Common use of Restrictions on Liens, Etc Clause in Contracts

Restrictions on Liens, Etc. Borrower will not, and will not permit REIT or their respective Subsidiaries to (a) create or incur or suffer to be created or incurred or to exist any lien, security title, encumbrance, mortgage, pledge, charge, hypothec, restriction or other security interest of any kind (and however denominated under any Applicable Law) upon any of their respective property or assets of any character whether now owned or hereafter acquired, or upon the income or profits therefrom; (b) acquire any property or assets upon conditional sale or other title retention or purchase money security agreement, device or arrangement; (c) suffer to exist for a period of more than thirty (30) days after the same shall have been incurred any Indebtedness or claim or demand against any of them that if unpaid could by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over any of their general creditors; or (d) pledge, encumber or otherwise transfer as part of a financing transaction any accounts, contract rights, general intangibles, intangibles, chattel paper or instruments, with or without recourse (collectively, “Liens”); provided that notwithstanding anything to the contrary contained herein, Borrower and any such Subsidiary of Borrower may create or incur or suffer to be created or incurred or to exist:

Restrictions on Liens, Etc. Borrower will not, and will not permit REIT or their respective Subsidiaries to (ai) create Create or incur or suffer to be created or incurred or to exist any lien, security title, encumbrance, mortgage, pledge, chargeattachment, hypothec, restriction security interest or other security interest rights of third parties of any kind (and however denominated under any Applicable Law) upon any of their respective property the Eligible Unencumbered Properties or assets upon the Equity Interests of FPLP or any character other Borrower, whether now owned or hereafter acquired, or upon the income or profits therefromtherefrom or the Distributions attributable thereto; (bii) acquire 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 arrangementarrangement in connection with the operation of the Eligible Unencumbered Properties; (ciii) suffer to exist with respect to the Eligible Unencumbered Properties, any taxes, assessments and other governmental charges, and claims for a period of labor, materials and supplies that are more than thirty (30) 30 days after past due, for which payment thereof is not being contested or for which payment notwithstanding a contest is required to be made in accordance with the same shall have provisions of §8.9 and has not been incurred any Indebtedness or claim or demand against any of them that if unpaid could by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over any of their general creditorstimely made; or (div) pledgesell, encumber assign, pledge or otherwise transfer as part of a financing transaction for security any accounts, contract rights, general intangibles, intangibles, chattel paper or instruments, with or without recourse recourse, relating to the Eligible Unencumbered Properties (collectively, the foregoing types of liens and encumbrances described in clauses (i) through (iv) being sometimes referred to herein collectively as “Liens”); , provided that notwithstanding anything to the contrary contained herein, Borrower and any such Subsidiary of Borrower may create or incur or suffer to be created or incurred or to exist:

Restrictions on Liens, Etc. Borrower will notNone of the Borrower, the -------------------------- Guarantor and will not permit REIT or their respective Subsidiaries to any Wholly-owned Subsidiary will: (a) create or incur or suffer to be created or incurred or to exist any lien, security title, encumbrance, mortgage, pledge, chargeattachment, hypothec, restriction security interest or other security interest rights of third parties of any kind (and however denominated under any Applicable Law) upon any of their respective property or assets of any character the Borrowing Base Properties, whether now owned or hereafter acquiredacquired (but only for so long as they remain Borrowing Base Properties), or upon the income or profits therefrom; (b) acquire 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 arrangementarrangement in connection with the operation of the Borrowing Base Properties; (c) suffer to exist for a period of more than thirty (30) days after days, with respect to the same shall have Borrowing Base Properties, any taxes, assessments, governmental charges and claims for labor, materials and supplies for which payment thereof is not being contested and required to be made in accordance with the provisions of (S)8.9 and has not been incurred timely made and, with respect to any Indebtedness or claim or demand against any individual Borrowing Base Property, is in an amount not in excess of them that if unpaid could by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over any the lesser of their general creditors(i) $500,000 and (ii) three percent (3%) of the fair market value of the applicable Borrowing Base Property; or (d) pledgesell, encumber assign, pledge or otherwise transfer as part of a financing transaction for security any accounts, contract rights, general intangibles, intangibles, chattel paper or instruments, with or without recourse recourse, relating to the Borrowing Base Properties (collectivelythe foregoing items (a) through (d) being sometimes referred to in this (S)9.2 collectively as "Liens"), “Liens”); provided that notwithstanding anything to the contrary contained herein-------- Borrower, Borrower the Guarantors and any such Wholly-owned Subsidiary of Borrower may create or incur or suffer to be created or incurred or to exist:

Restrictions on Liens, Etc. The Borrower will not, and will not permit REIT or their respective its Subsidiaries to 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, hypothec, restriction or other security interest of any kind (and however denominated under any Applicable Law) upon any of their respective its property or assets of any character whether now owned or hereafter acquired, or upon the income or profits therefrom; (b) acquire 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; (cd) suffer to exist for a period of more than thirty (30) 30 days after the same shall have been incurred any Indebtedness or claim or demand against any of them it that if unpaid could might by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over any of their its general creditors, subject to Borrower's rights pursuant to Section 7.8; (e) assign, pledge or (d) pledge, encumber or otherwise transfer as part of a financing transaction any accounts, contract rights, general intangibles, intangibles, chattel paper or instruments, with or without recourse recourse; or (collectively, “f) incur or maintain any obligation to any holder of Indebtedness of the Borrower or such Subsidiary which prohibits the creation or maintenance of any lien securing the Obligations (collectively "Liens”"); provided that notwithstanding anything PROVIDED that, subject to the contrary contained hereinprovisions of Section 9, the Borrower and any such Subsidiary of the Borrower may create or incur or suffer to be created or incurred or to exist:

