Creation and Perfection of Certain Security Interests After the Issue Date. The Company and the Guarantors shall use their respective commercially reasonable efforts to do or cause to be done all acts and things that would be required, including obtaining any required consents from third parties, to have all security interests in the Collateral duly created and enforceable and perfected, to the extent required by the Security Documents, in each case, promptly following the Issue Date, but in no event later than 120 days thereafter. Failure to obtain such consents and create and perfect a security interest in such Collateral within such period constitutes an Event of Default if and to the extent provided under clause (9) under Section 6.1. Notwithstanding the foregoing, if after using commercially reasonable efforts such a security interest in an asset could not be created or perfected because a third party consent had not been obtained or local law did not permit a security interest to more than one secured party, the Company will not be required to create or perfect such security interest. For the avoidance of doubt, references in this paragraph to Collateral do not include Excluded Assets. Neither the Trustee nor the Collateral Agent on behalf of the holders of the Notes has any duty or responsibility to see to or monitor the performance of the Company and the Guarantors with regard to these matters.
Creation and Perfection of Certain Security Interests After the Issue Date. The Company and the Guarantors will use their respective commercially reasonable efforts to create and perfect on the Issue Date the security interests in the Collateral for the benefit of the Trustee, the Collateral Trustee and the Holders, but to the extent any such security interest is not created or perfected, the Company and the Guarantors agree to do or cause to be done all acts and things that may be required, including satisfying the obligations set forth on Schedule 4.21, obtaining any required consents from third parties, to have all security interests in the Collateral duly created and enforceable and perfected, to the extent required by the Security Documents, but in no event later than 90 days (or such later date as set for on Schedule 4.21 or as may be agreed to in accordance with the Transaction Support Agreement and certified to the Trustee and Collateral Trustee, upon which the Trustee and Collateral Trustee may conclusively rely) thereafter. Except to the extent otherwise provided under Article XII hereof, failure to obtain such consents and create and perfect a security interest in such Collateral where required within 90 days (or such other date or extended date, as aforesaid) after the Issue Date shall constitute an Event of Default. Neither the Trustee nor the Collateral Trustee shall have any duty or responsibility to see to or monitor the performance of the Company and its Subsidiaries with regard to their compliance with this Section 4.21.
Creation and Perfection of Certain Security Interests After the Issue Date. Subject to the Agreed Security Principles and the terms of the Security Documents, the Issuers and the Guarantors will use their respective commercially reasonable efforts to create and perfect on or prior to the Issue Date the mortgages on the Issuers’ and Guarantors’ right, title and interest in certain material properties for the benefit of the Collateral Trustee, on behalf of the Second Priority Secured Parties, but to the extent any mortgage or mortgage instrument in the Collateral securing the Notes is not created or perfected on or prior to the Issue Date, the Issuers and the Guarantors agree to use their respective commercially reasonable efforts to do or cause to be done all acts and things that may be required to have such mortgage or mortgage instruments duly created and enforceable and perfected (to the extent required by the Secured Debt Documents and the Security Documents) but in no event later than 120 days (or such longer period as may be permitted under the 2017 Credit Agreement) thereafter. For the avoidance of doubt, references in this Section 4.23 to mortgages or mortgage instruments shall not include Excluded Assets. The Trustee shall not have any duty or responsibility to see to or monitor the performance of the Parent and its Subsidiaries with regard to their compliance with this Section 4.23. Notwithstanding anything herein to the contrary, in no event shall any security interests in the Collateral be required to be created or perfected to secure the Obligations on the Notes if such security interests are not required to be created or perfected under the 2017 Credit Agreement, the 2024 Secured Notes and the 2027 Secured Notes.
Creation and Perfection of Certain Security Interests After the Issue Date. The Issuer and the Guarantors agree to use their respective commercially reasonable efforts to create and perfect on the Issue Date the security interests in the Notes Collateral in favor of the Collateral Agent for the benefit of the Holders of the Notes, but to the extent any such security interest is not created or perfected by such date, the Issuer and the Guarantors hereby agree to use their respective commercially reasonable efforts to do or cause to be done all acts and things that would be required, including obtaining any required consents from third parties, to have all security interests in the Notes Collateral duly created and enforceable and perfected, to the extent required by the Security Documents, promptly following the Issue Date, but in no event later than 90 days thereafter. Failure to obtain such consents and create and perfect a security interest in such Collateral within such period constitutes an Event of Default to the extent provided under clause (a)(x) under Section 6.01. For avoidance of doubt, references in this paragraph to Collateral do not include Excluded Assets. Neither the Trustee nor the Collateral Agent on behalf of the Holders of the Notes has any duty or responsibility to see to or monitor the performance of the Issuer and the Guarantors with regard to these matters.
