Common use of Collateral Identification, Special Collateral Clause in Contracts

Collateral Identification, Special Collateral. (a) Schedule 5.2 sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting Collateral, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities Account, (4) Deposit Accounts other than any Excluded Deposit Account, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Office, (8) Commercial Tort Claims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregate, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which constituting Intellectual Property material to such Grantor is the licensee and which have been recorded in the United States Copyright Office(other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort Claims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregateClaims, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregatecredit, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the Collateral consists of motor vehicles or other Goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Office, (8) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 1,000,000 in the aggregate, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 individually or all Letters of Credit Rights worth less than $2,500,000 1,000,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any InventoryInventory (excepting the Collateral Agent acting as Collateral Agent under the First Lien Security Agreement), Equipment and other tangible personal propertyproperty other than any Inventory, Equipment or other tangible personal property having a value less than $1,000,000 individually or $1,000,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Credit Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which constituting Intellectual Property material to such Grantor is the licensee and which have been recorded in the United States Copyright Office(other than licenses of commercially available software available on nondiscriminatory terms), (8) Commercial Tort Claims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregateClaims, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregatecredit, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property, and (11) Assigned Agreements; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the Collateral consists of motor vehicles or other Goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor other than Gaming Licenses.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting Collateral(other than Equity Interests held by any Grantor in any Dormant Subsidiary), (2) all Equity Interests held by a Grantor (that would otherwise constitute a Pledged DebtEquity Interest) to the extent it secures or is the subject of a negative pledge to support Non-Recourse Indebtedness of the Borrower or any other Grantor is set forth under the heading “Excluded Equity Interests,” (3) Pledged Debt (other than mortgage loans or consumer loans owned by any Grantor in the ordinary course of business), (34) Securities Accounts other than any Excluded Securities AccountAccounts holding assets with a market value of less than $500,000 individually or $1,000,000 in the aggregate, (45) Deposit Accounts other than any Excluded Deposit AccountAccounts holding less than $500,000 individually or $1,000,000 in the aggregate, (56) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material 8) all Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeconstituting Material Intellectual Property, (8) 9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 individually or $2,500,000 in the aggregate, and (910) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $500,000, individually or $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of Parent, the Company or any other Grantor, (3) Securities Accounts Pledged Debt (other than mortgage loans or consumer loans owned by any Excluded Securities AccountGrantor in the ordinary course of business), (4) Deposit Securities Accounts included in the Collateral other than any Excluded Deposit AccountSecurities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (5) Deposit Accounts included in the Collateral other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material 8) all Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeconstituting Material Intellectual Property, (8) 9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 individually or $2,500,000 in the aggregate, and (910) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $500,000, individually or $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) not more than 10% of the value of all personal property included in the Collateral (other than the Equity Interests of Foreign Subsidiaries of the Parent) is located in any country other than the United States.

Collateral Identification, Special Collateral. (a) As of the Closing Date and as of the date of each Security Agreement Supplement delivered pursuant to this Agreement, Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralEquity, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each such Grantor, (7) Material material Patent Licenses, Material material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive material Copyright Licenses in respect of U.S. copyright registrations (except for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeany off-the-shelf software), (8) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $1,000,000 750,000 individually or $2,500,000 1,000,000 in the aggregate, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 100,000 individually or all Letters of Credit Rights worth less than $2,500,000 100,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty other than any Inventory, Equipment or other tangible personal property having a value less than $100,000 individually or $100,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on the date of each making of a Loan and each issuance of a Letter of Credit following the Closing Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) no Excluded Property, other than the equity interests described in Sections 2.2(b) and 2.2(d), is material to the business of such Grantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts holding assets with a market value of less than $250,000 individually or $1,000,000 in the aggregate, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts holding less than $250,000 individually or $1,000,000 in the aggregate, (5) Commodity Contracts and Commodity Accounts, (6) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material all material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Office, (8) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $250,000 individually and $1,000,000 individually or $2,500,000 in the aggregate, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $250,000 individually or $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, aggregate and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty other than any Inventory, Equipment or other tangible personal property having a value less than $500,000 individually or $1,000,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Credit Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied in writing by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States (solely for purposes of this clause (d), it being understood that Pledged Equity Interests and Pledged Debt issued by Subsidiaries formed under the laws of a jurisdiction outside the United States shall not be deemed to be Collateral located outside the United States); and (e) no Excluded Asset is