Common use of Perfection of Security Interest Clause in Contracts

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as the case may be) a Subsidiary party to the Security Agreement is the owner of the Collateral free from any Lien, except for Permitted Liens.

Appears in 5 contracts

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp), Revolving Credit and Term Loan Agreement (Emmis Communications Corp)

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Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Collateral Agent’s 's security interest in the Collateral. The Collateral and the Administrative Collateral Agent’s 's rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as the case may be) a Subsidiary party to the Security Agreement is the owner of the Collateral free from any Lienlien, security interest, encumbrance and any other claim or demand, except for Permitted Liens.

Appears in 5 contracts

Samples: Credit Agreement (BTHC VII Inc), Credit and Gold Consignment Agreement (Whitehall Jewellers Inc), Consignment Agreement (Marks Bros Jewelers Inc)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Each of the Borrower or (as and the case may be) a Subsidiary party to Guarantors are the Security Agreement is the owner owners of the Collateral owned by it free from any Lien, except for Permitted Liens.

Appears in 4 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as the case may be) a Subsidiary party to the Security Agreement is the owner of the Collateral free from any Lien, except for Permitted Liens.

Appears in 4 contracts

Samples: Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s 's security interest in the Collateral. The Collateral and the Administrative Agent’s 's rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as Each of the case may be) a Subsidiary party to Borrowers and the Security Agreement is Guarantors are the owner owners of the Collateral owned by it free from any Lien, except for Permitted Liens.

Appears in 4 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Assignment and Assumption (CAI International, Inc.)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments required by the Security Documents have been made and all other actions have been taken that are necessary or (if requested by the Administrative Agent) advisable, under applicable law, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or defenses (as the case may be) a Subsidiary party to the Security Agreement is the owner of the Collateral free from any Lien, except for other than in connection with Permitted Liens).

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made or will be made, and all other actions have been taken or will be taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Collateral Agent’s security interest in the Collateral. The Collateral and the Administrative Collateral Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as the case may be) a Subsidiary party to the Security Agreement is the owner of the Collateral free from any Lien, except for Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made or will be made, and all other actions have been taken or will be taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as the case may be) a Subsidiary party to the Security Agreement is the owner of the Collateral free from any Lien, except for Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (McCormick & Schmicks Seafood Restaurants Inc.), Revolving Credit Agreement (McCormick & Schmick Holdings, L.L.C.)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Collateral Agent’s security interest in the Collateral. The Collateral and the Administrative Collateral Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as the case may be) a Subsidiary party to the Security Agreement is the owner of the Collateral free from any Lienlien, security interest, encumbrance and any other claim or demand, except for Permitted Liens.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Whitehall Jewellers Inc), Subordinated Credit Agreement (Whitehall Jewelers Holdings, Inc.)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s 's security interest in the Collateral. The Collateral and the Administrative Agent’s 's rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as Borrowers and their Subsidiaries are the case may be) a Subsidiary party to the Security Agreement is the owner owners of the their respective Collateral free from any Lienlien, security interest, encumbrance and any other claim or demand, except for Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Starter Corp), Credit Agreement (Starter Corp)

Perfection of Security Interest. All Except as otherwise provided in ss.11.9, all filings, assignments, pledges and deposits of documents or instruments have been made or provided for and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s 's security interest in the Collateral. The Collateral and the Administrative Agent’s 's rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower Company or (as the case may be) a Subsidiary of the Company party to one of the Security Agreement Agreements is the owner of the Collateral free from any Lienlien, security interest, encumbrance and any other claim or demand, except for Permitted Liens.

Appears in 2 contracts

Samples: And Term Loan Agreement (Holmes Products Corp), Loan Agreement (Holmes Group Inc)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s 's security interest in the Collateral. The Collateral and the Administrative Agent’s 's rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as Loan Parties are the case may be) a Subsidiary party to the Security Agreement is the owner owners of the Collateral free from any LienLien and any other claim or demand, except for Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Global Partners LP), Credit Agreement (Global Partners LP)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable lawLaw, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are subject to the Intercreditor Agreement but are not subject to any other setoff, claims, withholdings or other defenses. The Borrower or (as Borrowers and all Subsidiaries of the case may be) a Subsidiary Borrowers party to one of the Security Agreement is Documents are the owner owners of the Collateral free from any Lien, except for Permitted Liens.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Borders Group Inc), Term Loan Agreement (Borders Group Inc)

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Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as TheBorrowers are the case may be) a Subsidiary party to the Security Agreement is the owner owners of the Collateral free from any LienLien and any other claim or demand, except for Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Global Partners LP)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s 's security interest interests in and charges over the Collateral (as defined in the CollateralSecurity Agreement). The Collateral and the Administrative Agent’s 's rights with respect to the Collateral are not subject to any material setoff, claims, withholdings or other defenses. The Borrower Borrowers or (their Subsidiaries, as the case may be) a Subsidiary party to specified in the Security Agreement is Documents, are the owner owners of the Collateral free from any Lienlien, security interest, encumbrance and any other claim or demand, except for Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Ict Group Inc)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisablenecessary, under applicable law, to establish and perfect the Administrative Agent’s 's security interest in the CollateralCollateral Bonds. The Collateral Bonds and the Administrative Agent’s 's rights with respect to the Collateral Bonds are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as the case may be) a Subsidiary party to the Security Agreement is the owner of the Collateral Bonds are free from any Lienlien, security interest, encumbrance and any other claim or demand, except for Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bangor Hydro Electric Co)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as the case may be) a Subsidiary of the Borrower party to one of the Security Agreement Agreements is the owner of the Collateral free from any Lien, except for Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anacomp Inc)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisablenecessary, under applicable law, to establish and perfect the Administrative Agent’s security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as Borrowers are the case may be) a Subsidiary party to the Security Agreement is the owner owners of the Collateral free from any Lien, except for Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD/De)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s 's security interest in the Collateral. The Collateral and the Administrative Agent’s 's rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as Obligors are the case may be) a Subsidiary party to the Security Agreement is the owner owners of the Collateral free from any Lienlien, security interest, encumbrance and any other claim or demand, except for Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Morgan Group Inc)

Perfection of Security Interest. All Except as otherwise provided herein, ------------------------------- all filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s 's security interest in the Collateral. The Collateral and the Administrative Agent’s 's rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The A Borrower or (as the case may be) a Subsidiary party to the Security Agreement of a Borrower is the owner of the Collateral free from any Lien, except for Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Xpress Enterprises Inc)

Perfection of Security Interest. All filings, assignments, pledges and deposits of documents or instruments have been made and all other actions have been taken that are necessary or advisable, under applicable law, to establish and perfect the Administrative Agent’s first priority security interest in the Collateral. The Collateral and the Administrative Agent’s rights with respect to the Collateral are not subject to any setoff, claims, withholdings or other defenses. The Borrower or (as Borrowers are the case may be) a Subsidiary party to the Security Agreement is the owner owners of the Collateral free from any Lien, except for Permitted Liens.

Appears in 1 contract

Samples: Revolving Credit Agreement (Seneca Foods Corp /Ny/)

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