Common use of Permitted Liens; Financing Statements Clause in Contracts

Permitted Liens; Financing Statements. (a) The Borrowers will not create, incur or suffer to exist any Lien upon or of any of their assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 2 contracts

Samples: Credit and Security Agreement (Misonix Inc), Credit and Security Agreement (Misonix Inc)

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Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 2 contracts

Samples: Credit and Security Agreement (Hei Inc), Credit and Security Agreement (Hei Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 2 contracts

Samples: Credit and Security Agreement (Professional Veterinary Products LTD /Ne/), Credit and Security Agreement (Professional Veterinary Products LTD /Ne/)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, not exceeding $50,000 for any one purchase or $100,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 2 contracts

Samples: Credit and Security Agreement (Pro Dex Inc), Credit and Security Agreement (Pro Dex Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 2 contracts

Samples: Credit and Security Agreement (Digital Angel Corp), Credit and Security Agreement (Digital Angel Corp)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 2 contracts

Samples: Credit and Security Agreement (2nd Swing Inc), Credit and Security Agreement (Kitty Hawk Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, not exceeding in the aggregate the Capital Expenditures limitation for such year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Ag Bag International LTD)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof not exceeding $1,000,000 for any one purchase or $2,500,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Interpharm Holdings Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, not exceeding $50,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Seaway Valley Capital Corp)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement;Section 6.4; and (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Corsair Components, Inc.)

Permitted Liens; Financing Statements. (a) The Borrowers No Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' such Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers such Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers No Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Miscor Group, Ltd.)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and; (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition; and (v) Liens securing the Medallion Subordinated Debt so long as the Subordination Agreement remains in full force and effect. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Pw Eagle Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' property which is not CollateralBorrower's real property, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Tradestar Services, Inc.)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement0; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase Capitalized leases and purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Exabyte Corp /De/)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, not exceeding $200,000 per purchase and $500,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Pure Earth, Inc.)

Permitted Liens; Financing Statements. (a) The Borrowers Neither the Borrower, any of its any of its Subsidiaries, nor any of their ERISA Affiliates will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof thereof, not exceeding $50,000.00 for any one purchase or $200,000.00 in the aggregate for the Borrower and its Subsidiaries during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Schuff International Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, not exceeding $50,000 for any one purchase or $100,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Provena Foods Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof not exceeding $100,000 for any one purchase or $250,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Qsgi Inc.)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Zila Inc)

Permitted Liens; Financing Statements. (a) The Borrowers No Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers No Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Smtek International Inc)

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Permitted Liens; Financing Statements. (a) The Borrowers will not create, incur or suffer to exist any Lien upon or of any of their respective assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' such Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Orion Energy Systems, Inc.)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement;Section 6.4; and (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (uBid.com Holdings, Inc.)

Permitted Liens; Financing Statements. (a) The Borrowers will not create, incur or suffer to exist any Lien upon or of any of their assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof thereof[, not exceeding $20,000 for any one purchase or $30,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Pacific Cma Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement;Section 6.4; and (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (International Displayworks Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and; (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof not exceeding $100,000 for any one purchase or $400,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition; (v) liens for taxes, assessments, or other governmental charges which are not delinquent or which are being contested in good faith and for which adequate reserves have been established in accordance with GAAP; and (vi) liens of mechanics, materialmen, warehousemen, carriers or other similar statutory liens securing obligations that are not yet due and are incurred in the ordinary course of business. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Metretek Technologies Inc)

Permitted Liens; Financing Statements. (a) The Borrowers No Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' a Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' that Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers a Borrower not exceeding the lesser of cost or fair market value thereof thereof, not exceeding $100,000 for any one purchase or $250,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers No Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Leather Factory Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and; (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof not exceeding $1,000,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition; (v) liens for taxes, assessments, or other governmental charges which are not delinquent or which are being contested in good faith and for which adequate reserves have been established in accordance with GAAP; and (vi) liens of mechanics, materialmen, warehousemen, carriers or other similar statutory liens securing obligations that are not yet due and are incurred in the ordinary course of business. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Metretek Technologies Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Bionova Holding Corp)

Permitted Liens; Financing Statements. (a) The Borrowers will not create, incur or suffer to exist any Lien upon or of any of their assets, now owned or hereafter acquired, to secure any indebtedness; excludingEXCLUDING, howeverHOWEVER, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this Agreement;; and (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Emrise CORP)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not, and shall cause each of its Subsidiaries not to, create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Nortech Systems Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase Capitalized leases and purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Exabyte Corp /De/)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In the case of any of the Borrowers' Borrower’s property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower’s business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The Security Interest and Liens created by the Security Documents; and (iv) Purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, not exceeding $350,000.00 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Waters Instruments Inc)

Permitted Liens; Financing Statements. (a) The Borrowers Borrower will not create, incur or suffer to exist any Lien upon or of any of their its assets, now owned or hereafter acquired, to secure any indebtedness; excluding, however, from the operation of the foregoing, the following (each a "Permitted Lien"; collectively, "Permitted Liens"): (i) In in the case of any of the Borrowers' Borrower's property which is not Collateral, covenants, restrictions, rights, easements and minor irregularities in title which do not materially interfere with the Borrowers' Borrower's business or operations as presently conducted; (ii) Liens in existence on the date hereof and listed in Schedule 6.3 hereto, securing indebtedness for borrowed money permitted under this AgreementSection 6.4; (iii) The the Security Interest and Liens created by the Security Documents; and (iv) Purchase purchase money Liens relating to the acquisition of machinery and equipment of the Borrowers Borrower not exceeding the lesser of cost or fair market value thereof thereof, not exceeding $150,000 for any one purchase or $1,300,000 in the aggregate during any fiscal year, and so long as no Default Period is then in existence and none would exist immediately after such acquisition. (b) The Borrowers Borrower will not amend any financing statements in favor of the Lender except as permitted by law. Any authorization by the Lender to any Person to amend financing statements in favor of the Lender shall be in writing.

Appears in 1 contract

Samples: Credit and Security Agreement (Netlist Inc)

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