Common use of Collateral Identification, Special Collateral Clause in Contracts

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, (2) Pledged Debt, (3) Securities Accounts, (4) Deposit Accounts, (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) Patent Licenses, Trademark Licenses and Copyright Licenses, (8) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $1,000,000 individually or $1,000,000 in the aggregate, (9) Letter of Credit Rights for letters of credit other than any Letters of Credit Rights worth less than $1,000,000 individually or $1,000,000 in the aggregate, (10) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property 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) timber to be cut, or (5) aircraft, aircraft engines, satellites, ships or railroad rolling stock. 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, (2) Pledged DebtDebt other than Pledged Debt with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (3) Securities AccountsAccounts other than any Securities Accounts holding assets with a market value of less than $1,000,000 individually or $5,000,000 in the aggregate, (4) Deposit AccountsAccounts other than any Deposit Accounts holding less than $1,000,000 individually or $5,000,000 in the aggregate, (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) Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright LicensesLicenses constituting Material Intellectual Property, (8) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $1,000,000 individually or and $1,000,000 5,000,000 in the aggregate, (9) Letter of Credit Rights for letters of credit other than any Letters of Credit Rights worth less than $1,000,000 individually or $1,000,000 5,000,000 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 other than any Inventory, Equipment or other tangible personal person property having a value less than $1,000,000 individually or $1,000,000 5,000,000 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 (56) aircraft, aircraft engines, satellites, ships or railroad rolling stock. 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, on and as such schedule may be amended or supplemented from time to time) sets forth of the Closing Date, under the appropriate headings all of such Grantor’s: (1) Pledged Equity Interests, (2) Pledged Debt, (3) Securities AccountsAccounts other than any Securities Accounts holding assets with a market value of less than $500,000 individually or $2,000,000 in the aggregate, (4) Deposit AccountsAccounts other than any Deposit Accounts holding assets with a market value of less than $500,000 individually and $2,000,000 in the aggregate, (5) Commodity Contracts having a value in excess of $500,000 individually and $2,000,000 in the aggregate and Commodity AccountsAccounts having a value in excess of $500,000 individually and $2,000,000 in the aggregate, (6) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each Grantor, (7) exclusive Patent Licenses, Trademark Licenses, Trade Secret Licenses and Copyright Licenses, (8) Commercial Tort Claims other than any Commercial Tort Claims having a value in excess of less than $1,000,000 individually or $1,000,000 in the aggregate1,000,000, (9) Letter of Credit Rights Right for letters of credit other than any Letters the value of Credit Rights worth less than which exceed $1,000,000 individually or and $1,000,000 3,000,000 in the aggregate, (10) the name and address of any warehouseman, bailee or other third party other than with any third party in connection with preparation for shipment of for rehabilitation or refurbishment in possession of any Inventory, Equipment and other tangible personal property other than any Inventory, Equipment or other tangible personal property having a value less than in excess of $1,000,000 individually or and $1,000,000 3,000,000 in the aggregate. Each Grantor shall supplement such schedules as necessary to ensure that such schedules are accurate on each Credit Date; (b) none as of the Closing Date, no material portion of the Collateral constitutes, or is the Proceeds of, (1) Farm Products, (2) As-Extracted CollateralManufactured Homes, (3) Manufactured HomesHealth Care Insurance Receivables, (4) timber to be cut, or (5) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No stock and no material portion of the collateral Collateral consists of motor vehicles or other goods 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 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) as of the Closing Date and as of the date of each Collateral 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: (1i) Pledged Equity InterestsEquity, (2ii) Pledged Debt, (3iii) Securities Accounts, (4iv) Deposit Accounts, (5v) Commodity Contracts and Commodity Accounts, (6vi) United States and foreign registrations and issuances of and applications for Patents, Trademarks, and Copyrights owned by each such Grantor, (7vii) material Patent Licenses, material Trademark Licenses and material Copyright LicensesLicenses (except for any off-the-shelf software), (8) viii) Commercial Tort Claims other than any Commercial Tort Claims having a value of less than $1,000,000 2,000,000 individually or $1,000,000 4,000,000 in the aggregate, (9ix) Letter of Credit Rights for letters of credit other than any Letters of Credit Rights worth less than $1,000,000 200,000 individually or $1,000,000 400,000 in the aggregate, and (10x) the name and address of any warehouseman, bailee or other third party in possession of any Inventory, Equipment and other tangible personal property other than any Inventory, Equipment or other tangible personal property having a value less than $1,000,000 200,000 individually or $1,000,000 400,000 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, (1i) Farm Products, (2ii) As-Extracted Collateral, (3iii) Manufactured Homes, (4iv) timber to be cut, or (5v) aircraft, aircraft engines, satellites, ships or railroad rolling stock. No material portion of the collateral consists of motor vehicles 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% as of the value of all personal property included in the Collateral is located in any country Closing Date, no Excluded Property, other than the United States; and (e) no Excluded Asset equity interests described in Section 2.2(b), is material to the business of such Grantor.