material to the business of such Grantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such the Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of the Grantor, (3) Securities Accounts Pledged Debt (other than any Excluded Securities Accountmortgage loans or consumer loans owned by the Grantor in the ordinary course of business), (4) Deposit Se- curities Accounts included in the Collateral other than any Excluded Deposit AccountSecurities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (5) Deposit Accounts included in the Collateral other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantorthe Gran- tor, (7) Material 8) all Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeconstituting Material Intellectual Property, (8) 9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 individually or $2,500,000 in the aggregate, and (910) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $500,000 individually or $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) . The Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertySubsequent Issue Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any the Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) not more than 10% of the value of all personal property included in the Collateral (other than the Equity Interests of Foreign Subsidiaries of the Grantor) is located in any country other than the United States.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting Collateral, (2i) Pledged Debt, (3ii) Securities Accounts other than any Excluded Securities AccountAccounts, (4iii) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5iv) Commodity Contracts and Commodity Accounts, (6v) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each such Grantor, (7vi) all Material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Office, (8) vii) Commercial Tort Claims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregateClaims, (9viii) Letter of Letter-of-Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregatecredit, and (10ix) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property;. (b) none None of the Collateral constitutes, or is the Proceeds of, (1i) Farm Products, (2ii) As-Extracted Collateral, (3iii) Manufactured Homes, (4iv) Health-Care-Insurance Receivables; (5v) timber to be cut, cut or (6vi) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. (c) all All information supplied by any such Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects. (d) Not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time with notice to, but without any action by or consent required from, the Notes Collateral Trustee) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities Account, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeconstituting Material Intellectual Property, (8) Commercial Tort Claims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregateClaims, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregatecredit, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset is material to the business of such Grantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each GrantorGrantor (other than Intellectual Property registrations and applications owned by any Grantor that are either (A) expired or lapsed, (B) abandoned, or (C) Intellectual Property registrations or applications that such Grantor has instructed its applicable advisor, including in-house counsel, to abandon or allow to lapse), (7) Material material Copyright Licenses, Patent Licenses, Material Trademark Licenses, Material Licenses and Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for to which such any Grantor is the licensee a party, but excluding computer software licenses and which have been recorded in the United States Copyright Officeconfidentiality/non-disclosure agreements, (8) Commercial Tort Claims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregateClaims, and (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertycredit; (b) none no material portion of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the Collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all written information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) not more than 5% of the value of all tangible personal property included in the Collateral is located in any country other than the United States.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s's: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material all Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Office, (8) Commercial Tort Claims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregateClaims, (9) Letter of Credit Rights included in the Collateral for letters of credit other than any individual Letters having a value in excess of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate1,000,000, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty (other than any Inventory or Equipment in transit), and (11) Material Contracts; (bi) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellitessatellites or ships, ships or and (ii) no material portion of the Collateral consists of railroad rolling stock; and, motor vehicles or other Goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 10% of the value of all personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset (except for timber to be cut, any Equity Interests in Augusta Newsprint Company and The Apache Railway Company, and the assets to be sold in connection with the Snowflake Disposition as described on Schedule 2.2 hereto) is material to the business of such Grantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of Parent, the Borrower or any other Grantor, (3) Pledged Debt (other than mortgage loans or consumer loans owned by any Grantor in the ordinary course of business), (4) Securities Accounts other than any Excluded Securities AccountAccounts holding assets with a market value of less than $500,000 individually or $1,000,000 in the aggregate, (45) Deposit Accounts other than any Excluded Deposit AccountAccounts holding less than $500,000 individually or $1,000,000 in the aggregate, (56) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material 8) all Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeconstituting Material Intellectual Property , (8) 9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 individually or $2,500,000 in the aggregate, and (910) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $500,000, individually or $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) not more than 10% of the value of all personal property included in the Collateral other than the Equity Interests of Foreign Subsidiaries of the Borrower located in any country other than the United States.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of Parent, the Company or any other Grantor, (3) Securities Accounts Pledged Debt (other than mortgage loans or consumer loans owned by any Excluded Securities AccountGrantor in the ordinary course of business), (4) Deposit Securities Accounts included in the Collateral other than any Excluded Deposit AccountSecurities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (5) Deposit Accounts included in the Collateral other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material 8) all Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeconstituting Material Intellectual Property, (8) 9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 individually or $2,500,000 in the aggregate, and (910) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $500,000, individually or $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) not more than 10% of the value of all personal property included in the Collateral other than the Equity Interests of Foreign Subsidiaries of the Parent located in any country other than the United States.