Common use of Investment Related Property Clause in Contracts

Investment Related Property. (a) Schedule 3.8 sets forth all of the Pledged Stock, Pledged LLC Interests, and Pledged Partnership Interests owned by any Grantor, and such Pledged Equity Interests constitute the percentage of issued and outstanding shares of stock, percentage of membership interests, percentage of partnership interests, or percentage of beneficial interest of the respective issuers thereof indicated on such Schedule. (b) Except as set forth on Schedule 3.13, no Grantor has acquired any Equity Interests of another entity or substantially all the assets of another entity within the past five (5) years. (c) Each Grantor is the record and beneficial owner of the Pledged Equity Interests owned by it free of all Liens, rights, or claims of other Persons other than Permitted Liens, and there are no outstanding warrants, options, or other rights to purchase, or shareholder, voting trust or similar agreements outstanding with respect to, or property that is convertible into, or that requires the issuance or sale of, any such Pledged Equity Interests, except as set forth on Schedule 3.13. (d) No consent of any Person including any other general or limited partner, any other member of a limited liability company, any other shareholder, or any other trust beneficiary is necessary or desirable in connection with the creation, perfection, or first priority status of the Security Interest in any Pledged Equity Interests or the exercise by Administrative Agent of the voting or other rights provided for in this Security Agreement or the exercise of remedies in respect thereof, other than such as have been obtained and are in full force and effect. (e) None of the Pledged LLC Interests or Pledged Partnership Interests are or represent interests in issuers that (a) are registered as investment companies or (b) are dealt in or traded on securities exchanges or markets. (f) Except as otherwise set forth on Schedule 3.13, all of the Pledged LLC Interests and Pledged Partnership Interests are or represent interests in issuers that have not opted to be treated as securities under the uniform commercial code of any jurisdiction. (a) Each Grantor has delivered to Administrative Agent all stock certificates or other instruments or documents representing or evidencing the Pledged Equity Interests to the extent that the Pledged Equity Interest are certificated, together with corresponding assignment or transfer powers duly executed in blank by such Grantor, and such powers have been duly and validly executed and are binding and enforceable against such Grantor in accordance with their terms; and (b) to the extent such Pledged Equity Interests are uncertificated securities, each Grantor has taken all actions necessary or desirable to establish Administrative Agent’s Control over such Pledged Equity Interests.

Investment Related Property. (a) Schedule 3.8 The Perfection Certificate sets forth all of the Pledged Stock, Pledged LLC Interests, and Pledged Partnership Interests owned by any Grantor, Grantor and such Pledged Equity Interests constitute the percentage of issued and outstanding shares of stock, percentage of membership interests, percentage of partnership interests, interests or percentage of beneficial interest of the respective issuers thereof indicated on such Schedule. (b) Except as set forth on Schedule 3.13the Perfection Certificate, no Grantor has acquired any Equity Interests equity interests of another entity or substantially all the assets of another entity within the past five (5) years. (c) Each Grantor is the record and beneficial owner of the Pledged Equity Interests owned by it free of all Liens, rights, rights or claims of other Persons persons other than Permitted Liens, and there are no outstanding warrants, options, options or other rights to purchase, or shareholder, voting trust or similar agreements outstanding with respect to, or property that is convertible into, or that requires the issuance or sale of, any such Pledged Equity Interests, except as set forth on Schedule 3.13. (d) No consent of any Person person including any other general or limited partner, any other member of a limited liability company, any other shareholder, shareholder or any other trust beneficiary is necessary or desirable in connection with the creation, perfection, perfection or first priority status of the Security Interest security interest of Secured Party in any Pledged Equity Interests or the exercise by Administrative Agent Secured Party of the voting or other rights provided for in this Security Agreement or the exercise of remedies in respect thereof, other than such as have been obtained and are in full force and effect. (e) None of the Pledged LLC Interests or Pledged Partnership Interests are or represent interests in issuers that (ai) are registered as investment companies or (bii) are dealt in or traded on securities exchanges or markets. (f) Except as otherwise set forth on Schedule 3.13the Perfection Certificate, all of the Pledged LLC Interests and Pledged Partnership Interests are or represent interests in issuers that have not opted to be treated as securities under the uniform commercial code UCC of any jurisdiction. (ai) Each Within five (5) Business Days of the request therefor Grantor has delivered will deliver to Administrative Agent Secured Party all stock certificates certificates, or other instruments Instruments or documents Documents representing or evidencing the Pledged Equity Interests to the extent that the Pledged Equity Interest are certificatedInterests, together with corresponding assignment or transfer powers duly executed in blank by such Grantor, and such powers have been duly and validly executed and are binding and enforceable against such Grantor in accordance with their terms; terms and (bii) to the extent such Pledged Equity Interests are uncertificated securitiesuncertificated, each Grantor has taken will take all actions necessary or desirable to establish Administrative AgentSecured Party’s Control over such Pledged Equity Interests.

