Common use of Other Liens; Permitted Liens Clause in Contracts

Other Liens; Permitted Liens. Company shall not create, incur or suffer to exist any Lien upon any of its assets, now owned or later acquired, as security for any indebtedness, with the exception of the following (each a “Permitted Lien”; collectively, “Permitted Liens”): (i) in the case of real property, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with Company’s business or operations as presently conducted; (ii) Liens in existence on the date of this Agreement that are described in Exhibit F and secure indebtedness for borrowed money permitted under Section 5.4; (iii) the Security Interest and Liens created by the Security Documents; (iv) Liens securing obligations owing to Xxxxx Fargo or its Affiliates in connection with the accelerated payment program; and (v) Liens securing indebtedness in respect of capital leases and purchase money Liens relating to the acquisition of Equipment, provided that with respect to this clause (v) only (x) such indebtedness secured thereby does not exceed (i) the lesser of cost or fair market value of the property being acquired and (ii) $250,000 for any one purchase or $500,000 in the aggregate during any fiscal year, and (y) no Default Period is in existence at the time of and none would exist immediately after the related acquisition.

Other Liens; Permitted Liens. Company shall not create, incur or suffer to exist any Lien upon any of its assets, now owned or later acquired, as security for any indebtedness, with the exception of the following (each a “Permitted Lien”; collectively, “Permitted Liens”): (i) in In the case of real property, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with Company’s business or operations as presently conducted; (ii) Liens in existence on the date of this Agreement that are described in Exhibit F and secure indebtedness for borrowed money permitted under Section 5.4; 5.3(b) (iii) the The Security Interest and Liens created by the Security Documents; (iv) Liens securing obligations owing to Xxxxx Fargo or its Affiliates in connection with the accelerated payment program; and (v) Liens securing indebtedness in respect of capital leases and purchase Purchase money Liens relating to the acquisition of Equipment, provided that with respect to this clause (v) only (x) such indebtedness secured thereby does Equipment not exceed (i) exceeding the lesser of cost or fair market value of the property being acquired and (ii) value, not exceeding $250,000 3,000,000 for any one purchase or $500,000 7,000,000 in the aggregate during any the fiscal yearyear ending March 31, 2009, and (y) $10,000,000 in the aggregate during the fiscal year ending March 31, 2010, and so long as no Default Period is then in existence at the time of and none would exist immediately after because of any such acquisition; (v) liens for taxes not yet due or that are being contested in good faith by appropriate proceedings, provided that adequate reserves with respect thereto are maintained on the related acquisition.books of the Company, in conformity with GAAP; (vi) carriers’, warehousemen’s, mechanics’, materialmen’s, repairmen’s or other like liens arising in the ordinary course of business that are being contested in good faith by appropriate proceedings;

Other Liens; Permitted Liens. No Company shall not create, incur or suffer to exist any Lien upon any of its assets, now owned or later acquired, as security for any indebtedness, with the exception of the following (each a “Permitted Lien”; collectively, “Permitted Liens”): (i) in In the case of real property, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with such Company’s business or operations as presently conducted; (ii) Liens in existence on the date of this Agreement that are described in Exhibit F and secure indebtedness for borrowed money permitted under Section 5.4; (iii) the Security Interest and Liens created by the Security Documents; (iv) Liens securing obligations owing to Xxxxx Fargo or its Affiliates in connection with the accelerated payment program; and (v) Liens securing indebtedness in respect of capital leases and purchase Purchase money Liens on Equipment relating to the acquisition of Equipmentsuch Equipment and Liens on Equipment subject to a Capital Lease, provided that with respect to this clause (v) only (x) such indebtedness secured thereby does in each case not exceed (i) exceeding the lesser of cost or fair market value of the property being acquired and (ii) not to exceed $250,000 5,000,000 for any one asset purchase or $500,000 in the aggregate during any fiscal year, lease and (y) so long as no Default Period is then in existence at the time of and none would exist immediately after such acquisition or lease; (v) Liens on Commodity Swap Agreements or funds deposited in connection therewith permitted under Section 5.4(f); (vi) Liens on amounts deposited with customers of a Company as permitted in Section 5.6(f); (vii) financing statements filed in connection with operating lease transactions for Equipment; (viii) statutory Liens on crude oil securing obligations that are not yet due and are incurred in the related acquisitionordinary course of business; and (ix) Liens on amounts deposited with insurers in connection with liability insurance policies and workers’ compensation insurance policies obtained to cover the transportation business of a Company.

Other Liens; Permitted Liens. No Company shall not create, incur or suffer to exist any Lien upon any of its assets, now owned or later acquired, as security for any indebtedness, with the exception of the following (each a “"Permitted Lien”"; collectively, “"Permitted Liens”"): (i) in In the case of real property, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with such Company’s 's business or operations as presently conducted; (ii) Liens in existence on the date of this Agreement that are described in Exhibit F and secure indebtedness for borrowed money permitted under Section 5.4; (iii) the Security Interest and Liens created by the Security Documents; (iv) Liens securing obligations owing to Xxxxx Fargo or its Affiliates in connection with the accelerated payment program; and (v) Liens securing indebtedness in respect of capital leases and purchase Purchase money Liens on Equipment relating to the acquisition of Equipment, provided that with respect to this clause (v) only (x) such indebtedness secured thereby does Equipment not exceed (i) exceeding the lesser of cost or fair market value of the property being acquired and (ii) not to exceed $250,000 500,000 for any one asset purchase or $500,000 in the aggregate during any fiscal year, and (y) so long as no Default Period is then in existence at the time of and none would exist immediately after such acquisition; (v) Liens on Commodity Swap Agreements or funds deposited in connection therewith permitted under Section 5.4(f); (vi) Liens on amounts deposited with customers of a Company as permitted in Section 5.6(f); (vii) financing statements filed in connection with operating lease transactions for Equipment; (viii) statutory Liens on crude oil securing obligations that are not yet due and are incurred in the related acquisitionordinary course of business; and (ix) Liens on amounts deposited with insurers in connection with liability insurance policies and workers' compensation insurance policies obtained to cover the transportation business of a Company.