Xxxx Priority. Bank fails to have an enforceable first Lien position (except for any Permitted Liens or prior Liens to which Bank has consented in writing) on the Collateral.
Xxxx Priority. The security interest granted hereby shall at all times be a valid and perfected first priority security interest, subject to the terms of any intercreditor agreement executed by Lxxxxx, enforceable against Debtor and all third parties, securing the Obligations. Debtor shall not permit any financing statement or other instruments similar in effect covering all or any part of the Collateral to be filed or recorded unless subject to an intercreditor agreement or subordination agreement executed by Lender, without the prior written consent of Lender. Without limiting the foregoing, Debtor shall not enter into any merchant cash advance loans or any other agreements or loans wherein Debtor sells or assigns its accounts or future cash.
Xxxx Priority. The security interest granted hereby shall at all times be a valid and perfected first priority security interest, subject only Permitted Encumbrances, if any, set forth in the Schedule, enforceable against Borrower and all third parties. Borrower shall not permit any financing statement or other instruments similar in effect covering all or any part of the Collateral to be filed or recorded, other than with respect to Permitted Encumbrances, without the prior written consent of Lender. Without limiting the foregoing, Borrower shall not obtain a merchant cash advance loan or any other arrangement wherein Borrower sells or assigns its accounts or future cash.
Xxxx Priority. The Bank fails to have an enforceable first lien (except for any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Line or Loan.
Xxxx Priority. Lender fails to have a legal, valid, binding and enforceable first priority Lien on any Project or any Personal Property.
Xxxx Priority. Bank fails to have an enforceable first lien ------------- position (except for any prior liens to which Bank has consented in writing) on or security interest in the Collateral that would materially impair Bank's overall security interest provided such failure is not due to the documents prepared by Bank or filings made by Bank.
Xxxx Priority. Lender fails to have a legal, valid binding and enforceable first priority Lien on the Improvements and the Personal Property subject only to Permitted Liens.
Xxxx Priority. Xxxxx has not and shall not entered into or grant any security agreement, or permit the filing or attachment of any security interest on or affecting the Property, directly or indirectly, securing repayment of Xxxxx’ Loan and Note, that would be prior or that may in any way be superior to HLC’s deed of trust in the Property.
Xxxx Priority. Lender fails to have a legal, valid, binding, and enforceable first priority Lien on the Collateral.
Xxxx Priority. The security interest granted hereby shall at all times be a valid and perfected first priority security interest enforceable against Co-Borrowers and all third parties, securing the Obligations. Co-Borrowers shall not permit any financing statement or other instruments similar in effect covering all or any part of the Collateral to be filed or recorded without the prior written consent of Lender. Without limiting the foregoing, Co-Borrowers shall not enter into any merchant cash advance loans or any other agreements or loans wherein Co-Borrowers sells or assigns its accounts or future cash.
