Restrictions on Encumbrances. Landlord is prohibited from recording against the Premises liens (including, without limitation, deeds of trust), encumbrances, and other matters that would constitute exceptions to title, and from amending or modifying any of the foregoing that may exist now or during the Term, as more particularly described in the Lease, and any such encumbrance or modification of an encumbrance not authorized in writing by Tenant shall be null and void.
Restrictions on Encumbrances. (a) None of the Obligors will create or incur or suffer to be created or incurred or to exist any Encumbrance of any kind upon any property or assets of any character, whether now owned or hereafter acquired, or upon the income or profits therefrom; or transfer any of such property or assets or the income or profits therefrom for the purpose of subjecting the same to the payment of Debt or performance of any other obligation in priority to payment of its general creditors; or acquire, or agree or have an option to acquire, any property or assets upon conditional sale or other title retention or purchase money security agreement, device or arrangement; or suffer to exist for a period of more than 30 days after the same shall have been incurred any Debt or claim or demand against it which if unpaid might by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over its general creditors; or sell, assign, pledge or otherwise transfer any accounts, contract rights, general intangibles or chattel paper, with or without recourse, except for Permitted Encumbrances.
(b) Each Obligor covenants and agrees that if any of them shall create or incur any Encumbrance upon any of their respective property or assets, whether now owned or hereafter acquired, other than Permitted Encumbrances (unless prior written consent shall have been obtained from the Lenders), the Obligors will make or cause to be made effective provision whereby the Obligations will be secured by such Encumbrance equally and ratably with any and all other Debt thereby secured so long as such other Debt shall be so secured; provided that the covenants of the Obligors contained in this sentence shall only be in effect for so long as the Obligors shall be similarly obligated under any other Debt; provided, further, that an Event of Default shall occur for so long as such other Debt becomes secured notwithstanding any actions taken by the Obligor to ratably secure the Obligations hereunder.
Restrictions on Encumbrances. During the lifetime of Optionee, the Optionee agrees and covenants that no Options will be pledged or otherwise encumbered in any manner, whether voluntarily or involuntarily, by operation of law or otherwise. The foregoing sentence shall not be deemed or construed, however, to prohibit any transfer otherwise allowed by will or by the laws of descent and distribution.
Restrictions on Encumbrances. Xxxxxxxx shall not create, make, incur, assume or permit to exist any mortgage, pledge, lien, security interest, encumbrance or charge of any kind upon any of its properties or assets, whether now owned or hereafter acquired, except the following:
(a) mortgages, pledges, liens, security interests and other encumbrances securing any Indebtedness owing to Mortco or Rentrak and the Indebtedness described on Schedule 6.9;
(b) Personal Property Purchase Money Encumbrances;
(c) Xxxxxxx'x, materialmen's and similar liens imposed by operation of law.
Restrictions on Encumbrances. 13.1 The Proponent shall not mortgage, charge or otherwise encumber the Eligible Project at any time during the Term or permit any mortgage, charge or other encumbrance to remain outstanding in respect of the Eligible Project or alter the terms of any mortgage or charge or encumbrance of the Project without the consent of the General Manager, which consent may be withheld, in the General Manager's sole discretion, acting reasonably.
13.2 The Proponent shall not during the Term offer, list, advertise, or hold out for sale or lease or otherwise offer for disposal the property on which the Eligible Project is located or any part of the Eligible Project without the prior written consent of the General Manager.
13.3 The City, in its absolute discretion, may withhold consent to a sale, lease or other disposition of the property on which the Eligible Project is located if the sale, lease or other disposition does not meet the following conditions:
(a) the sale, lease or other disposition is to a corporation which has been approved by the City;
(b) the purchaser enters into an agreement with the City and under that agreement assumes all of the Proponent’s obligations and liabilities under this Agreement in respect of the Eligible Project;
(c) the character and capabilities of the land and buildings will not be changed or diminished;
(d) the City has approved the agreement of purchase and sale or agreement to lease; and
(e) such other condition or conditions as the City may determine from time to time.
