Common use of Restrictions on Liens, Etc Clause in Contracts

Restrictions on Liens, Etc. Without limiting the terms of Section 8.1, the Borrower will not, and will not permit any of its Subsidiaries to, (a) create or incur or suffer to be created or incurred or to exist any lien, encumbrance, mortgage, pledge, negative pledge, charge, restriction or other security interest of any kind upon any of its property or assets of any character whether now owned or hereafter acquired, or upon the income or profits therefrom; (b) transfer any of its property or assets or the income or profits therefrom for the purpose of subjecting the same to the payment of Indebtedness or performance of any other obligation in priority to payment of its general creditors; (c) 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; (d) suffer to exist for a period of more than 30 days after the same shall have been incurred any Indebtedness or claim or demand against it that if unpaid might by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over its general creditors; (e) sell, assign, pledge or otherwise transfer any accounts, contract rights, general intangibles, chattel paper or instruments, with or without recourse; (f) incur or maintain any obligation to any holder of Indebtedness of the Borrower or any Subsidiary which prohibits the creation or maintenance of any lien securing the Obligations (collectively "Liens"); or

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Wellsford Real Properties Inc)

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Restrictions on Liens, Etc. Without limiting the terms of Section 8.1, the The Borrower will not, and will not permit any of its Subsidiaries to, (a) create or incur or suffer to be created or incurred or to exist any lien, encumbrance, mortgage, pledge, negative pledge, charge, restriction or other security interest of any kind upon any of its property or assets of any character whether now owned or hereafter acquired, or upon the income or profits therefrom; (b) transfer any of its property or assets or the income or profits therefrom for the purpose of subjecting the same to the payment of Indebtedness or performance of any other obligation in priority to payment of its general creditors; (c) 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; (d) suffer to exist for a period of more than 30 days after the same shall have been incurred any Indebtedness or claim or demand against it that if unpaid might by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over its general creditors; (e) sell, assign, pledge or otherwise transfer any accounts, contract rights, general intangibles, chattel paper or instruments, with or without recourse; or (f) incur or maintain any obligation to any holder of Indebtedness of the Borrower or any such Subsidiary which prohibits the creation or maintenance of any lien securing the Obligations (collectively "Liens"); orprovided that the Borrower and any Subsidiary of the Borrower may create or incur or suffer to be created or incurred or to exist:

Appears in 1 contract

Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)

Restrictions on Liens, Etc. Without limiting the terms of Section 8.1, the The Borrower will not, and will not permit any of its Subsidiaries Managing Member to, (a) create or incur or suffer to be created or incurred or to exist any lien, security title, encumbrance, mortgage, pledge, negative pledge, charge, restriction or other security interest of any kind upon any of its property or assets of any character whether now owned or hereafter acquired, or upon the income or profits therefrom; (b) transfer any of its property or assets or the income or profits therefrom for the purpose of subjecting the same to the payment of Indebtedness or performance of any other obligation in priority to payment of its general creditors; (c) 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; (d) suffer to exist for a period of more than 30 days after the same shall have been incurred any Indebtedness or claim or demand against it that if unpaid might by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over its general creditors; (e) sell, assign, pledge or otherwise transfer any accounts, contract rights, general intangibles, chattel paper or instruments, with or without recourse; or (f) incur or maintain any obligation to any holder of Indebtedness of the Borrower or any Subsidiary which prohibits the creation or maintenance of any lien securing the Obligations (collectively "Liens"); orObligations.

Appears in 1 contract

Samples: Credit Agreement (Wellsford Real Properties Inc)

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Restrictions on Liens, Etc. Without limiting the terms of Section 8.1, the The Borrower will not, and will -------------------------- not permit any of its Subsidiaries to, : (a) create or incur or suffer to be created or incurred or to exist any lien, encumbrance, mortgage, pledge, negative pledge, charge, restriction or other security interest of any kind upon any of its property or assets of any character whether now owned or hereafter acquired, or upon the income or profits therefrom; (b) transfer any of its property or assets or the income or profits therefrom for the purpose of subjecting the same to the payment of Indebtedness or performance of any other obligation in priority to payment of its general creditors; (c) 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 arrangementarrangements; (d) suffer to exist for a period of more than 30 thirty (30) days after the same shall have been incurred any Indebtedness or claim or demand against it its that if unpaid might by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over its general creditors; or (e) sell, assign, pledge or otherwise transfer any accounts, contract rights, general intangibles, chattel paper or instruments, with or without recourse; (f) provided that the Borrower and any of its Subsidiaries may create or incur or maintain any obligation suffer to any holder of Indebtedness of the Borrower be created or any Subsidiary which prohibits the creation incurred or maintenance of any lien securing the Obligations (collectively "Liens"); orto exist:

Appears in 1 contract

Samples: Loan Agreement (Copley Pharmaceutical Inc)

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