Common use of Liens and Negative Pledges Clause in Contracts

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective Properties, or, except as permitted by Section 6.2, engage in any sale and leaseback transaction with respect to any of their respective Properties, whether now owned or hereafter acquired, EXCEPT: (a) Liens and Negative Pledges existing on the Closing Date and disclosed in SCHEDULE 4.7 and any renewals/extensions or amendments thereof, PROVIDED that the obligations secured or benefitted thereby are not increased; (b) Liens and Negative Pledges in favor of the Administrative Agent pursuant to the Collateral Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries that were in existence at the time of the acquisition of such Property and were not created in contemplation of such acquisition; (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, permitted by Section 6.10(d) on and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such Indebtedness; and (f) Non-consensual Liens securing Indebtedness of not more than $500,000, PROVIDED that such Liens are discharged within thirty (30) days after their incurrence by a Borrower.

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective Properties, or, except as permitted by Section 6.2, engage in any sale and leaseback transaction with respect to any of their respective Properties, whether now owned or hereafter acquired, EXCEPT:(a) Permitted Encumbrances; (ab) Liens and Negative Pledges under the Loan Documents; (c) Liens and Negative Pledges existing on the Closing Date and disclosed in SCHEDULE Schedule 4.7 and any renewals/extensions or amendments thereof, PROVIDED provided that the obligations secured or benefitted benefited thereby are not -------- increased; (b) Liens and Negative Pledges in favor of the Administrative Agent pursuant to the Collateral Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries after the Closing Date that were are in existence at the time of the such acquisition of such Property and were are not created in contemplation of such acquisition; (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, Indebtedness permitted by Section 6.10(d6.9(d) on and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such Indebtedness, provided that the -------- obligations secured or benefitted thereby are not increased; (f) any Lien or Negative Pledge created by an agreement or instrument entered into by Borrower or a Subsidiary of Borrower in the ordinary course of its business which consists of a restriction on the assignability, transfer or hypothecation of such agreement or instrument; and (fg) Non-consensual Liens securing Indebtedness of not more than $500,000to the extent that the same may be construed to be a Lien or Negative Pledge, PROVIDED that such Liens are discharged within thirty (30) days after their incurrence by a Borrowerthe Sublease.

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective Properties, or, except as permitted by Section 6.2, or engage in any sale and leaseback transaction with respect to any of their respective Properties, whether now owned or hereafter acquired, EXCEPTexcept: (a) Liens and Negative Pledges existing on the Closing Date and disclosed in SCHEDULE 4.7 Schedule 4.7A and any renewals/extensions or amendments thereof, PROVIDED provided that the obligations secured or benefitted benefited thereby are not increased; (b) Liens and Negative Pledges in favor of under the Administrative Agent pursuant to the Collateral Loan Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries Subsidiary that were in existence at the time of the acquisition of such Property and were not created in contemplation of such acquisition;acquisition provided that the aggregate amount of Indebtedness of Borrower and its subsidiaries secured by such liens shall not at any time exceed $250,000; and (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, Indebtedness permitted by Section 6.10(d) on and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such Indebtedness; and (f) Non-consensual Liens securing Indebtedness of not more than $500,000, PROVIDED that such Liens are discharged within thirty (30) days after their incurrence by a Borrower.

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective Properties, or, except as permitted by Section 6.2, or engage in any sale and leaseback transaction with respect to any of their respective Properties, whether now owned or hereafter acquired, EXCEPT: (a) Liens and Negative Pledges existing on the Closing Date and disclosed in SCHEDULE 4.7 and any renewals/extensions or amendments thereof, PROVIDED that the obligations secured or benefitted thereby are not increased; (b) Liens and Negative Pledges in favor of under the Administrative Agent pursuant to the Collateral Loan Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries that were in existence at the time of the acquisition of such Property and were not created in contemplation of such acquisition; (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, Indebtedness permitted by Section 6.10(d) on and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such Indebtedness; and (f) Non-consensual Liens securing Indebtedness of not more than $500,000, PROVIDED that such Liens are discharged within thirty (30) days after their incurrence by a Borrower.

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective its Properties, or, except as permitted by Section 6.2, or engage in any sale and leaseback transaction with respect to any of their respective its Properties, whether now owned or hereafter acquired, EXCEPT: (a) Permitted Encumbrances; (b) Liens and Negative Pledges under the Loan Documents; (c) Liens and Negative Pledges existing on the Closing Date and disclosed in SCHEDULE Schedule 4.7 and any renewals/extensions or amendments thereof, PROVIDED that the obligations secured or benefitted benefited thereby are not increased; (b) Liens and Negative Pledges in favor of the Administrative Agent pursuant to the Collateral Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries after the Closing Date that were are in existence at the time of the such acquisition of such Property and were are not created in contemplation of such acquisition; (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, Indebtedness permitted by Section 6.10(d6.9(d) on and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such Indebtedness, PROVIDED that the obligations secured or benefitted thereby are not increased; (f) any Lien or Negative Pledge created by an agreement or instrument entered into by Borrower or a Subsidiary of Borrower in the ordinary course of its business which consists of a restriction on the assignability, transfer or hypothecation of such agreement or instrument; and (fg) Non-consensual Liens securing Indebtedness of not more than $500,000to the extent that the same may be construed to be a Lien or Negative Pledge, PROVIDED that such Liens are discharged within thirty (30) days after their incurrence by a Borrowerthe Sublease.

