Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title), to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 7 contracts
Samples: Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (CRAWFORD UNITED Corp)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 3 contracts
Samples: Credit Agreement (Mam Software Group, Inc.), Credit Agreement (Arotech Corp), Credit Agreement (Mam Software Group, Inc.)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all of the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted EncumbrancesLiens permitted by Section 6.02, to the extent any such Permitted Encumbrances Lien would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 2 contracts
Samples: Revolving Loan Credit Agreement (Servicesource International, Inc.), Credit Agreement
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all of the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Skyline Corp), Credit Agreement (Par Technology Corp)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Collateral Documents create legal and valid Liens on all the Collateral in favor of the LenderCollateral Agent, for the benefit of the holders of Note Obligations and the other holders of the Secured PartiesObligations, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Note Obligations and the other Secured Obligations, enforceable against the applicable Loan Domestic Note Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted EncumbrancesExisting Liens, to the extent any such Permitted Encumbrances Existing Liens would have priority over the Liens in favor of the Lender Collateral Agent pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender Collateral Agent has not obtained or does not maintain possession of such Collateral.”
Appears in 2 contracts
Samples: Note Purchase Agreement (Schawk Inc), First Amendment (Schawk Inc)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third partiesParty, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law law, and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 2 contracts
Samples: Loan Agreement (Wanxiang Group Corp), Loan Agreement (A123 Systems, Inc.)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the LenderCollateral Agent, for the benefit of the Holders of Secured PartiesObligations, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Domestic Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted EncumbrancesExisting Liens, to the extent any such Permitted Encumbrances Existing Liens would have priority over the Liens in favor of the Lender Collateral Agent pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender Collateral Agent has not obtained or does not maintain possession of such Collateral.
Appears in 2 contracts
Samples: Credit Agreement (Schawk Inc), Credit Agreement (Schawk Inc)
Security Interest in Collateral. The provisions of this Agreement and the other applicable Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected (to the extent perfection is required under the applicable Loan Documents) and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted EncumbrancesLiens permitted by Section 6.02, to the extent any such Permitted Encumbrances Liens would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title)) or control, to the extent the Lender has not obtained or does not maintain possession or control of such Collateral.. SECTION 3.18
Appears in 2 contracts
Samples: Credit Agreement (Harmonic Inc), Credit Agreement (Harmonic Inc)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 2 contracts
Samples: Joinder Agreement (Macquarie CNL Global Income Trust, Inc.), Credit Agreement (Supreme Industries Inc)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Credit Documents create legal legal, valid and valid enforceable Liens on all the Collateral in favor of the LenderCollateral Agent, for the benefit of the Collateral Agent and the Secured Parties, and such Liens constitute perfected and continuing First Priority Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Credit Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted EncumbrancesLiens, to the extent any such Permitted Encumbrances Liens would have priority over the Liens in favor of the Lender Collateral Agent pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender Collateral Agent has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Proliance International, Inc.)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid perfected Liens on all the Collateral in favor of the LenderCollateral Agent, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted EncumbrancesLiens, to the extent any such Permitted Encumbrances Liens would have priority over the Liens in favor of the Lender Administrative Agent pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender Collateral Agent has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third partiesparties in accordance with applicable law, and having priority over all other Liens on the Collateral except in the case of (a) Permitted EncumbrancesLiens, to the extent any such Permitted Encumbrances Liens would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Security Interest in Collateral. The provisions of this Agreement and, subject to any filings, stampings and registrations necessary to create and/or perfect the Lien granted by the other Loan Documents, the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted EncumbrancesLiens, to the extent any such Permitted Encumbrances Liens would have priority over the Liens in favor of the Lender pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Samples: Credit Agreement (Magnetek Inc)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party Borrower and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such CollateralCollateral and such possession cannot be obtained or restored upon Lender’s request.
Appears in 1 contract
Samples: Credit Agreement (Koss Corp)
Security Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the LenderCollateral Agent, for the benefit of the Secured PartiesAgents and the Lenders, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral Collateral, but in the case of Liens securing the obligations outstanding under the Existing Credit Agreement, subject to the Intercreditor Agreement, except in the case of (a) Permitted EncumbrancesLiens, to the extent any such Permitted Encumbrances Liens would have priority over the Liens in favor of the Lender Collateral Agent pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender Collateral Agent has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Security Interest in Collateral. The provisions of the Existing Credit Agreement, this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Lender, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Lender pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title), ) to the extent the Lender has not obtained or does not maintain possession of such Collateral.
Appears in 1 contract
Samples: Loan and Security Agreement (Smith & Wesson Holding Corp)