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 its respective Property or any Collateral or engage in any sale and leaseback transaction with respect to any of its respective Property or any Collateral, whether now owned or hereafter acquired, except: 7.9.1 Liens and Negative Pledges under the Loan Documents and as permitted in Section 7.18; 7.9.2 Permitted Liens; or 7.9.3 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; or 7.9.4 Liens securing (i) purchase money Indebtedness permitted by Section 7.10.8 and (ii) Indebtedness that directly or indirectly refinances purchase money Indebtedness referred to in clause (i) and that is otherwise permitted by Section 7.10, solely to the extent such Liens are on and limited to the capital assets acquired, constructed or financed with the proceeds of the Indebtedness referred to in clause (i); or 7.9.5 Sale and leaseback transactions with respect to Engines or Equipment not included in the Borrowing Base.

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 its respective Property or any Collateral or engage in any sale and leaseback transaction with respect to any of its respective Property or any Collateral, whether now owned or hereafter acquired, except: 7.9.1 Liens and Negative Pledges under the Loan Documents and as permitted in Section 7.18; 7.9.2 Permitted Liens; or 7.9.3 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; or 7.9.4 Liens securing (i) purchase money Indebtedness permitted by Section 7.10.8 7.10.4 and (ii) Indebtedness that directly or indirectly refinances purchase money Indebtedness referred to in clause (i) and that is otherwise permitted by Section 7.10, solely to the extent such Liens are on and limited to the capital assets acquired, constructed or financed with the proceeds of the Indebtedness referred to in clause (i); or 7.9.5 Sale and leaseback transactions with respect to Engines or Equipment not included in the Borrowing Base; or 7.9.6 Liens securing the NordLB loan in an amount up to $*** which do not encumber any of the Collateral.