Other Permitted Liens Sample Clauses

POPULAR SAMPLE Copied 1 times
Other Permitted Liens. Liens on property of Borrower or any Subsidiary created solely for the purpose of securing indebtedness permitted by Sections 6.11(d) or 6.11(e) representing or incurred to finance the purchase price of Property, provided that no such Lien shall extend to or cover other Property of Borrower or such Subsidiary other than the respective Property so acquired, and the principal amount of indebtedness secured by any such Lien shall at no time exceed the purchase price of such Property, as reduced by repayments of principal thereon; and
Other Permitted Liens. Collectively, (a) Liens for Taxes, assessments and governmental charges not yet due and payable or that are being contested in good faith by appropriate proceedings diligently conducted, and for which reserves in accordance with GAAP or otherwise reasonably acceptable to Agent have been provided, or Liens imposed by mandatory provisions of law such as for materialmen’s, mechanics’, warehousemen’s and other similar Liens arising in the ordinary course of business, securing payment of any liability whose payment is not yet due, and (b) Liens filed by mechanics and materialmen which have been bonded in accordance with statutory lien bonding procedures or which are being diligently contested in good faith, for which appropriate reserves have been established on the books of the Borrower or the Unencumbered Property Subsidiary as required by GAAP.
Other Permitted Liens. Each of the following Liens, in each case only to the extent such Lien is not otherwise a Permitted Lien under I-III above and is subject and subordinate to the lien of this Deed to Secure Debt: A. other liens subordinate to the first-priority liens in favor of the Secured Parties hereunder and subject to an intercreditor agreement in form and substance satisfactory to DOE; B. easements, leases, restrictions, covenants, rights-of-way, exceptions, reservations or other rights burdening the Secured Property for streets, roads, bridges, pipes, pipe lines, railroads, spur lines, towers, poles, wires, conduits, mains, metering stations, electric, electronic, optical, or other power or signal transmission and distribution lines, telecommunications and telephone lines, flood rights, river control and development rights, sewage and drainage rights, to the extent that such easements, leases, restrictions, covenants, rights-of-way, exceptions, reservations and other rights do not in the aggregate materially impair the ability of any Person to construct or operate the Project or the use of the Secured Property taken as a whole for the purposes for which it is held by the Grantor; Deed to Secure Debt C. liens upon lands encumbered by easements, licenses or rights-of-way beneficial to the Grantor for any of the purposes specified in paragraph IV.B. of this definition, securing indebtedness neither created, assumed nor guaranteed by the Grantor nor on account of which it customarily pays interest, to the extent such liens do not in the aggregate materially impair the use of the Secured Property taken as a whole for the purposes for which it is held by the Grantor; D. rights reserved to or vested in others to take or receive any part of any timber, coal, ore, gas (natural or otherwise), oil or other minerals on the property of the Grantor in the Secured Property, to the extent such rights or the exercise thereof do not in the aggregate materially impair the ability of any Person to construct or operate the Project or the use of the Secured Property taken as a whole for the purposes for which it is held by the Grantor; E. slope and drainage reservations; and F. liens which have been bonded for the full amount of the obligations secured by such lien in accordance with all applicable Governmental Rules or for the payment of which adequate security arrangements have been made in the discretion of DOE.
Other Permitted Liens. (See Section 7.1) of Agreement) None
Other Permitted Liens. (Clause (ix) of Permitted Liens): Lien in favor of General Electric Capital Auto Financial Services, Inc. on all of Borrower's right, title and interest in all computer software, programs and information that consist of a modification, upgrade, enhancement, change, repair or improvement of or to the computer software licensed by such secured party to Borrower pursuant to that certain Software License, dated August 18, 2000 between Borrower and such secured party, and all proceeds thereof. Borrower: Silicon: THE COBALT GROUP, INC. SILICON VALLEY BANK By /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ President or Vice President By /s/ ▇▇▇ ▇▇▇▇▇▇▇▇ Title By /s/ ▇▇▇ ▇. ▇▇▇▇▇ Secretary or Ass't Secretary Borrower: PARTSVOICE, LLC By: THE COBALT GROUP, INC. Its: Manager By /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ President or Vice President By /s/ ▇▇▇ ▇. ▇▇▇▇▇ Secretary or Ass't Secretary Borrower: INTEGRALINK CORPORATION By /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ President or Vice President By /s/ ▇▇▇ ▇. ▇▇▇▇▇ I, the undersigned, Secretary or Assistant Secretary of the above-named borrower, a corporation organized under the laws of the state set forth above, do hereby certify that the following is a full, true and correct copy of resolutions duly and regularly adopted by the Board of Directors of said corporation as required by law, and by the by-laws of said corporation, and that said resolutions are still in full force and effect and have not been in any way modified, repealed, rescinded, amended or revoked. RESOLVED, that this corporation borrow from Silicon, from time to time, such sum or sums of money as, in the judgment of the officer or officers hereinafter authorized hereby, this corporation may require; RESOLVED, that any officer of this corporation be, and he or she is hereby authorized, directed and empowered, in the name of this corporation, to execute and deliver to Silicon, and Silicon is requested to accept, the loan agreements, security agreements, notes, financing statements, and other documents and instruments providing for such loans and evidencing and/or securing such loans, with interest thereon, and said authorized officers are authorized from time to time to execute renewals, extensions and/or amendments of said loan agreements, security agreements, and other documents and instruments; RESOLVED, that said authorized officers be and they are hereby authorized, directed and empowered, as security for any and all indebtedness of this corporation to Silicon, whether arising pursuant to this resolution or othe...
