Personal Property; Liens. Liens relating to personal property financing leases entered into in the ordinary course of business with respect to equipment, fixtures, furniture, furnishings and similar assets; and
Personal Property; Liens. Lessor and Lessee hereby agree that the Equipment is, and shall at all times remain, personal property notwithstanding the fact that any Item of Equipment may now be, or hereafter become, in any manner affixed or attached to real property or any improvements thereon. Lessee shall at all times keep the Equipment free and clear from all Liens. Lessee shall (i) give Lessor immediate written notice of any such Lien, (ii) promptly, at Lessee's sole cost and expense, take such action as may be necessary to discharge any such Lien, and (iii) indemnify and hold Lessor, on an after-tax basis, harmless from and against any loss or damage caused by any such Lien.
Personal Property; Liens. The Corporation has and owns good and marketable title to all of its personal property, including without limitation, all computer software, database and other intellectual property, free and clear of all Liens whatsoever, except for:
(a) Liens securing the Corporation's indebtedness for money borrowed, if any, as reflected in the Financial Statements, pursuant to the security agreements listed in Schedule 4.9 annexed hereto; (b) Liens securing the deferred purchase price of machinery, equipment, vehicles and/or other fixed assets, if any, as reflected in the Financial Statements or as incurred after the date thereof in the ordinary course of business of the Corporation, pursuant to security agreements listed in Schedule 4.9; (c) materialmen's, workmen's and other similar statutory liens arising in the ordinary course of business, none of which are material singly or in the aggregate, (d) Liens for taxes not yet due and payable, and (e) other Liens which individually or in the aggregate are immaterial in amount and character (each of the Liens described in clauses (a) through (e) of this sentence being hereinafter referred to as "Permitted Liens"). The aggregate book value of all items of machinery, equipment, vehicles, and other fixed assets owned or leased by the Corporation does not exceed $200,000, and all of such fixed assets are in good operating condition and repair (reasonable wear and tear excepted) and are adequate for their use in the Corporation's business as presently conducted.
Personal Property; Liens. Except for the existing cooling towers on the roof of the Building, and except for the existing condenser water loop distribution system in the Building, and subject to Tenant’s obligations expressly set forth in the last sentence of this Section 24.13 below, Landlord hereby waives any and all rights, encumbrances and liens in and to the property (including telecommunications and other equipment) of Tenant and Tenant’s customers and contractors, except any lien upon Tenant’s property obtained pursuant to a judgment against Tenant issued by a court of competent jurisdiction in connection with a Default. Without limiting the foregoing, Landlord shall, within ten (10) days after demand from time to time, execute any lien waiver document (and/or similar document) in favor of any lender(s) of Tenant and/or Tenant’s customers (except with respect to the aforementioned cooling towers and condenser water loop distribution system) which is acceptable to Landlord in its reasonable discretion. Any property that Tenant is to transfer to Landlord on the expiration or earlier termination of this Lease, as may be described under Article 14 of this Lease, shall be free of monetary liens created by or on behalf of Tenant on the expiration or earlier termination of this Lease.
Personal Property; Liens. Lessee represents and warrants that the Equipment is, and shall at all times remain, fully removable personal property notwithstanding any affixation or attachment to real property or improvements. Lessee shall at all times keep Equipment free and clear from all liens and encumbrances of any kind or nature other than those created by, through or under Lessor. If, in violation of the foregoing covenant, any prohibited lien or encumbrance shall attach to Equipment, Lessee shall (a) give Lessor immediate written notice thereof and (b) promptly, at Lessees sole cost and expense, take such action as may be necessary to discharge such lien.
Personal Property; Liens. To the extent a security interest in the Collateral (as defined in the Credit Parties Security Agreement) may be perfected by filing Uniform Commercial Code financing statements, the security interests in such Collateral granted to Administrative Agent for the benefit of the Secured Parties constitute valid and perfected security interests therein prior to all other Liens (other than Permitted Liens) to the extent contemplated by the Security Documents. The Pledged Collateral (as defined in the Credit Parties Security Agreement) has been duly and validly pledged to Administrative Agent for the benefit of Secured Parties pursuant to the Credit Parties Security Agreement, and the Credit Parties Security Agreement creates in favor of Administrative Agent for the benefit of Secured Parties a valid, perfected First Priority Lien in the Pledged Collateral as defined therein as security for the Secured Obligations (as such term is defined in the Credit Parties Security Agreement), subject to no equal or prior security interest (other than Permitted Liens), to the extent contemplated by the Security Documents.
Personal Property; Liens. The Seller has and owns good and ------------------------ indefeasible title to all of the personal property utilized in the Ultrasound Business, free and clear of all liens, pledges, claims, security interests and encumbrances whatsoever, except for: (a) rights of lessors in respect of those Fixed Assets which are leased by the Seller; (b) liens which solely secure the deferred purchase price of machinery, equipment, vehicles and/or other fixed assets, as indicated on Schedule 4.9; (c) liens for current taxes of the Seller ------------ which are not yet due and payable or which are being contested in good faith by appropriate proceedings and for which proper reserves have been established by the Seller; and (d) liens, pledges, claims, security interests, encumbrances, conditions or restrictions which are not, individually or in the aggregate, material in character or amount and do not interfere with the use made or presently proposed to be made of any such property (collectively, "Permitted Liens"). All material items of machinery, equipment, vehicles and other Fixed Assets owned or leased by the Seller and utilized in the Ultrasound Business are listed in Schedule 4.9 annexed hereto, and, except as and to the extent ------------ disclosed in Schedule 4.9, all of such Fixed Assets are in good operating ------------ condition and repair (reasonable wear and tear excepted) and are adequate for their use in the Ultrasound Business as presently conducted, and are sufficient for the continued conduct of the Ultrasound Business.
Personal Property; Liens. Upon the filing of Uniform Commercial Code financing statements naming Borrower as "debtor", naming Lender as "secured party" and describing the Collateral (as defined in the Security Agreement) in the filing offices set forth in Schedule 4.9 hereto, the security interests in such Collateral granted to Lender will, to the extent a security interest in such Collateral may be perfected by filing Uniform Commercial Code financing statements, constitute valid and perfected security interests therein prior to all other Liens. The Collateral has been duly and validly pledged to Lender pursuant to the Security Agreement and the Deed of Trust and the Security Agreement and the Deed of Trust create in favor of Lender a valid, perfected first priority security interest in the Collateral as security for the Obligations subject to no equal or prior security interest.
Personal Property; Liens. The Collateral is and shall remain personal property at all times regardless of how attached or installed at or to the Location(s). Borrower will not create nor permit to exist any mortgage, pledge, title retention lien, or other lien, encumbrance or security interest with respect to the Collateral or permit any financing statement to be filed with respect thereto, other than liens to which Lender shall have given its prior written consent, and encumbrances in favor of Lender. Borrower will defend Borrower's title to the Collateral and Lender's first priority security interest therein against the claims and demand of all Persons. Borrower shall obtain and deliver to Lender any and all landlord's and mortgagee's waivers, estoppel certificates and other similar documents to confirm, among other things, that the Collateral shall remain personal property and that such persons have no interest in the Collateral. Borrower shall also deliver, or cause to be delivered, such Uniform Commercial Code termination and partial releases and/or lien waivers or subordinations with respect to the Collateral as Lender may request.
Personal Property; Liens. Seller shall not dispose of any personal property to be sold under this Agreement other than in a normal course of business. Seller shall not sell, assign, or create any right title or interest whatsoever in or to the Property or create, or permit to exist, any liens, encumbrances or charge thereof, other than those expressly permitted hereby, without promptly discharging same.
