Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 45 contracts
Sources: Loan and Security Agreement (On24 Inc), Loan and Security Agreement (Augmedix, Inc.), Loan and Security Agreement
Encumbrances. Create, incur, assume or allow suffer to exist any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant agree with any Person other than Bank not to any other Person that Borrower in the future will refrain from creatinggrant a security interest in, incurringor otherwise encumber, assuming or allowing any Lien with respect to any of Borrower’s its property, or permit any Subsidiary to do so.
Appears in 23 contracts
Sources: Loan and Security Agreement (Globant S.A.), Loan and Security Agreement (Singulex Inc), Loan and Security Agreement (Singulex Inc)
Encumbrances. Create, incur, assume or allow suffer to exist any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens. Agree with any Person other than Bank not to grant a security interest in, or covenant to any other Person that Borrower in the future will refrain from creatingotherwise encumber, incurring, assuming or allowing any Lien with respect to any of Borrower’s its property, or permit any Subsidiary to do so.
Appears in 20 contracts
Sources: Loan and Security Agreement (Scientific Learning Corp), Loan and Security Agreement (Bridgepoint Education Inc), Loan and Security Agreement (Hireright Inc)
Encumbrances. Create, incur, assume or allow suffer to exist any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant enter into any agreement with any Person other than Bank not to any other Person that Borrower in the future will refrain from creatinggrant a security interest in, incurringor otherwise encumber, assuming or allowing any Lien with respect to any of Borrower’s its property, or permit any Subsidiary to do so.
Appears in 19 contracts
Sources: Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX LTD)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s 's property.
Appears in 13 contracts
Sources: Loan and Security Agreement (Cas Medical Systems Inc), Loan and Security Agreement (Vitalstream Holdings Inc), Loan and Security Agreement (Source Energy Corp /Ut/)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 7 contracts
Sources: Loan and Security Agreement (Imperalis Holding Corp.), Loan and Security Agreement, Loan and Security Agreement (DPW Holdings, Inc.)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 6 contracts
Sources: Loan, Guaranty and Security Agreement (Cineverse Corp.), Loan and Security Agreement (Siebert Financial Corp), Loan, Guaranty and Security Agreement (Cinedigm Corp.)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower Borrowers in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s Borrowers’ property.
Appears in 3 contracts
Sources: Loan and Security Agreement (Limeade, Inc), Loan and Security Agreement (Everside Health Group, Inc.), Loan and Security Agreement (Jamdat Mobile Inc)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, including its Intellectual Property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property, including Borrower’s Intellectual Property.
Appears in 3 contracts
Sources: Loan and Security Agreement (Neophotonics Corp), Loan and Security Agreement (Nexsan Corp), Loan Agreement (Proxim Wireless Corp)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to agree with any other Person that Borrower in the future will to refrain from creating, incurring, assuming or allowing any Lien with respect to on any of Borrower’s property.
Appears in 3 contracts
Sources: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 2 contracts
Sources: Term Loan and Security Agreement (Blaze Energy Corp.), Term Loan and Security Agreement (Environmental Energy Services Inc)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower Borrowers, or any one of them, in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s Borrowers' property.
Appears in 2 contracts
Sources: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its propertyproperty (including any equity interests owned by it), or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, in each case, except for Permitted Liens, or covenant to any other Person that Borrower in the future it will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 2 contracts
Sources: Loan and Security Agreement (Cue Health Inc.), Loan and Security Agreement (Cue Health Inc.)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any AccountsAccounts (except in connection with the conversion, merger or consolidation of Borrower with or into a Permitted Successor Corporation), or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 2 contracts
Sources: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)
Encumbrances. Create, incur, assume assume, or allow any Lien with respect to any of its propertythe Collateral, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, income except for Permitted Liens, or covenant to any other Person that such Borrower in the future will refrain from creating, incurring, assuming assuming, or allowing any Lien with respect to any of Borrower’s propertythe Collateral.
Appears in 2 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Entrade Inc)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property's Intellectual Property.
Appears in 2 contracts
Sources: Loan and Security Agreement (Asyst Technologies Inc /Ca/), Loan and Security Agreement (Asyst Technologies Inc /Ca/)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, including without limitation its Intellectual Property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property, including without limitation its Intellectual Property.