Other Permitted Liens. 1. Parent has a security interest in the assets of Borrower and Hoku Materials pursuant to Security Agreement, dated January 19, 2010 relating to a loan of approximately $50 million principal amount from Parent to Borrower and for which China Construction Bank Corporation Shuangliu Sub-Branch is acting as the agent. Parent filed a UCC-1 financing statement with the U.C.C. Filing Section of the Delaware Department of State and recorded a deed of trust in connection with this security interest. 2. Parent has a security interest in the assets of Borrower and Hoku Materials pursuant to a letter agreement, dated as of February 24, 2012, relating to reimbursement obligations of Borrower to Parent for its costs and obligations relating to a letter of credit issued in connection with the Credit Agreement, dated as of February 24, 2012, between Borrower and Lender. Parent filed UCC-1 financing statements with the U.C.C. Filing Section of the Delaware Department of State and the recorder’s office of Bannock County, Idaho, in connection with this security interest. 3. Parent will receive a security interest in the assets of Borrower and Hoku Materials as security for the obligations of Borrower and Hoku Materials to reimburse Parent for its costs and obligations arising from (i) the procurement of the Letter of Credit or any draw against the Letter of Credit and (ii) the procurement of the letter of credit (the “Replacement Letter of Credit”) to be issued to Lender pursuant to the Credit Agreement, dated as of May 24, 2010, between Borrower and Lender, as amended by that certain Amendment No. 1 to Credit Agreement dated on or about the date hereof, or any draw against the Replacement Letter of Credit. 4. Trane US, Inc. filed a UCC-1 financing statement on certain assets of Hoku Materials with the Idaho Secretary of State. 5. Federal Equipment Company filed a UCC-1 financing statement on certain assets of Borrower with the Bureau of Conveyances in the State of Hawaii. 6. Liens for taxes, fees, assessments or other governmental charges or levies, either not delinquent or being contested in good faith by appropriate proceedings (provided that if matters are being contested in good faith that adequate reserves with respect thereto are maintained on the books of Borrower). 7. Leases or subleases and licenses or sublicenses granted to others in the ordinary course of Borrower’s business if such do not interfere in any material respect with the business of Borrower. 8. Lien...

Related to Other Permitted Liens

  • Permitted Liens Create, incur, assume or suffer to exist any Lien upon or with respect to any of its Property, whether now owned or hereafter acquired, file or authorize the filing under the Uniform Commercial Code or any Requirement of Law of any jurisdiction, a financing statement (or the equivalent thereof) that names it or any of its Subsidiaries as debtor; sign any security agreement authorizing any secured party thereunder to file such financing statement (or the equivalent thereof) other than, as to all of the above, the following (collectively, "Permitted Liens"): (a) Liens in favor of Agent; (b) Liens securing Debt that is permitted under Section 9.2.1(c); (c) Liens for Taxes not yet due or being Properly Contested; (d) statutory Liens (other than Liens for Taxes or imposed under ERISA) arising in the Ordinary Course of Business, but only if (i) payment of the obligations secured thereby is not yet due or is being Properly Contested, and (ii) such Liens do not materially impair the value or use of the Property or materially impair operation of the business of Borrowers or their Subsidiaries; (e) Liens incurred or deposits made in the Ordinary Course of Business to secure the performance of government tenders, bids, contracts, statutory obligations and other similar obligations, as long as such Liens are at all times junior to Agent's Liens and are required or provided by law; (f) Liens arising in the Ordinary Course of Business that are subject to Lien Waivers; (g) Liens arising by virtue of a judgment or judicial order against Borrowers or their Subsidiaries, or any Property of Borrowers or their Subsidiaries, as long as such Liens are (i) in existence for less than 20 consecutive days or being Properly Contested, and (ii) at all times junior to Agent's Liens; (h) easements, rights-of-way, restrictions, covenants or other agreements of record, and other similar charges or encumbrances on Real Estate, that do not secure any monetary obligation and do not interfere with the Ordinary Course of Business; (i) normal and customary rights of setoff upon deposits in favor of depository institutions, and Liens of a collecting bank on Payment Items in the course of collection; and (j) carriers', warehousemen's, landlord's, mechanics, materialmen's, repairmen's or other like Liens arising in the Ordinary Course of Business that secure obligations that are not overdue for a period of more than 30 days or are being Properly Contested; (k) Liens securing the Debt that is permitted under Section 9.2.1(f); provided that such Liens are at all times subject to the terms of the Intercreditor Agreement; (l) Liens in favor of customs and revenue authorities arising as a matter of law which secure payment of customs duties in connection with the importation of goods, but only to the extent such Liens secure amounts not yet due; (m) existing Liens shown on Schedule 9.2.2 and replacement Liens on the property subject to such Liens, but only to the extent that the amount of debt secured thereby, and the property secured thereby, shall not be increased; and (n) Liens in favor of Borrower in respect of its consignment interests encumbering its Consigned Inventory (as defined in the Revolver Loan Agreement).

