Creation and Perfection of Security Interests. Notwithstanding anything to the contrary in this Section 4.01, with respect to the Secured Obligations, all actions necessary to establish that the Collateral Agent will have a perfected first priority security interest (subject to Permitted Liens) in the Collateral under the Loan Documents shall have been taken, in each case, to the extent such Collateral (including the creation or perfection of any security interest) is required to be provided on the Closing Date; provided that to the extent any security interest in the Collateral is not granted or perfected on the Closing Date after Borrower’s commercially reasonable efforts to do so (other than (x) grants of Collateral subject to the UCC and the delivery of and authorization to file Uniform Commercial Code financing statements, (y) the filing of Intellectual Property security agreements in the United States Patent and Trademark Office or the United States Copyright Office, as the case may be, and (z) the delivery of stock certificates and stock powers for “certificated securities” (as defined in Article 8 of the UCC) of the Borrower and the other Credit Parties (other than Excluded Equity Interests) that are part of the Collateral; provided that such “certificated securities”, other than “certificated securities” of the Borrower, will be required to be delivered hereunder only to the extent received from JAMF after use of commercially reasonable efforts to obtain such “certificated securities”; provided further that any “certificated securities” and not so delivered on the Closing Date will be required to be delivered within 30 days after the Closing Date (or such longer period as the Administrative Agent may agree in its sole, reasonable discretion)), the grant or perfection of such security interest (including, without limitation, the security interest on any Real Property that is part of the Collateral) shall not constitute a condition precedent to the availability of the Credit Extension to be made on the Closing Date, but shall be granted or perfected, as the case may be, within 90 days after the Closing Date (or such longer period as the Administrative Agent may agree in its sole, reasonable discretion or as provided in Section 5.15).
Creation and Perfection of Security Interests. Notwithstanding anything to the contrary in this Section 4.01, with respect to the Secured Obligations, all actions necessary to establish that the Collateral Agent will have a perfected first priority security interest (subject to Permitted Liens) in the Collateral under the Loan Documents shall have been taken, in each case, to the extent such Collateral (including the creation or perfection of any security interest) is required to be provided on the Closing Date.
Creation and Perfection of Security Interests. This Agreement, together with the other Security Documents, is effective to create in favor of the Collateral Agent, for the benefit of the Secured Parties, a legal, valid and enforceable security interest in the Collateral. Upon Delivery of any Collateral, this Agreement shall constitute a fully perfected Lien on, and security interest in, all right, title and interest of the Loan Parties in such Collateral and the proceeds thereof, as security for the Secured Obligations, in each case prior and superior in right to any other Person.
Creation and Perfection of Security Interests. Once executed and delivered, the Security Agreement will create a valid and enforceable security interest in the Collateral described therein, subject to any exceptions contained therein. In the case of the portion of the pledged Collateral consisting of the certificated securities represented by the certificates described in the Security Agreement, when stock certificates representing such pledged Collateral are delivered to Agent and such stock certificates are held in New York, and in the case of the other Collateral described in the Security Agreement, when UCC financing statements in appropriate form are filed in the appropriate UCC filing offices, the Security Agreement shall constitute the creation of a perfected Lien under the Code (to the extent a Lien on such Collateral can be perfected by such possession or filings) on, and security interest in, all right, title and interest of the Credit Parties signatory to the Security Agreement in such pledged Collateral and other Collateral, as security for the Obligations.