Appears in 2 contracts
Sources: Loan Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Zonare Medical Systems Inc)
Encumbrances. Create, incur, assume or allow any Lien with respect to on any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to dodo so, except for Permitted Liens, or covenant permit any Collateral not to any other Person that Borrower in be subject to the future will refrain from creatingfirst priority security interest granted here, incurring, assuming or allowing any Lien with respect subject to any of Borrower’s propertyPermitted Liens.
Appears in 2 contracts
Sources: Loan and Security Agreement (Ecollege Com), Loan and Security Agreement (Webridge Inc)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.to
Appears in 2 contracts
Sources: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries or Guarantors so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to dodo so, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 1 contract
Sources: Loan and Security Agreement (GCT Semiconductor Inc)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertyproperty (other than as set forth in a security agreement with respect to a Person holding a Permitted Lien so long as any Liens of the Bank are permitted thereunder).
Appears in 1 contract
Sources: Loan and Security Agreement (Irvine Sensors Corp/De/)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its propertyassets, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that such Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of such Borrower’s propertyassets.
Appears in 1 contract
Sources: Secured Short Term Loan Agreement
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, including its intellectual property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property, including Borrower’s intellectual property.
Appears in 1 contract
Sources: Loan and Security Agreement (Biolase Technology Inc)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 1 contract
Sources: Loan and Security Agreement (Safeguard Scientifics Inc)
Encumbrances. Create, incur, assume or allow any Lien lien with respect to any of its propertyproperty or its equity interests, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant covenant, or permit any of its Subsidiaries to covenant, to any other Person that Borrower or such Subsidiary in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertyor such Subsidiary’s assets.
Appears in 1 contract
Sources: Term Note (Rubicon Financial Inc)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its personal property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property's Intellectual Property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property, except as is otherwise permitted in Sections 6.8(b) and 7.1 hereof and clause (c) of the definition of “Permitted Liens” herein.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower Borrowers in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s Borrowers' property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person (other than Bank) that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s 's property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, including, without limitation, the Intellectual Property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s 's property, including, without limitation, the Intellectual Property, except for Permitted Restrictions.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, including its Intellectual Property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property, including Borrower’s Intellectual Property.
Appears in 1 contract
Sources: Loan Agreement (Vystar Corp)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that such Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of such Borrower’s property.
Appears in 1 contract
Sources: Loan and Security Agreement (Interpace Biosciences, Inc.)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that such Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s Borrowers’ property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any AccountsAccounts (as defined in the Code), or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 1 contract
Sources: Loan Agreement (Diversa Corp)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Material Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertyCollateral, except in connection with any document or instrument governing Permitted Liens provided that any such restriction contained therein relates only to the asset or assets subject to such Permitted Liens.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its propertyCollateral, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertythe Collateral.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its propertythe Collateral, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, Accounts except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, in each case, except for Permitted Liens, or covenant to any other Person that Borrower in (other than (i) the future will refrain from creating, incurring, assuming or allowing any Lien licensors of in-licensed property with respect to any of Borrower’s property.to
Appears in 1 contract
Sources: Loan and Security Agreement (Allena Pharmaceuticals, Inc.)
Encumbrances. (a) Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or (b) covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertyproperty other than in connection with the New Financing as long as there is an express exception for Liens in favor of Bank.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertyproperty other than in connection with the Future Term Loan as long as there is an express exception for Liens in favor of Bank.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to dodo so, except for Permitted Liens, or covenant to any other Person that a Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of such Borrower’s property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, including, without limitation, the Intellectual Property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that such Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s Borrowers' property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertyproperty (including Borrower’s Intellectual Property).
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its propertythe Collateral, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertythe Collateral.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertyproperty except in connection with a Permitted Transfer or as otherwise permitted under Section 7.1.
Appears in 1 contract
Sources: Loan and Security Agreement (K2 Therapeutics, Inc.)
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that a Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s Borrowers’ property.
Appears in 1 contract
Encumbrances. Create, incur, assume or allow any Lien with respect to any of its property, property or assign or otherwise convey any right to receive income, including the sale of any Accounts, or permit any of its Subsidiaries so to do, except for Permitted Liens, or covenant to any other Person that Borrower in the future will refrain from creating, incurring, assuming or allowing any Lien with respect to any of Borrower’s propertyproperty other than Permitted Liens.
Appears in 1 contract
Sources: Loan and Security Agreement (Imageware Systems Inc)