  • Liens Each Borrower shall not, and shall not permit any of its Subsidiaries to, create, assume, incur, or permit to exist any Lien upon any of its property (including Hydrocarbon Interests, accounts receivable and Equity Interests in Subsidiaries or other Persons), whether now owned or hereafter acquired, except: (a) Liens securing payment of the Obligations; (b) purchase money Liens securing Indebtedness of the type permitted under Section 8.1(b) incurred to finance the acquisition of specific fixed assets or equipment; provided that (i) such Lien is created within sixty (60) days of the incurrence of such Indebtedness, (ii) the principal amount of the Indebtedness secured thereby does not exceed the lesser of the cost or the fair market value of such fixed assets or equipment, (iii) such Lien encumbers only the fixed assets or equipment that are financed by such Indebtedness and does not attach to any other assets of such Borrower or any of its Subsidiaries and (iv) the amount of Indebtedness secured thereby is not increased; (c) Liens for taxes, assessments or other governmental charges or levies not at the time delinquent (provided that no foreclosure, sale or other enforcement proceedings in respect thereof have been initiated) or that are being diligently contested in good faith by appropriate proceedings and for which adequate reserves in accordance with GAAP shall have been set aside; (d) carrier’s, warehousemen’s, mechanics’, materialmen’s, repairmen’s, landlords’ or other similar Liens arising by operation of law in the ordinary course of business in respect of obligations that are not yet due or that are being diligently contested in good faith by appropriate proceedings and for which adequate reserves in accordance with GAAP shall have been set aside; (e) Liens in favor of operators and non-operators under joint operating agreements arising in the ordinary course of business to secure amounts owing by such Borrower or any of its Subsidiaries that are not yet due or that are being diligently contested in good faith by appropriate proceedings and for which adequate reserves in accordance with GAAP shall have been set aside; (f) obligations of such Borrower or any of its Subsidiaries in respect of royalty payments, overriding royalty payments, net profit interests, production payments, reversionary interests, calls on production, preferential purchase rights and other deductions from the proceeds of Hydrocarbon production, that do not secure Indebtedness for borrowed money and that are taken into account in computing the net revenue interests and working interests of such Borrower or any of its Subsidiaries warranted in the Security Documents; (g) Liens created by, or arising under any Applicable Law (in contrast with Liens voluntarily granted) in the ordinary course of business of such Borrower or any of its Subsidiaries in connection with workers’ compensation, unemployment insurance, employers’ health tax or other social security or statutory obligations that secure amounts that are not yet due or that are being diligently contested in good faith by appropriate proceedings and for which adequate reserves in accordance with GAAP shall have been set aside; (h) Liens arising under operating agreements, unitization and pooling agreements and orders, farm-out agreements, gas balancing agreements and other related agreements, in each case that are customary in the oil, gas and mineral production business and that are entered into by such Borrower or any of its Subsidiaries in the ordinary course of business that are taken into account in computing the net revenue interests and working interests of such Borrower or any of its Subsidiaries warranted in the Security Documents, to the extent that any such Lien does not materially detract from the value of the property encumbered by such Lien or materially impair the use thereof in the operation of the business of such Borrower or any of its Subsidiaries; (i) Liens arising pursuant to deposits to secure the performance of bids, trade contracts, Hydrocarbon Licenses, or performance bonds and other obligations of a like nature incurred in the ordinary course of business of such Borrower or any of its Subsidiaries; (j) bankers’ Liens, rights of setoff and other similar Liens existing solely with respect to cash and temporary investments on deposit in one or more accounts maintained by such Borrower or any of its Subsidiaries (other than the Collection Accounts), in each case granted in the ordinary course of business in favor of the bank or financial institution with which such accounts are maintained, securing amounts owing to such bank or financial institution with respect to cash management and operating account arrangements; provided that in no case shall any such Liens secure (either directly or indirectly) the repayment of any Indebtedness; (k) judgment Liens in existence for less than forty-five (45) days after the entry thereof or with respect to which execution has been stayed or the payment of which is covered in full (subject to a customary deductible) by insurance maintained with responsible insurance companies and that do not otherwise result in an Event of Default under Section 9.1(g); (l) easements, rights-of-way, zoning restrictions and other similar encumbrances, and minor defects in the chain of title that are customarily accepted in the oil and gas financing industry, none of which materially detracts from the value of the property encumbered thereby or materially impairs the use thereof in the operation of the business of such Borrower or any of its Subsidiaries; (m) Liens, if any, granted in favor of the LC Issuer to cash collateralize or otherwise secure the obligations of an LC Participant that is a Delinquent Lender to fund risk participations hereunder; and (n) Liens specified in Item 8.2 of the Disclosure Schedule.