Creation and Perfection of Security Interests. Once executed and delivered, each of the U.S. Security Agreement and the Canadian Security Agreement will represent a valid and enforceable security interest in the Collateral described therein. In the case of the portion of the pledged Collateral consisting of the certificated securities represented by the certificates described in the U.S. Security Agreement or the Canadian Security Agreement, as applicable, when stock certificates representing such pledged Collateral are delivered to Agent and such stock certificates are held in New York, and in the case of the other Collateral described in the U.S. Security Agreement or the Canadian Security Agreement, as applicable, when financing statements and other filings specified on Schedule (4.21(a)) in appropriate form are filed in the offices specified on Schedule (4.21(a)), the U.S. Security Agreement or the Canadian Security Agreement, as applicable, shall constitute the creation of a perfected Lien under the Code or the PPSA as applicable (to the extent a Lien on such Collateral can be perfected by such possession or filings) on, and security interest in, all right, title and interest of the Credit Parties signatory to the U.S. Security Agreement or the Canadian Security Agreement, as applicable, in such pledged Collateral and other Collateral, as security for the Obligations, in each case prior and superior in right to any other Person (except for Permitted Encumbrances which by operation of law or contract would have priority over the Liens securing the Obligations).
Creation and Perfection of Security Interests. Notwithstanding anything to the contrary in this Section 4.01, with respect to the Secured Obligations, all actions necessary to establish that the Collateral Agent will have a perfected first priority security interest (subject to Permitted Liens) in the Collateral under the Loan Documents shall have been taken, in each case, to the extent such Collateral (including the creation or perfection of any security interest) is required to be provided on the Effective Date; provided that to the extent any security interest in the Collateral is not granted or perfected on the Effective Date after Xxxxxxxx’s commercially reasonable efforts to do so (other than (x) grants of Collateral subject to the UCC and the delivery of and authorization to file Uniform Commercial Code financing statements, and the delivery of stock certificates and stock powers for “certificated securities” (as defined in Article 8 of the UCC) of each Guarantor, the grant or perfection of such security interest shall not constitute a condition precedent to the availability of the Credit Extension to be made on the Closing Date, but shall be granted or perfected, as the case may be, within 90 days after the Effective Date (or such longer period as the Administrative Agent may agree in its sole, reasonable discretion or as provided in Section 5.15).
Creation and Perfection of Security Interests. (a) The Security Agreement is effective to create in favor of Agent, for the benefit of the Secured Parties (as defined in the Security Agreement), as secured parties, a legal and valid security interest in the Collateral described therein and proceeds thereof. In the case of the portion of the pledged Collateral consisting of the certificated securities represented by the certificates described in the Pledge Agreement, when stock certificates representing such pledged Collateral are delivered to Agent and such stock certificates are held in New York, and in the case of the other Collateral described in the Security Agreement, when financing statements and other filings specified on Schedule (4.25(a)) in appropriate form are filed in the offices specified on Schedule (4.25(a)), the Security Agreement shall constitute a fully perfected Lien under the Code on, and security interest in, all right, title and interest of the Credit Parties in such Collateral and the proceeds thereof, as security for the Obligations (as defined in the Security Agreement), in each case prior and superior (subject to the Intercreditor Agreement) in right to any other Person (except, in the case of Collateral, Liens permitted by Section 7.7).
Creation and Perfection of Security Interests. (a) (i) The Notes shall be secured by first-priority Liens pursuant to the Security Documents to be entered into from time to time by the Company and certain of its Subsidiaries (collectively, the “Grantors”) and Lord Securities Corporation (together with its Subsidiaries and Affiliates acting as its sub-agent or representative or directly as collateral agent (collectively, the “LS Sub-Agents”)), as collateral agent (the “Collateral Agent”) for the benefit of the Holders from time to time. For the avoidance of doubt, when reference is made herein to the Collateral Agent, it shall be deemed to include a reference, where applicable, to the LS Sub Agents so appointed.
Creation and Perfection of Security Interests. All actions necessary to establish that the Administrative Agent will have a perfected security interest (subject to Permitted Liens) in the Collateral under the Loan Documents shall have been taken (including, without limitation, properly completed Uniform Commercial Code financing statements and the execution and delivery to the Administrative Agent of all other documents and instruments required to establish and perfect such security interests).
Creation and Perfection of Security Interests. The Collateral and Guarantee Requirements shall have been met.
