Common use of Priority of Liens Clause in Contracts

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 10 contracts

Samples: Credit Agreement (Benihana Inc), Credit Agreement (National Equipment Services Inc), Credit Agreement (Simcala Inc)

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Priority of Liens. The Administrative Agent shall have received satisfactory evidence that (i) the Administrative Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 6 contracts

Samples: Credit Agreement (Advance America, Cash Advance Centers, Inc.), Credit Agreement (Advance America, Cash Advance Centers, Inc.), Credit Agreement (Advance America, Cash Advance Centers, Inc.)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfectedfirst priority, first priority perfected Lien on all Collateral (subject to clause (ii)) and (ii) none of the Collateral is subject to any other Liens other than Permitted LiensLiens and Liens on Indebtedness to be repaid on the Closing Date and to be released on or promptly after the Closing Date.

Appears in 6 contracts

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject only to any other Liens other than Permitted Liens).

Appears in 4 contracts

Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

Priority of Liens. The Receipt by the Agent shall have received of satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject only to any other Liens other than Permitted Liens).

Appears in 4 contracts

Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (ia) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral (subject to clause (b)) and (iib) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 3 contracts

Samples: Credit Agreement (Fresh Foods Inc), Credit Agreement (MST Enterprises Inc), Credit Agreement (Pierre Leasing LLC)

Priority of Liens. The Agent shall have received satisfactory ----------------- evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject only to any other Liens other than Permitted Liens).

Appears in 3 contracts

Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral (provided that the Agent's perfected Lien shall not be required to be first priority with respect to Collateral subject to a previously perfected Permitted Lien) and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (M & M Properties Inc), Credit Agreement (National Equipment Services Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, Agent holds a perfected, first priority Lien on all Collateral (subject only to Permitted Liens which are specifically permitted to have priority over the Liens of the Agent) and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (Friedmans Inc), Credit Agreement (Friedmans Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is Collateral, subject to any no other Liens other than Permitted Liens; provided that Collateral consisting of Capital Stock of any Subsidiary of Partners or any Joint Venture shall be subject to no other Liens (other than Specified Permitted Liens).

Appears in 2 contracts

Samples: Senior Secured Credit Facility (TransMontaigne Partners L.P.), Senior Secured Credit Facility (TransMontaigne Partners L.P.)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is Collateral, subject to any no other Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Senior Secured Credit Facility (TransMontaigne Partners L.P.), Senior Secured Credit Facility (TransMontaigne Partners L.P.)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (iilimited as set forth in paragraph (f) none of the Collateral is above, as to Accepted Real Estate), subject to any no other Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Senior Secured Working Capital Credit Facility (Transmontaigne Inc), Senior Secured Working Capital Credit Facility (Transmontaigne Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral subject only to Permitted Liens and (ii) none of the Collateral Co1lateral is subject to any other Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (nFinanSe Inc.), Loan and Security Agreement (nFinanSe Inc.)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral Collateral, subject only to Permitted Liens, and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens, in each case, except for assets in the De Minimus Accounts and the In Process Titled Vehicles.

Appears in 2 contracts

Samples: Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Nationsrent Companies Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (iA) the Agent, on behalf of the Lenders, holds a perfected, first priority perfected Lien on all Collateral (subject to clause (B)) and (iiB) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 2 contracts

Samples: Credit Agreement (DelStaff, LLC), Investment Agreement (Minrad International, Inc.)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the LendersXxxxxxx, holds a perfectedfirst priority, first priority perfected Lien on all Collateral (subject to clause (ii)) and (ii) none of the Collateral is subject to any other Liens other than Permitted LiensLiens and Liens on Indebtedness to be repaid on the Closing Date and to be released on or promptly after the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

Priority of Liens. The Collateral Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, Collateral Agent holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

Priority of Liens. The Agent shall have received ----------------- satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Engineered Support Systems Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (iA) the Agent, on behalf of the Lenders, holds a perfected, first priority perfected Lien on all Collateral (subject to clause (B)) and (iiB) none of the Collateral is subject to any other Liens other than Permitted LiensLiens or Liens to be terminated pursuant to Section 4.01(c).

Appears in 1 contract

Samples: Credit Agreement (Telos Corp)

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Priority of Liens. The Agent shall have received satisfactory evidence that (iA) the Agent, on behalf of the Lenders, holds (1) a perfected, first priority perfected Lien on all Collateral and (ii2) a first priority, perfected lien on all Priority Collateral (in each case subject to clause (B) below) and (B) none of the Collateral is subject to any other Liens other than Permitted LiensLiens and Liens on Indebtedness to be repaid on the Amendment No. 6 Effective Date and to be released on or promptly after the Amendment No. 6 Effective Date.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral (subject to clause (ii) and the provisions of the Security Agreement) and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Coleman Cable, Inc.)

Priority of Liens. The Collateral Agent shall have received satisfactory evidence that (i) the Collateral Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject to any other Liens other than Permitted LiensLiens permitted by Section 8.01.

Appears in 1 contract

Samples: Credit Agreement (Aaf McQuay Inc)

Priority of Liens. The Agent shall have received satisfactory ----------------- evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral (provided that the Agent's perfected Lien shall not be required to be first priority with respect to Collateral subject to a previously perfected Permitted Lien) and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (National Equipment Services Inc)

Priority of Liens. The Agent shall have received satisfactory evidence ----------------- that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral and (ii) none of the Collateral is subject only to any other Liens other than Permitted Liens).

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (iA) the Agent, on behalf of the Lenders, holds a perfected, first perfected first-priority Lien on all Collateral subject only to the Agreed Senior Liens and (iiB) none of the Collateral is subject to any other Liens other than Permitted Encumbrances and the Agreed Senior Liens.

Appears in 1 contract

Samples: Debt Agreement (D. E. Shaw Laminar Acquisition Holdings 3, L.L.C.)

Priority of Liens. The Agent Lenders shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, Collateral Agent holds a perfected, first priority Lien on all Collateral (subject in priority solely to the Liens in favor of the Working Capital Lender) and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (PRG Schultz International Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (iA) the Agent, on behalf of the Lenders, holds a perfected, first priority (1) perfected Lien on all Collateral and (ii2) a first priority, perfected lien on all Priority Collateral (in each case subject to clause (B)) and (B) none of the Collateral is subject to any other Liens other than Permitted LiensLiens and Liens on Indebtedness to be repaid on the Closing Date and to be released on or promptly after the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)

Priority of Liens. The Reasonably promptly, after demand therefor, deliver to the Agent shall have received reasonably satisfactory evidence that (i) the Agent, on its behalf and on behalf of the Lenders, holds a perfected, first second priority Lien on all Collateral and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Westpoint Stevens Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral subject only to Permitted Liens and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Color Corp)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on its behalf and on behalf of the Lenders, holds a perfected, first second priority Lien on all Collateral and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Westpoint Stevens Inc)

Priority of Liens. The Agent shall have received satisfactory evidence that (i) the Agent, on behalf of the Lenders, holds a perfected, first priority Lien on all Collateral (subject to clause (ii)), including, but not limited to, Spare Parts, and (ii) none of the Collateral is subject to any other Liens other than Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (World Air Holdings, Inc.)

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