Restrictions on Liens, Etc. Borrower will not, and will not permit REIT or their respective Subsidiaries to (a) create Create or incur or suffer to be created or incurred or to exist any lien, security title, encumbrance, mortgage, pledge, chargeattachment, hypothec, restriction security interest or other security interest rights of third parties of any kind (and however denominated under any Applicable Law) upon any of their respective property the Eligible Borrowing Base Properties, the Equity Interests of the Borrower or assets of any character Subsidiary Guarantor or any other Collateral, whether now owned or hereafter acquired, or upon the income or profits therefromtherefrom or the Distributions attributable thereto, as applicable; (b) acquire 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 arrangementarrangement in connection with the operation of the Eligible Borrowing Base Properties; (c) suffer to exist with respect to the Eligible Borrowing Base Properties, any taxes, assessments and other governmental charges and claims for a period of labor, materials and supplies that are more than thirty (30) 30 days after past due, for which payment thereof is not being contested or for which payment notwithstanding a contest is required to be made in accordance with the same shall have provisions of §8.9 and has not been incurred any Indebtedness or claim or demand against any of them that if unpaid could by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over any of their general creditorstimely made; or (d) pledgesell, encumber assign, pledge or otherwise transfer as part of a financing transaction for security any accounts, contract rights, general intangibles, intangibles, chattel paper or instruments, with or without recourse recourse, relating to the Eligible Borrowing Base Properties, the Equity Interests of the Borrower or any Subsidiary Guarantor or any other Collateral (collectively, the foregoing types of liens and encumbrances described in clauses (a) through (d) being sometimes referred to herein collectively as “Liens”); , provided that notwithstanding anything to the contrary contained herein, Borrower and any such the Subsidiary of Borrower Guarantors may create or incur or suffer to be created or incurred or to exist:

Restrictions on Liens, Etc. Borrower will not, and will not permit REIT or their respective Subsidiaries to (a) create Create or incur or suffer to be created or incurred or to exist any lien, security title, encumbrance, mortgage, pledge, chargeattachment, hypothec, restriction security interest or other security interest rights of third parties of any kind (and however denominated under any Applicable Law) upon any of their respective property the Eligible Borrowing Base Properties, the Equity Interests of the Borrower or assets of any character Subsidiary Guarantor or any other Collateral, whether now owned or hereafter acquired, or upon the income or profits therefromtherefrom or the Distributions attributable thereto, as applicable; (b) acquire 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 arrangementarrangement in connection with the operation of the Eligible Borrowing Base Properties; (c) suffer to exist with respect to the Eligible Borrowing Base Properties, any taxes, assessments, and other governmental charges and claims for a period of labor, materials and supplies that are more than thirty (30) 30 days after past due, for which payment thereof is not being contested or for which payment notwithstanding a contest is required to be made in accordance with the same shall have provisions of §8.9 and has not been incurred any Indebtedness or claim or demand against any of them that if unpaid could by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over any of their general creditorstimely made; or (d) pledgesell, encumber assign, pledge or otherwise transfer as part of a financing transaction for security any accounts, contract rights, general intangibles, intangibles, chattel paper or instruments, with or without recourse recourse, relating to the Eligible Borrowing Base Properties, the Equity Interests of the Borrower or any Subsidiary Guarantor or any other Collateral (collectively, the foregoing types of liens and encumbrances described in clauses (a) through (d) being sometimes referred to herein collectively as “Liens”); , provided that notwithstanding anything to the contrary contained herein, Borrower and any such the Subsidiary of Borrower Guarantors may create or incur or suffer to be created or incurred or to exist:

Restrictions on Liens, Etc. Borrower will not, and will not permit REIT or their respective Subsidiaries to (a) create Create or incur or suffer to be created or incurred or to exist any lien, security title, encumbrance, mortgage, pledge, chargeattachment, hypothec, restriction security interest or other security interest rights of third parties of any kind (and however denominated under any Applicable Law) upon any of their respective property the Eligible Unencumbered Properties or assets upon the Equity Interests of FPLP or any character other Borrower, whether now owned or hereafter acquired, or upon the income or profits therefromtherefrom or the Distributions attributable thereto; (b) acquire 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 arrangementarrangement in connection with the operation of the Eligible Unencumbered Properties; (c) suffer to exist with respect to the Eligible Unencumbered Properties, any taxes, assessments and other governmental charges, and claims for a period of labor, materials and supplies that are not more than thirty (30) 30 days after past due, for which payment thereof is not being contested or for which payment notwithstanding a contest is required to be made in accordance with the same shall have provisions of §8.9 and has not been incurred any Indebtedness or claim or demand against any of them that if unpaid could by law or upon bankruptcy or insolvency, or otherwise, be given any priority whatsoever over any of their general creditorstimely made; or (d) pledgesell, encumber assign, pledge or otherwise transfer as part of a financing transaction for security any accounts, contract rights, general intangibles, intangibles, chattel paper or instruments, with or without recourse recourse, relating to the Eligible Unencumbered Properties (collectively, the foregoing types of liens and encumbrances described in clauses (a) through (d) being sometimes referred to herein collectively as “Liens”); , provided that notwithstanding anything to the contrary contained herein, Borrower and any such Subsidiary of Borrower may create or incur or suffer to be created or incurred or to exist: