Common use of Purchase Money Liens Clause in Contracts

Purchase Money Liens. Liens (i) that are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided that (A) such Liens only secure Indebtedness permitted by Section 9.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90% of the cost of acquiring, constructing or improving such fixed or capital assets, and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.

Appears in 3 contracts

Samples: Pledge and Security Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc), Pledge and Security Agreement (American Dental Partners Inc)

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Purchase Money Liens. Liens (i) that which are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided PROVIDED that (A) such Liens only secure Indebtedness permitted by Section section 9.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90100% of the cost of acquiring, constructing or improving such fixed or capital assets, ; and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided PROVIDED that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.;

Appears in 2 contracts

Samples: Credit Agreement (Om Group Inc), Revolving Credit Agreement (Om Group Inc)

Purchase Money Liens. Liens (i) that which are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided PROVIDED that (A) such Liens only secure Indebtedness permitted by Section section 9.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90100% of the cost of acquiring, constructing or improving such fixed or capital assets, ; and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided PROVIDED that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.; and

Appears in 2 contracts

Samples: Credit Agreement (Om Group Inc), Credit Agreement (Anthony & Sylvan Pools Corp)

Purchase Money Liens. Liens Liens: (i) that are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided that (A) such Liens only secure Indebtedness permitted by Section 9.4(csection 10.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 90 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90100% of the cost of acquiring, constructing or improving such fixed or capital assets, assets and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.; and

Appears in 2 contracts

Samples: Credit Agreement (Calgon Carbon Corporation), General Revolving Note (Calgon Carbon Corporation)

Purchase Money Liens. Liens (i) that are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided that (A) such Liens only secure Indebtedness permitted by Section 9.4(c8.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90% of the cost of acquiring, constructing or improving such fixed or capital assets, and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.; and

Appears in 1 contract

Samples: Term Loan Agreement (American Dental Partners Inc)

Purchase Money Liens. Liens (i) that are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided that (A) such Liens only secure Indebtedness permitted by Section 9.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90% of the cost of acquiring, constructing or improving such fixed or capital assets, ; and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.; and

Appears in 1 contract

Samples: Credit Agreement (American Dental Partners Inc)

Purchase Money Liens. Liens (i) that which are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided PROVIDED that (A) such Liens only secure Indebtedness permitted by Section section 9.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 180 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90100% of the cost of acquiring, constructing or improving such fixed or capital assets, assets and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided PROVIDED that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.;

Appears in 1 contract

Samples: Credit Agreement (Lesco Inc/Oh)

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Purchase Money Liens. Liens (i) that which are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided PROVIDED that (A) such Liens only secure Indebtedness permitted by Section 9.4(csection 9.4(e), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 180 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90100% of the cost of acquiring, constructing or improving such fixed or capital assets, ; and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided PROVIDED that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.; and

Appears in 1 contract

Samples: Credit Agreement (Fca of Ohio Inc)

Purchase Money Liens. Liens (i) that which are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower Company or any Subsidiary, provided that (A) such Liens only secure Indebtedness permitted by Section section 9.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90100% of the cost of acquiring, constructing or improving such fixed or capital assets, ; and (D) such Liens shall not apply to any other property or assets of the Borrower Company or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.;

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Purchase Money Liens. Liens (i) that are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided that (A) such Liens only secure Indebtedness permitted by Section 9.4(c), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90% of the cost of acquiring, constructing or improving such fixed or capital assets, and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.; and

Appears in 1 contract

Samples: Credit Agreement (American Dental Partners Inc)

Purchase Money Liens. Liens (i) that which are placed upon fixed or capital assets, acquired, constructed or improved by the Borrower or any Subsidiary, provided that (A) such Liens only secure Indebtedness permitted by Section 9.4(csection 9.4(b), (B) such Liens and the Indebtedness secured thereby are incurred prior to or within 120 60 days after such acquisition or the completion of such construction or improvement, (C) the Indebtedness secured thereby does not exceed 90100% of the cost of acquiring, constructing or improving such fixed or capital assets, ; and (D) such Liens shall not apply to any other property or assets of the Borrower or any Subsidiary; or (ii) arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any such Liens, provided that the principal amount of such Indebtedness is not increased and such Indebtedness is not secured by any additional assets.;

Appears in 1 contract

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)

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