Creation and Perfection of Certain Security Interests After the Issue Date. The Issuer agrees to use its commercially reasonable efforts to create and perfect on the Issue Date the security interests in the Collateral in favor of the Collateral Agent for the benefit of the First Lien Notes Secured Parties, but to the extent any such security interest is not created or perfected by such date, the Issuer hereby agrees to use its commercially reasonable efforts to do or cause to be done all acts and things that would be required, including obtaining any required consents from third parties, to have all security interests in the Collateral duly created and enforceable and perfected, in each case to the extent required by any Collateral Document, promptly following the Issue Date, but in no event later than 60 days thereafter. Neither the Trustee nor the Collateral Agent on behalf of the Holders has any duty or responsibility to see to or monitor the performance of the Issuer with regard to these matters.
Creation and Perfection of Certain Security Interests After the Issue Date. The Issuer, the Parent Guarantor and the Subsidiary Guarantors shall use their respective commercially reasonable efforts or Commercially Reasonable Efforts for Real Property, as applicable, to create and perfect, to the extent required by the Priority Lien Security Documents, on the Issue Date the security interests in the Collateral for the benefit of the Holders, but to the extent any such security interest is not created or perfected, the Issuer, the Parent Guarantor and the Subsidiary Guarantors agree to use their respective commercially reasonable efforts or Commercially Reasonable Efforts for Real Property, as applicable, to do or cause to be done all acts and things that may be required pursuant to the Priority Lien Security Documents, including obtaining any required consents from third parties (subject to the standard set forth in Commercially Reasonable Efforts for Real Property), to have all security interests in the Collateral duly created and enforceable and perfected, to the extent required by the Priority Lien Security Documents within 120 days (which will be automatically extended by the same period of time as the ABL Collateral Agent under the Credit Agreement may agree to extend the corresponding post-closing perfection period with respect to the Credit Agreement, pursuant to the terms thereof). Except to the extent set forth above in this Section 4.17 and as otherwise provided under Article XIII, failure to obtain such consents and create and perfect a security interest in such Collateral to the extent required shall constitute an Event of Default. For the avoidance of doubt, references in this Section 4.17 to Collateral do not include Excluded Assets.
Creation and Perfection of Certain Security Interests After the Issue Date. The Issuers and the Guarantors will use their respective commercially reasonable efforts to create and perfect on the Issue Date the security interests in the Collateral for the benefit of the Holders, but to the extent any such security interest is not created or perfected, the Issuers and the Guarantors agree to use their respective commercially reasonable efforts to do or cause to be done all acts and things that may be required to have all security interests in the Collateral duly created and enforceable and perfected, to the extent required by the Security Documents, but in no event later than 120 days (as may be extended or, with respect to any Collateral that cannot be granted after 120 days using commercially reasonable efforts, waived, by the Collateral Trustee at the written direction of the Credit Agreement Agent) thereafter. For the avoidance of doubt, references in this Section 4.18, and elsewhere in this Indenture, to Collateral do not include Excluded Assets. Neither the Trustee nor the Collateral Trustee shall have any duty or responsibility to see to or monitor the performance of the Company and its Subsidiaries with regard to their compliance with this Section 4.18.
Creation and Perfection of Certain Security Interests After the Issue Date. The Issuer and the Guarantors agree to use their respective commercially reasonable efforts to create and perfect on the Issue Date the security interests in the Notes Collateral in favor of the Collateral Agent for the benefit of the Holders of the Notes to secure the payment and performance of the Obligations under the Notes and any other Obligations under this Indenture by delivering such joinder agreements and such other documentation as required by the applicable Security Documents such that the Notes are secured to the same extent as the Obligations under the Existing Notes were immediately prior to the Issue Date. Failure to create and perfect a security interest in such Collateral constitutes an Event of Default to the extent provided under clause (a)(x) under Section 6.01. For avoidance of doubt, references in this paragraph to Collateral do not include Excluded Assets. Neither the Trustee nor the Collateral Agent on behalf of the Holders of the Notes has any duty or responsibility to see to or monitor the performance of the Issuer and the Guarantors with regard to these matters.
Creation and Perfection of Certain Security Interests After the Issue Date. Subject to the Agreed Security Principles and the terms of the Security Documents, to the extent any mortgage or mortgage instrument in the Collateral securing the Notes is not created or perfected on or prior to the Issue Date, the Issuer and the Guarantors agree to use their respective commercially reasonable efforts to do or cause to be done all acts and things that may be required to have such mortgage or mortgage instruments duly created and enforceable and perfected (to the extent required by the Security Documents) but in no event later than 120 days (or such longer period as may be permitted under the 2024 Credit Agreement) thereafter. For the avoidance of doubt, references in this Section 4.23 to mortgages or mortgage instruments shall not include Excluded Assets. The Trustee shall not have any duty or responsibility to see to or monitor the performance of the Parent and its Subsidiaries with regard to their compliance with this Section 4.23. Notwithstanding anything herein to the contrary, in no event shall any security interests in the Collateral be required to be created or perfected to secure the Obligations on the Notes if such security interests are not required to be created or perfected under the 2024 Credit Agreement.