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Equity Interests (that would otherwise constitute a Pledged DebtEquity Interest) to the extent they secure or are the subject of a negative pledge to support Non-Recourse Indebtedness of Parent, the Company or any other Grantor, (3) Securities Accounts Pledged Debt (other than mortgage loans or consumer loans owned by any Excluded Securities AccountGrantor in the ordinary course of business), (4) Deposit Securities Accounts included in the Collateral other than any Excluded Deposit AccountSecurities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (5) Deposit Accounts included in the Collateral other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (6) Commodity Contracts and Commodity Accounts, (67) all United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material 8) all Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeconstituting Material Intellectual Property Material Intellectual Property, (8) 9) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $500,000 individually and $1,000,000 individually or $2,500,000 in the aggregate, and (910) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $500,000, individually or $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Increased Amount Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; , (54) timber to be cut, cut or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) not more than 10% of the value of all personal property included in the Collateral other than the Equity Interests of Foreign Subsidiaries of the Parent located in any country other than the United States.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material material Copyright Licenses, Patent Licenses, Material Trademark Licenses, Material Licenses and Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for to which such any Grantor is the licensee a party, but excluding computer software licenses and which have been recorded in the United States Copyright Officeconfidentiality/non-disclosure agreements, (8) Commercial Tort Claims other than Commercial Tort Claims having a value of less than $1,000,000 individually or $2,500,000 in the aggregateClaims, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregatecredit, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property. Each Grantor shall supplement such schedules at the time of delivery of its quarterly financial statements in accordance with the terms of the Credit Agreement; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (6) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the Collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; (d) not more than 2% of the value of all tangible personal property included in the Collateral is located in any country other than the United States; and (e) no Excluded Asset (other than the Borrower’s rights or interests under the Gestine APA prior to the Gestine Transfer (solely to the extent that such rights or interests would be deemed to be Excluded Assets)) is material to the business of such Grantor.

Collateral Identification, Special Collateral. (a) As of the Closing Date and as of the date of each Security Agreement Supplement delivered pursuant to this Agreement, Schedule 5.2 (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralEquity, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity Accounts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each such Grantor, (7) Material material Patent Licenses, Material material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive material Copyright Licenses in respect of U.S. copyright registrations (except for which such Grantor is the licensee and which have been recorded in the United States Copyright Officeany off-the-shelf software), (8) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $1,000,000 750,000 individually or $2,500,000 1,000,000 in the aggregate, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 100,000 individually or all Letters of Credit Rights worth less than $2,500,000 100,000 in the aggregate, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty other than any Inventory, Equipment or other tangible personal property having a value less than $100,000 individually or $100,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on the date of each making of a Loan and each issuance of a Letter of Credit following the Closing Date; (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (4) Health-Care-Insurance Receivables; (5) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock; and. No material portion of the collateral consists of motor vehicles or other goods subject to a certificate of title statute of any jurisdiction; (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular Collateral) is accurate and complete in all material respects; and (d) no Excluded Property, other than the equity interests described in Section 2.2(b), is material to the business of such Grantor.

Collateral Identification, Special Collateral. (a) Schedule 5.2 (as such schedule may be amended or supplemented from time to time; provided, that it is understood and agreed that (x) Schedule 5.2 is not required to be delivered until the date that is forty-five (45) days following the date hereof (or such later date as the First Out Agents may agree in their discretion) and (y) the representations set forth in this clause (a) shall not be applicable prior to the date of delivery, but shall be applicable thereafter) sets forth under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests constituting CollateralInterests, (2) Pledged Debt, (3) Securities Accounts other than any Excluded Securities AccountAccounts, (4) Deposit Accounts other than any Excluded Deposit AccountAccounts, (5) Commodity Contracts and Commodity AccountsContracts, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) Material exclusive Patent Licenses, Material Trademark Licenses, Material Trade Secret Licenses and Material Copyright Licenses, and exclusive Copyright Licenses in respect of U.S. copyright registrations for which such Grantor is the licensee and which have been recorded in the United States Copyright Office, (8) Commercial Tort Claims other than Commercial Tort Claims having a value in excess of less than $1,000,000 individually or $2,500,000 in the aggregate500,000, (9) Letter of Credit Rights for letters of credit other than any individual Letters of Credit Rights worth less than $1,000,000 or all Letters of Credit Rights worth less than $2,500,000 in the aggregateRights, and (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal propertyproperty having a value in excess of $1,000,000 and (11) any Material Leases (as defined in the First Out Credit Agreement); (b) none of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted Collateral, (3) Manufactured Homes, (43) Health-Care-Insurance Receivables; (54) timber to be cut, or (65) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the Collateral consists of Vehicles or other goods subject to a certificate of title statute of any jurisdiction; and (c) all information supplied by any Grantor with respect to any of the Collateral (in each case taken as a whole with respect to any particular type or class of Collateral) is is, to the knowledge of such Grantor, accurate and complete in all material respects.