Common use of Rights in Collateral; Priority of Liens Clause in Contracts

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 9 contracts

Sources: Credit Agreement (Ats Corp), Credit Agreement (Celadon Group Inc), Revolving Credit Agreement (Green Mountain Coffee Roasters Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Each Loan Party own owns the property granted by it as Collateral under the Collateral Loan Documents, free and clear of any and all Liens in favor of third partiesparties other than Permitted Liens. Upon the proper filing and registration (as applicable) of the UCC financing statements, and statements or the taking of the equivalent thereof in any other actions required by the Required Lenderscountry, the Liens in the Collateral granted to the Collateral Agent on behalf of the and for the benefit of the Secured Parties pursuant to the Collateral Loan Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of AgentCollateral, for subject only to the ratable benefit of Agent Pari Passu Intercreditor Agreement and LendersPermitted Liens.

Appears in 6 contracts

Sources: Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersLender, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and LendersLender.

Appears in 5 contracts

Sources: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Each Loan Party own owns the property granted by it as Collateral under the Collateral Loan Documents, free and clear of any and all Liens in favor of third partiesparties other than Permitted Liens. Upon the proper filing of the UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens in the Collateral granted to Lender pursuant to the Collateral Loan Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of AgentCollateral, for the ratable benefit of Agent and Lenderssubject only to Permitted Liens.

Appears in 4 contracts

Sources: Credit Agreement (Ipass Inc), Credit Agreement (Ipass Inc), Credit Agreement (Ipass Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesexcept Permitted Liens. Upon the proper filing of the Oil and Gas Mortgages and UCC financing statements, and the taking of the other actions required by the Required Majority Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, Agent for the ratable benefit of Agent and Lendersthe Secured Parties, subject to Permitted Liens.

Appears in 3 contracts

Sources: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon Except as otherwise provided in Schedule 5.19, upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 3 contracts

Sources: Credit Agreement (Flow International Corp), Credit Agreement (Flow International Corp), Credit Agreement (Flow International Corp)

Rights in Collateral; Priority of Liens. Borrower and each other Each Loan Party own owns the property granted by it as Collateral under the Collateral Loan Documents, free and clear of any and all Liens in favor of third partiesparties other than Permitted Liens. Upon the proper filing and registration (as applicable) of the UCC financing statements, and statements or the taking of the equivalent thereof in any other actions required by the Required Lenderscountry, the Liens in the Collateral granted to the Collateral Agent on behalf of the and for the benefit of the Secured Parties pursuant to the Collateral Loan Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of AgentCollateral, for the ratable benefit of Agent and Lenderssubject only to Permitted Liens.

Appears in 2 contracts

Sources: Credit Agreement (New Beginnings Acquisition Corp.), Reaffirmation Agreement and Omnibus Amendment Agreement (New Beginnings Acquisition Corp.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties other than Liens permitted pursuant to Section 7.10 of this Agreement. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Greenway Medical Technologies Inc), Credit Agreement (Greenway Medical Technologies Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties (other than Liens permitted by the Pledge Agreement). Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersLender (including the execution of control agreements governing investment or deposit accounts), the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and LendersLender.

Appears in 2 contracts

Sources: Credit Agreement (Gen Probe Inc), Credit Agreement (Gen Probe Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Each of the Loan Party own Parties owns the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesother than Permitted Liens. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of the Administrative Agent, for the ratable benefit of Agent and Lendersthe Secured Parties.

Appears in 2 contracts

Sources: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)

Rights in Collateral; Priority of Liens. Borrower Borrowers and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Sources: Credit Agreement (Summer Infant, Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties other than Liens permitted by Section 7.1. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Administrative Agent, for the ratable benefit of Administrative Agent and Lenders.

Appears in 1 contract

Sources: Credit Agreement (Micros Systems Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Each Loan Party own owns the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties other than Liens permitted by Section 7.01. Upon the proper filing of UCC financing statements, statements and the taking of the other actions required by the Required LendersLenders or the law, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable firstenforceable, Second Priority, prior and perfected Liens on the Collateral in favor of Administrative Agent, for the ratable benefit of Agent and Lendersthe Secured Parties.

Appears in 1 contract

Sources: Credit Agreement (Fuelcell Energy Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties except as disclosed in Schedule 7.01 and except as permitted herein. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersLender, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and LendersLender.

Appears in 1 contract

Sources: Credit Agreement (Planar Systems Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Each Loan Party own owns the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties, other than those specifically disclosed on Schedule 7.01. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersLender, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and LendersLender (subject to Permitted Liens).

Appears in 1 contract

Sources: Credit Agreement (Tasty Baking Co)

Rights in Collateral; Priority of Liens. Borrower Borrowers and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions contemplated by the Loan Documents or required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Administrative Agent, for the ratable benefit of Agent and Lendersthe Secured Parties.

Appears in 1 contract

Sources: Credit Agreement (Summer Infant, Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersBank, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and LendersBank.

Appears in 1 contract

Sources: Credit Agreement (Usana Health Sciences Inc)

Rights in Collateral; Priority of Liens. Each Borrower and each other Loan Party own owns the property granted by it as Collateral under the Collateral Documents, Documents free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, statements and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the and Collateral in favor of Agent, Agent for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Sources: Credit Agreement (Video Display Corp)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders, except for the registration of Agent’s Liens on any titled Equipment.

Appears in 1 contract

Sources: Credit Agreement (Celadon Group Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties except as set forth on Schedule 7.01. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Sources: Credit Agreement (SCB Computer Technology Inc)

Rights in Collateral; Priority of Liens. The Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral DocumentsSecurity Instruments, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statementsstatements and recordation of the Mortgage, and the taking of the other actions required by the Required LendersLender, the Liens granted pursuant to the Collateral Documents Security Instruments will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and LendersLender.

Appears in 1 contract

Sources: Loan Agreement (Solar Power, Inc.)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Each Credit Party own owns the property granted by it as Collateral under the Collateral Credit Documents, free and clear of any and all Liens in favor of third parties, except for Permitted Liens. Upon the proper filing of the UCC financing statements, and the taking of the other actions required by specified in the Required LendersClosing Document List, the Liens granted pursuant to the Collateral Credit Documents will constitute the valid and enforceable first, prior and perfected Liens on the Collateral Collateral, except, in favor the case of Agentpriorities, for the ratable benefit of Agent and LendersPermitted Liens.

Appears in 1 contract

Sources: Credit Agreement (Loehmanns Holdings Inc)

Rights in Collateral; Priority of Liens. The Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties (other than Liens permitted hereunder). Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Sources: Credit Agreement (Green Mountain Coffee Roasters Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties, other than Permitted Liens. Upon the proper filing of UCC financing statementsstatements in the proper locations, and the taking of the other actions required by the Required Lenders, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders, subject to Permitted Liens.

Appears in 1 contract

Sources: Credit Agreement (Gulfport Energy Corp)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties other than Liens expressly permitted by Section 7.01. Upon the proper filing of UCC financing statements, and the taking of the other actions required by the Required LendersUCC, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and Lenders.

Appears in 1 contract

Sources: Credit Agreement (Powerwave Technologies Inc)

Rights in Collateral; Priority of Liens. Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third partiesparties other than Liens permitted by Section 7.01. Upon the proper filing of UCC financing statements, statements and the taking of the other actions required by Lender or the Required Lenderslaw, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable enforceable, (subject to Liens arising by operation of law, incurred in the ordinary course of business) first, prior and perfected Liens on the Collateral in favor of Agent, for the ratable benefit of Agent and LendersLender.

Appears in 1 contract

Sources: Credit Agreement (Lydall Inc /De/)