Common use of Rights in Collateral; Priority of Liens Clause in Contracts

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to Section 7.10 of this Agreement. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Greenway Medical Technologies Inc), Credit Agreement (Greenway Medical Technologies Inc)

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Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to Section 7.10 of this AgreementPermitted Liens. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior first priority (except as to Permitted Liens of the type described in Section 7.01(i)) and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Higher One Holdings, Inc.), Credit Agreement (Higher One Holdings, Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own owns the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties parties, other than Liens permitted pursuant to Section 7.10 of this Agreementby Section 7.01. Upon the proper filing of UCC financing statements, and the taking of the other actions required by Law or the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens (subject to Liens permitted by Section 7.01) on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (RigNet, Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens except as disclosed in Schedule 7.01 and except as permitted pursuant to Section 7.10 of this Agreementherein. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (Planar Systems Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Each Loan Party own owns the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to by Section 7.10 of this Agreement7.01. Upon the proper filing of UCC financing statements, statements and the taking of the other actions required by the Required LendersLenders or the law, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable firstenforceable, Second Priority, prior and perfected Liens on the Collateral in favor of Administrative Agent, for the ratable benefit of Agent and Lendersthe Secured Parties.

Appears in 1 contract

Samples: Credit Agreement (Fuelcell Energy Inc)

Rights in Collateral; Priority of Liens. The Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties (other than Liens permitted pursuant to Section 7.10 of this Agreementhereunder). Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (Green Mountain Coffee Roasters Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to Section 7.10 of this Agreementparties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders, except for the registration of Agent’s Liens on any titled Equipment.

Appears in 1 contract

Samples: Credit Agreement (Celadon Group Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than except Liens permitted pursuant to Section 7.10 of this Agreement7.01. Upon the due and proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersLenders to perfect the security interests in the Collateral, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (Resmed Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties parties, other than Liens permitted pursuant to Section 7.10 of this AgreementPermitted Liens. Upon the proper filing of UCC financing statementsstatements in the proper locations, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders, subject to Permitted Liens.

Appears in 1 contract

Samples: Credit Agreement (Gulfport Energy Corp)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to under Section 7.10 of this Agreement7.01. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders, subject, however, to the provisions of the Intercreditor and Collateral Agency Agreement.

Appears in 1 contract

Samples: Credit Agreement (Northwest Pipe Co)

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Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to Section 7.10 of this Agreementparties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Administrative Agent, for the ratable benefit of Administrative Agent and Lenders, except for the registration of Administrative Agent’s Liens on any titled Equipment.

Appears in 1 contract

Samples: Credit Agreement (Celadon Group Inc)

Rights in Collateral; Priority of Liens. Borrower The Company and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to Section 7.10 of this Agreementparties, except for Permitted Liens. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersAdministrative Agent, the Liens granted pursuant to the Collateral Documents will will, subject only to Permitted Liens, constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of the Administrative Agent, for the ratable benefit of the Administrative Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (Nutri System Inc /De/)

Rights in Collateral; Priority of Liens. Except as otherwise provided on Schedule 5.18, Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to Section 7.10 of this Agreementparties. Upon Except as otherwise provided on Schedule 5.18, upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (Flow International Corp)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to by Section 7.10 of this Agreement7.1. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Administrative Agent, for the ratable benefit of Administrative Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (Micros Systems Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens permitted pursuant to Section 7.10 of this Agreementexcept as set forth on Schedule 7.01. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (SCB Computer Technology Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties other than Liens expressly permitted pursuant to by Section 7.10 of this Agreement7.01. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersUCC, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Samples: Credit Agreement (Powerwave Technologies Inc)

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