Common use of Collateral Access Agreements; Further Assurances Clause in Contracts

Collateral Access Agreements; Further Assurances. (a) Upon Agent’s request, deliver or cause to be delivered to Agent a Collateral Access Agreement with respect to (i) any location leased or owned by any Loan Party or any of their Subsidiaries or at which any Collateral or books or records relating to Collateral are located, in each case, within the Commonwealth of Australia or the United States of America, and (ii) if the fair market value of the Collateral located at such location equals or exceeds $500,000, or if a Default or Event of Default has occurred and is continuing, any location leased or owned by any Loan Party or any of their Subsidiaries or at which any Collateral or books or records relating to Collateral are located, in each case, outside of the Commonwealth of Australia and the United States of America. (b) Take, and cause each other Loan Party to take, such actions as are necessary or as Agent or the Required Lenders may reasonably request from time to time to ensure that the Obligations of each Borrower and each other Loan Party under the Loan Documents are secured by a first priority, perfected Lien in favor of Agent on all of the assets of each Borrower and each other Loan Party (including, without limitation, on all Equity Interests owned by each Loan Party, and, promptly upon the acquisition or creation thereof, on all assets of any Subsidiary of any Loan Party acquired or created after the Closing Date) and guaranteed by all of the Subsidiaries of each Loan Party, other than the Terminating Entities (including, promptly upon the acquisition or creation thereof, any Subsidiary of any Loan Party acquired or created after the Closing Date), in each case including (i) the execution and delivery of guaranties, security agreements, pledge agreements, mortgages, deeds of trust, financing statements and other documents, and the filing or recording of any of the foregoing (including any of the foregoing necessary to create or perfect a lien under the laws of any jurisdiction in which any Loan Party is organized or formed or any Collateral is located), and (ii) the delivery of certificated securities (if any) and other Collateral with respect to which perfection is obtained by possession.

Collateral Access Agreements; Further Assurances. (a) Upon Agent’s request, deliver or cause to be delivered to Agent a Collateral Access Agreement with respect to (i) any location leased or owned by any Loan Party or any of their Subsidiaries or at which any Collateral or books or records relating to Collateral are located, in each case, within the Commonwealth of Australia or the United States of America, and (ii) if the fair market value of the Collateral located at such location equals or exceeds $500,000***, or if a Default or Event of Default has occurred and is continuing, any location leased or owned by any Loan Party or any of their Subsidiaries or at which any Collateral or books or records relating to Collateral are located, in each case, outside of the Commonwealth of Australia and the United States of America. (b) Take, and cause each other Loan Party to take, such actions as are necessary or as Agent or the Required Lenders may reasonably request from time to time to ensure that the Obligations of each Borrower and each other Loan Party under the Loan Documents are secured by a first priority, perfected Lien in favor of Agent on all of the assets of each Borrower and each other Loan Party (including, without limitation, on all Equity Interests owned by each Loan Party, and, promptly upon the acquisition or creation thereof, on all assets of any Subsidiary of any Loan Party acquired or created after the Closing Date) and guaranteed by all of the Subsidiaries of each Loan Party, other than the Terminating Entities (including, promptly upon the acquisition or creation thereof, any Subsidiary of any Loan Party acquired or created after the Closing Date), in each case including (i) the execution and delivery of guaranties, security agreements, pledge agreements, mortgages, deeds of trust, financing statements and other documents, and the filing or recording of any of the foregoing (including any of the foregoing necessary to create or perfect a lien under the laws of any jurisdiction in which any Loan Party is organized or formed or any Collateral is located), and (ii) the delivery of certificated securities (if any) and other Collateral with respect to which perfection is obtained by possession.