6 contracts

Sources: u.s. Pb Agreement (FS Global Credit Opportunities Fund), u.s. Pb Agreement (FS Energy Total Return Fund), u.s. Pb Agreement (FS Credit Income Fund)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, Agreement and other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are will include “restricted securities” or securities of an issuer of which Customer is an “affiliate”, as defined in Rule 144 under the Securities Act of 1933.

Appears in 3 contracts

Sources: Prime Brokerage Agreement, u.s. Prime Brokerage Agreement (Sterling Capital Funds), u.s. Prime Brokerage Agreement (Sterling Capital Funds)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 3 contracts

Sources: BNPP Ny Lending Agreement (Alpine Income Trust), BNPP Ny Lending Agreement (Alpine Series Trust), BNPP Ny Lending Agreement (Alpine Equity Trust)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a BNPP Entity, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a BNPP Entity) has an interest in any Account or any other accounts of Customer with the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB, Inc. to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 3 contracts

Sources: u.s. Pb Agreement (DNP Select Income Fund Inc), u.s. Pb Agreement (Reaves Utility Income Fund), u.s. Pb Agreement (Claymore/Guggenheim Strategic Opportunities Fund)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 3 contracts

Sources: u.s. Pb Agreement (Fiduciary/Claymore Energy Infrastructure Fund), u.s. Pb Agreement (Guggenheim Strategic Opportunities Fund), u.s. Pb Agreement (Alpine Global Premier Properties Fund)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, Agreement and other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” or securities of an issuer of which Customer is an “affiliate” as defined in Rule 144 under the Securities Act of 1933.

Appears in 2 contracts

Sources: u.s. Pb Agreement (Nexpoint Real Estate Strategies Fund), u.s. Pb Agreement (NexPoint Capital, Inc.)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, Agreement and other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY to the contrary, none of the Collateral are “restricted securities” or securities of an issuer of which Customer is an “affiliate”, as defined in Rule 144 under the Securities Act of 1933.

Appears in 2 contracts

Sources: BNPP Ny Lending Agreement (Highland Global Allocation Fund), Lending Agreement (Highland Funds Ii)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933, as amended.

Appears in 2 contracts

Sources: u.s. Pb Agreement (FS Multi-Alternative Income Fund), u.s. Pb Agreement (FS Investment Corp IV)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” or securities of an issuer of which Customer is an “affiliate” as defined in Rule 144 under the Securities Act of 1933.

Appears in 2 contracts

Sources: u.s. Pb Agreement (Broadstone Real Estate Access Fund), u.s. Pb Agreement (Broadstone Real Estate Access Fund, Inc.)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, Agreement and other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 2 contracts

Sources: u.s. Prime Brokerage Agreement, u.s. Prime Brokerage Agreement (ALPS Series Trust)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a BNPP Entity, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a BNPP Entity) has an interest in any Account or any other accounts of Customer with the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB, Inc. to the contrary, none of the Collateral are "restricted securities" as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Sources: Pb Agreement (Guggenheim Enhanced Equity Income Fund (F/K/a Old Mutual/Claymore Long-Short Fund))

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB to the contrary, none of the Collateral are "restricted securities" as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Sources: u.s. Pb Agreement (Guggenheim Credit Allocation Fund)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PBL to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Sources: u.s. Pb Agreement (Pathway Energy Infrastructure Fund, Inc.)

No Prior Lien. Customer is the lawful owner of all Collateral, free and clear of all liens, claims. Claims, encumbrances and transfer restrictions, except such as are created under this Agreement, other liens in favor of a one or more BNPP EntityEntities, and Customer will not cause or allow any of the Collateral, whether now owned or hereafter acquired, to be or become subject to any liens, security interests, mortgages or encumbrances of any nature other than those in favor of the BNPP Entities. No person (other than a any BNPP Entity) has an interest in any Account or any other accounts of Customer with any of the BNPP Entities, any Collateral or other assets or property held therein or credited thereto or any other Collateral. Unless Customer has notified BNPP NY PB. Inc. to the contrary, none of the Collateral are “restricted securities” as defined in Rule 144 under the Securities Act of 1933.

Appears in 1 contract

Sources: u.s. Pb Agreement (Guggenheim Credit Allocation Fund)