SECURITY INTEREST AND OTHER ENCUMBRANCES. Create, incur, assume, or suffer to exist any mortgage, security interest, lien, or other encumbrance upon any of its properties or assets, whether now owned or hereafter acquired, except mortgages, security interests, liens, and encumbrances (a) in favor of Secured Party and (b) as may be specified in Item 11 of the Schedule.
SECURITY INTEREST AND OTHER ENCUMBRANCES. Create, incur, assume, or suffer to exist any Lien upon any of its properties or assets, whether now owned or hereafter acquired, except for Permitted Encumbrances.
SECURITY INTEREST AND OTHER ENCUMBRANCES. The Parent and the Borrower will not, and will not permit any Consolidated Subsidiary to, create, incur, assume or permit to exist any Lien on any property or asset now owned or hereafter acquired by it, or assign or sell any income or revenues (including accounts receivable) or rights in respect of any thereof, except:
SECURITY INTEREST AND OTHER ENCUMBRANCES. Create, incur, assume, or suffer to exist any mortgage, security interest, lien, or other encumbrance upon any of its properties or assets, whether now owned or hereafter acquired, except mortgages, security interests, liens, and encumbrances (a) in favor of Secured Party and (b) as may be specified in Item 12 of the Schedule. Debtor agrees that it will not, without the Secured Party's prior written consent (a) create, incur, assume or suffer to exist or to be created, incurred or assumed, any lien, security interest, option or other encumbrance of any kind upon any of its rights, title and interests in any of its real property assets. Further, Debtor hereby agrees that it will not, without the Secured Party's prior written consent, enter into any agreement with or in favor of any person or entity other than the Secured Party, which agreement would hinder, qualify, prohibit or otherwise limit in any manner the Debtor's right or ability to (a) create, incur, assume or suffer to exist or to be created, incurred or assumed, any lien, security interest, option or other encumbrance or any kind upon any of its right, title and interest in any of its real property assets whatsoever, or (b) sell, transfer, convey or assign any of its real property assets unless in the ordinary course of business; provided, however, none of the foregoing shall restrict or prohibit the granting of purchase money security interests made in connection with any capital expenditures contemplated in Section 11.11.
SECURITY INTEREST AND OTHER ENCUMBRANCES. 19 7 .3 Mergers, Consolidations, Sales or Acquisitions ................................................... 19 7.4
SECURITY INTEREST AND OTHER ENCUMBRANCES. Create, incur, assume, or suffer to exist any mortgage, security interest, other encumbrance or other Lien upon any of its properties or assets, whether now owned or hereafter acquired (a) except in favor of Secured Party, (b) except all existing liens, mortgages, or encumbrances, and (c) except in connection with the grant of a security interest in Equipment in connection with financing the purchase of Equipment or in connection with the leasing of Equipment in an aggregate amount not to exceed $500,000.00 per fiscal year, so long as Debtor is in compliance with Sections 10.10 and 10.11. herein.
SECURITY INTEREST AND OTHER ENCUMBRANCES. Create, incur, assume, or suffer to exist any mortgage, security, interest, lien, or other encumbrance upon any of its properties or assets, whether now owned or hereafter acquired, except (a) mortgages, security interests, liens, and encumbrances in favor of Lenders, (b) those liens set forth on Schedule 6.4, (c) for customary trade payables entered into in the ordinary course of Borrower's business, (d) purchase money obligations in an amount not to exceed $300,000, provided that such lien encumbers only the asset so purchased and (e) any leases entered into pursuant to Section 9.2.
SECURITY INTEREST AND OTHER ENCUMBRANCES. Create, incur, assume, or suffer to exist any mortgage, security interest, lien, or other encumbrance upon any of its properties or assets, whether now owned or hereafter acquired, except mortgages, security interests, liens, and encumbrances (a) except in favor of Secured Party, (b) except all existing liens, mortgages, or encumbrances, and (c) except in connection with the grant of a security interest in Equipment in connection with financing the purchase of Equipment or in connection with the leasing of Equipment, so long as Debtor is in compliance with Sections 10.10 and 10.11. herein.
SECURITY INTEREST AND OTHER ENCUMBRANCES. Create, incur, assume, or suffer to exist any mortgage, security, interest, lien, or other encumbrance upon any of its properties or assets, whether now owned or hereafter acquired, except (a) mortgages, security interests, liens, and encumbrances in favor of Lender, (b) those liens set forth on Schedule 6.4, (c) purchase money obligations, provided that such lien encumbers only the asset so purchased, and (d) leases entered into in the ordinary course of business.
SECURITY INTEREST AND OTHER ENCUMBRANCES. Create, incur, assume, or suffer to exist any mortgage, security interest, lien, or other encumbrance upon any of its properties or assets, whether now owned or hereafter acquired, whether personal or real property assets of Borrower, except the following (collectively, "Permitted Liens"): (i) liens in existence on the date hereof and identified on Schedule 8.3, (ii) security interests, liens and other encumbrances in specific equipment acquired from Caterpillar for the benefit of Caterpillar under the line of credit referenced in Section 8.2(a)(v) of this Agreement, (iii) purchase money liens relating to the acquisition of machinery and equipment of Borrower not exceeding the lesser of cost or fair market value thereof not exceeding $100,000 in the aggregate during any fiscal year, (iv) liens for taxes, assessments or other governmental charges which are not delinquent or which are being contested in good faith and for which adequate reserves have been established in accordance with GAAP, and (v) mortgages, security interests, liens and encumbrances in favor of Lender.
