Common use of Purchase Money Liens Clause in Contracts

Purchase Money Liens. Liens on fixed or capital assets acquired, constructed or improved by the Company or any Restricted Subsidiary; provided that (i) such Liens secure Indebtedness permitted by clause (e) of Section 6.01, (ii) such Liens and the Indebtedness secured thereby are incurred prior to or within 180 days after such acquisition or the completion of such construction or improvement, (iii) the Indebtedness secured thereby does not exceed the cost of acquiring, constructing or improving such fixed or capital assets and any financing costs associated therewith and (iv) such Liens shall not apply to any other property or assets of the Company or such Restricted Subsidiary or any other Restricted Subsidiary;

Appears in 2 contracts

Samples: Credit (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc)

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Purchase Money Liens. Liens on which are placed upon fixed or capital assets assets, acquired, constructed or improved by the Company Parent or Lessee or any Restricted Subsidiary; provided , PROVIDED that (iA) such Liens secure Indebtedness permitted by clause Paragraph (eo)(c) of Section 6.01below, (iiB) such Liens and the Indebtedness secured thereby are incurred prior to or within 180 30 days after such acquisition or the completion of such construction or improvement, (iiiC) the Indebtedness secured thereby does not exceed 100% of the cost of acquiring, constructing or improving such fixed or capital assets and any financing costs associated therewith assets; and (ivD) such Liens shall not apply to any other property or assets of the Company or such Restricted Subsidiary Parent, Lessee or any other Restricted Subsidiary;; and

Appears in 2 contracts

Samples: Master Lease Agreement (Brush Engineered Materials Inc), Master Lease Agreement (Brush Engineered Materials Inc)

Purchase Money Liens. Liens on which are placed upon fixed or capital assets assets, acquired, constructed or improved by the Company a Borrower or any Restricted Subsidiary; provided , PROVIDED that (iA) such Liens secure Indebtedness permitted by clause (e) of Section 6.01section 9.4(c), (iiB) such Liens and the Indebtedness secured thereby are incurred prior to or within 180 30 days after such acquisition or the completion of such construction or improvement, (iiiC) the Indebtedness secured thereby does not exceed 100% of the cost of acquiring, constructing or improving such fixed or capital assets and any financing costs associated therewith assets; and (ivD) such Liens shall not apply to any other property or assets of the Company or such Restricted Subsidiary Borrowers or any other Restricted Subsidiary;; and

Appears in 1 contract

Samples: Credit Agreement (Brush Engineered Materials Inc)

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Purchase Money Liens. Liens on which are placed upon fixed or capital assets assets, acquired, constructed or improved by the Company Parent or Lessee or any Restricted Subsidiary; provided , PROVIDED that (iA) such Liens secure Indebtedness permitted by clause Paragraph (eo)(c) of Section 6.01below, (iiB) such Liens and the Indebtedness secured thereby are incurred prior to or within 180 30 days after such acquisition or the completion of such construction or improvement, (iiiC) the Indebtedness secured thereby does not exceed 100% of the cost of acquiring, constructing or improving such fixed or capital assets and any financing costs associated therewith assets; and (ivD) such Liens shall not apply to any other property or assets of the Company or such Restricted Subsidiary Parent, Lessee or any other Restricted Subsidiary;

Appears in 1 contract

Samples: Master Lease Agreement (Brush Engineered Materials Inc)

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