Restrictions on Encumbrances. Except only for (i) the liens and security interests arising under the Mortgage and related documents dated July 30, 2001 with Greenwich Capital Financial Products related to the Lakeshore Marketplace center and (ii) the liens and security interests arising under the mortgages and related documents dated of even date herewith with UBS Warburg Real Estate Investments Inc. and each of Medford Outlet Center LLC, Laughlin Outlet Center LLC xxx Xxxxenton Outlet Center LLC, without the written consent of Prime LP and Prime Retail, which Prime LP and Prime Retail may withhold in their sole discretion, HGP LP shall not, and HGP and HGP LP shall cause each of Lakeshore Marketplace Finance Company, Inc., Medford Holdings LLC, Laughlin Holdings LLC and Wxxxxxxxx Holdings LLC not to, execute, cause, allow or suffer any pledge or encumbrance of their limited liability company interests in any of Lakeshore Marketplace, LLC, Medford Outlet Center LLC, Laughlin Outlet Center LLC xx Xxxxxnton Outlet Center LLC.
Restrictions on Encumbrances. The Company will not create or suffer to exist any mortgage, lien, security interest or encumbrance on any Mortgaged Property (other than the lien of the Indenture), except:
(a) Any purchase money mortgage or security interest created to secure part of the purchase price of any property, or other Debt secured by any mortgage on, or security interest in, any property existing at the time of acquisition thereof, whether or not assumed by the Company and secured by a lien on such property prior to the lien of the Indenture (the Debt secured thereby being sometimes referred to herein as "Prior Lien Debt"), provided that:
(1) such purchase money mortgage, mortgage or security interest shall extend only to the property so acquired and fixed improvements thereto; and
(2) at the time of acquisition thereof and after giving effect to the Debt secured by such outstanding purchase money mortgage, mortgage or security interest
(i) such Debt could then be incurred pursuant to Section 5.07, and
(ii) the aggregate principal amount of Debt secured by all such outstanding purchase money mortgages, mortgages and security interests shall not exceed 15% of the sum of (A) the aggregate principal amount of all Outstanding Bonds and (B) the aggregate principal amount of Additional Bonds which could then be issued under Section 4.01; and
(3) the principal amount of the Debt secured by any such purchase money mortgage, mortgage or security interest, together with all other Debt secured by a lien on such property, if in excess of $1,000,000, shall not exceed 60% of the cost or fair value, whichever is less, of the property so acquired on the date of acquisition thereof; provided, however, if the principal amount of such Debt, if in excess of $1,000,000, shall exceed 60% of the cost or fair value, whichever is less, of such property, then the Company may acquire such property provided further that the Company shall at least 10 days but not more than 30 days prior to such acquisition furnish to the Trustee the following:
(i) a Net Utility Plant Certificate showing that after giving effect thereto the sum of the principal amount of all Bonds and Prior Lien Debt then outstanding will not exceed Net Plant Bondable Capacity;
(ii) a Capitalization Certificate in the form prescribed by Subsection (e) of Section 4.01 showing that after giving effect thereto, Long Term Debt then outstanding will not exceed 65% of Total Capitalization;
(iii) an Available Earnings Certificate showing that Earn...
Restrictions on Encumbrances. Landlord is prohibited from recording ---------------------------- against the Parcel liens (including, without limitation, deeds of trust), encumbrances, and other matters that would constitute exceptions to title, and from amending or modifying any of the foregoing that may exist now or during the Term, as more particularly described in the Amended and Restated Master Lease.
Restrictions on Encumbrances. No Member shall assign, pledge, grant a security interest in or otherwise permit any lien or encumbrance to attach to any interest in any Unit, unless approved in writing by the Members. Any action taken in violation of this restriction shall be null and void.
Restrictions on Encumbrances. Neither the Borrower nor any of its Subsidiaries shall create, incur, assume or suffer to exist any mortgage, pledge, security interest, lien or other charge or encumbrance, including the lien or retained security title of a conditional vendor ("ENCUMBRANCES"), upon or with respect to any property or assets, real or personal, of the Borrower or such Subsidiary, or assign or otherwise convey any right to receive income, except:
(a) Encumbrances existing on the date of this Agreement and set forth on SCHEDULE 3.5; or
(b) Liens for taxes, fees, assessments and other governmental charges to the extent that payment of the same is not required in accordance with the provisions of Section 5.4; or
(c) Encumbrances in favor of the Agent; or
(d) Liens of mechanics, laborers, materialmen, carriers and warehousemen arising by operation of law to secure payment for labor, materials, supplies or services incurred in the ordinary course of business of the Borrower or any of its Subsidiaries, but only if the payment thereof is not at the time required and such liens do not, individually or in the aggregate, materially detract from the value or limit the use of any property subject thereto; or
(e) Deposits made in the ordinary course of the Borrower's or any of its Subsidiaries' businesses in connection with workmen's compensation, unemployment insurance, social security and other similar laws.