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective Properties, or, except as permitted by Section 6.2, or engage in any sale and leaseback transaction with respect to any of their respective Properties, whether now owned or hereafter acquired, EXCEPTexcept: (a) Liens and Negative Pledges existing on the Closing Date and disclosed in SCHEDULE Schedule 4.7 and any renewals/extensions or amendments thereof, PROVIDED provided that the obligations secured or benefitted benefited thereby are not increased; (b) Liens and Negative Pledges in favor of under the Administrative Agent pursuant to the Collateral Loan Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries that were in existence at the time of the acquisition of such Property and were not created in contemplation of such acquisition; (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, Indebtedness permitted by Section 6.10(d) on and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such Indebtedness; and (f) Non-consensual Liens securing Indebtedness of not more than $500,000200,000, PROVIDED provided that such Liens are discharged within thirty (30) days after their incurrence by a Borrower.

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective Properties, or, except as permitted by Section 6.2, or engage in any sale and leaseback transaction with respect to any of their respective Properties, whether now owned or hereafter acquired, EXCEPTexcept: (a) Permitted Encumbrances; (b) Liens and Negative Pledges under the Loan Documents; (c) Liens and Negative Pledges existing on the Closing Amendment Effective Date and disclosed in SCHEDULE Schedule 4.7 and any renewals/extensions or amendments thereof, PROVIDED ; provided that the obligations secured or benefitted benefited thereby are not increased; (b) Liens and Negative Pledges in favor of the Administrative Agent pursuant to the Collateral Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries Borrowers that were in existence at the time of the acquisition of such Property and were not created in contemplation of such acquisitionacquisition and Negative Pledges limited to such Property; (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, Indebtedness permitted by Section 6.10(d6.7(d) on and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such IndebtednessIndebtedness and Negative Pledges limited to such capital assets; (f) Liens consisting of, or on assets owned by other Persons which are leased to any Borrower under, an operating lease excluded from the definition of Indebtedness and Negative Pledges limited to such assets; and (fg) Non-consensual Liens securing Indebtedness of not more than $500,000, PROVIDED that such Liens are discharged within thirty (30) days after their incurrence by a Borrowerany Permitted Sale/Leaseback.

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective Properties, or, except as permitted by Section 6.2, engage in any sale and leaseback transaction with respect to any of their respective Properties, whether now owned or hereafter acquired, EXCEPT:(a) Permitted Encumbrances; (ab) Liens and Negative Pledges under the Loan Documents; (c) Liens and Negative Pledges existing on the Closing Date and disclosed in SCHEDULE Schedule 4.7 and any renewals/extensions or amendments thereof, PROVIDED provided ------------ -------- that the obligations secured or benefitted benefited thereby are not increased; (b) Liens and Negative Pledges in favor of the Administrative Agent pursuant to the Collateral Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries that were in existence at the time of the acquisition of such Property and were not created in contemplation of such acquisition; (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, Indebtedness permitted by Section 6.10(dSections 6.9(d) and 6.9(e) on ------ ------ and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such Indebtedness, provided that the -------- obligations secured or benefitted thereby are not increased; and (f) Non-consensual Liens securing Indebtedness any Lien or Negative Pledge created by an agreement or instrument entered into by Borrower or a Subsidiary of not more than $500,000Borrower in the ordinary course of its business which consists of a restriction on the assignability, PROVIDED that transfer or hypothecation of such Liens are discharged within thirty (30) days after their incurrence by a Borroweragreement or instrument.

Liens and Negative Pledges. Create, incur, assume or suffer to exist any Lien or Negative Pledge of any nature upon or with respect to any of their respective Properties, or, except as permitted by Section 6.2, or engage in any sale and leaseback transaction with respect to any of their respective Properties, whether now owned or hereafter acquired, EXCEPTexcept: (a) Liens and Negative Pledges existing on the Closing Date and disclosed in SCHEDULE Schedule 4.7 and any renewals/extensions or amendments thereof, PROVIDED provided that the obligations secured or benefitted benefited thereby are not increased; (b) Liens and Negative Pledges in favor of under the Administrative Agent pursuant to the Collateral Loan Documents; (c) Permitted Encumbrances; (d) Liens on Property acquired by Borrower or any of its Subsidiaries that were in existence at the time of the acquisition of such Property and were not created in contemplation of such acquisition; (e) Liens securing Indebtedness, in an aggregate outstanding principal amount at any time of not more than $8,000,000, Indebtedness permitted by Section 6.10(d) on and limited to the capital assets acquired, constructed or financed with the proceeds of such Indebtedness or with the proceeds of any Indebtedness directly or indirectly refinanced by such Indebtedness; and (f) Non-consensual Liens securing Indebtedness of not more than $500,000, PROVIDED provided that such Liens are discharged within thirty (30) days after their incurrence by a Borrower.