Prohibition on Liens. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or permit to exist any Lien on or with respect to any property or asset of any kind (including any document or instrument in respect of goods or accounts receivable) of Company or any of its Subsidiaries, whether now owned or hereafter acquired, or any income or profits therefrom, or file or permit the filing of, or permit to remain in effect, any financing statement or other similar notice of any Lien with respect to any such property, asset, income or profits under the Uniform Commercial Code of any state or under any similar recording or notice statute, except: (i) Permitted Encumbrances; (ii) Liens in respect of Permitted Extension Indebtedness and Other Permitted Indebtedness; provided that such Liens encumber only assets subject to purchase money Liens securing such Indebtedness; and (iii) other Liens securing Indebtedness in an aggregate amount not to exceed $10 million at any time outstanding.
Appears in 3 contracts
Samples: Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc), Credit Agreement (Atlas Air Inc)
Prohibition on Liens. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or permit to exist any Lien on or with respect to any property or asset of any kind (including any document or instrument in respect of goods or accounts receivable) of Company or any of its Subsidiaries, whether now owned or hereafter acquired, or any income or profits therefrom, or file or permit the filing of, or permit to remain in effect, any financing statement or other similar notice of any Lien with respect to any such property, asset, income or profits under the Uniform Commercial Code of any state State or under any similar recording or notice statute, except:
(i) Permitted Encumbrances;
(ii) Liens in respect of Permitted Extension securing Indebtedness and Other Permitted Indebtedness; provided that such Liens encumber only assets subject to purchase money under the Warehouse Agreement;
(iii) Liens securing such IndebtednessIndebtedness under the Senior Subordinated Loan Agreement;
(iv) Liens incurred in connection with Securitization Transactions and the Sale/Leaseback Program; and
(iiiv) other Liens securing Indebtedness in an aggregate amount not arising pursuant to exceed $10 million at any time outstandingSection 6 of the Hedge Agreement.
Appears in 1 contract
Samples: Junior Subordinated Loan Agreement (Falcon Financial Investment Trust)
Prohibition on Liens. Company shall not, and shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, assume or permit to exist any Lien on or with respect to any property or asset of any kind (including any document or instrument in respect of goods or accounts receivable) of Company or any of its Restricted Subsidiaries, whether now owned or hereafter acquired, or any income or profits therefrom, or file or permit the filing of, or permit to remain in effect, any financing statement or other similar notice of any Lien with respect to any such property, asset, income or profits under the Uniform Commercial Code of any state State or under any similar recording or notice statute, except:
(i) Permitted Encumbrances;
(ii) Liens granted pursuant to the Collateral Documents;
(iii) Liens described in respect of Permitted Extension Indebtedness and Other Permitted IndebtednessSchedule 7.2 annexed hereto; provided that such Liens encumber only assets subject to purchase money 101
(iv) Liens securing such IndebtednessIndebtedness permitted pursuant to subsection 7.1(iii); and
(iiiv) other Other Liens securing Indebtedness in an aggregate amount not to exceed $10 million 3,000,000 at any time outstanding.
Appears in 1 contract
Samples: Credit Agreement (Pantry Inc)
Prohibition on Liens. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or permit to exist any Lien on or with respect to any property or asset of any kind (including any document or instrument in respect of goods or accounts receivable) of Company or any of its Subsidiaries, whether now owned or hereafter acquired, or any income or profits therefrom, or file or permit the filing of, or permit to remain in effect, any financing statement or other similar notice of any Lien with respect to any such property, asset, income or profits under the Uniform Commercial Code of any state State or under any similar recording or notice statute, except:
(i) Permitted Encumbrances;
(ii) Liens in respect of Permitted Extension securing Indebtedness and Other Permitted Indebtedness; provided that such Liens encumber only assets subject to purchase money under the Warehouse Agreement;
(iii) Liens securing such IndebtednessIndebtedness permitted under Section 6.1(vi);
(iv) Liens incurred in connection with Securitization Transactions and the Sale/Leaseback Program; and
(iiiv) other Liens securing Indebtedness in an aggregate amount not arising pursuant to exceed $10 million at any time outstandingSection 6 of the Hedge Agreement.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (Falcon Financial Investment Trust)
Prohibition on Liens. Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or permit to exist any Lien on or with respect to any property or asset of any kind (including any document or instrument in respect of goods or accounts receivable) of Company or any of its Subsidiaries, whether now owned or hereafter acquired, or any income or profits therefrom, or file or permit the filing of, or permit to remain in effect, any financing statement or other similar notice of any Lien with respect to any such property, asset, income or profits under the Uniform Commercial Code of any state State or under any similar recording or notice statute, except:
(i) except Permitted Encumbrances;
. Without limiting the generality of the foregoing, Company shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or permit to exist any Lien on or with respect to any Accounts Receivable or Inventory other than Liens granted in favor of Administrative Agent, on behalf of Lenders and Liens described in clause (iivi) Liens in respect of the definition of Permitted Extension Indebtedness and Other Permitted Indebtedness; provided that such Liens encumber only assets subject to purchase money Liens securing such Indebtedness; and
(iii) other Liens securing Indebtedness in an aggregate amount not to exceed $10 million at any time outstandingEncumbrances.
Appears in 1 contract
Samples: Credit Agreement (Zilog Inc)