Investment Related Property. (a) Schedule 3.8 3.10 sets forth all of the Pledged Stock, Pledged LLC Interests, and Pledged Partnership Equity Interests owned by any Grantor, Grantor and such Pledged Equity Interests constitute the percentage of issued and outstanding shares of stock, percentage of membership interests, percentage of partnership interests, interests or percentage of beneficial interest of the respective issuers thereof indicated on such Schedule. (b) Except as set forth on Schedule 3.133.10, no Grantor has not acquired any Equity Interests of another entity Person or substantially all the assets of another entity within Person since the past five (5) yearsformation of Grantor. (c) Each Grantor is the record and beneficial owner of the Pledged Equity Interests owned by it free of all Liens, rights, rights or claims of other Persons persons other than Permitted Liens, and there are no outstanding warrants, options, options or other rights to purchase, or shareholder, voting trust or similar agreements outstanding with respect to, or property that is convertible into, or that requires the issuance or sale of, any such Pledged Equity Interests, except as set forth on Schedule 3.13. (d) No consent of any Person Person, including any other general or limited partner, any other member of a limited liability companyGrantor, any other shareholder, or any other trust beneficiary is necessary or desirable in connection with the creation, perfection, perfection or first priority status of the Security Interest security interest of Agent in any Pledged Equity Interests or the exercise by Administrative Agent of the voting or other rights provided for in this Security Agreement or the exercise of remedies in respect thereof, other than such as have been obtained and are in full force and effect. (e) None of the Pledged LLC Interests or Pledged Partnership Equity Interests are or represent interests in issuers that (ai) are registered as investment companies or (bii) are dealt in or traded on securities exchanges or markets. (fi) Except as otherwise set forth on Schedule 3.13, all of the Pledged LLC Interests and Pledged Partnership Interests are or represent interests in issuers that have not opted to be treated as securities under the uniform commercial code of any jurisdiction. (a) Each Grantor has delivered to Administrative Agent all stock certificates or other certificates, instruments or and documents representing or evidencing the Pledged Equity Interests to the extent that the Pledged Equity Interest are certificatedInterests, together with corresponding assignment assignments or transfer powers duly executed in blank by such Grantor, and such powers have been duly and validly executed and are binding and enforceable against such Grantor in accordance with their terms; terms and (bii) to the extent such Pledged Equity Interests are uncertificated securitiesuncertificated, each Grantor has taken all actions necessary or desirable to establish Administrative Agent’s Control over such Pledged Equity Interests.

Investment Related Property. (a) Schedule 3.8 3.10 sets forth all of the Pledged Stock, Pledged LLC Interests, and Pledged Partnership Interests owned by any Grantor, Grantor and such Pledged Equity Interests constitute the percentage of issued and outstanding shares of stock, percentage of membership interests, percentage of partnership interests, interests or percentage of beneficial interest of the respective issuers thereof indicated on such Schedule. (b) Except as set forth on Schedule 3.133.10, no Grantor has acquired any Equity Interests equity interests of another entity or substantially all the assets of another entity within the past five (5) years. (c) Each Grantor is the record and beneficial owner of the Pledged Equity Interests owned by it free of all Liens, rights, rights or claims of other Persons persons other than Permitted Liens, and there are no outstanding warrants, options, options or other rights to purchase, or shareholder, voting trust or similar agreements outstanding with respect to, or property that is convertible into, or that requires the issuance or sale of, any such Pledged Equity Interests, except as set forth on Schedule 3.13. (d) No consent of any Person person including any other general or limited partner, any other member of a limited liability company, any other shareholder, shareholder or any other trust beneficiary is necessary or desirable in connection with the creation, perfection, perfection or first priority status of the Security Interest security interest of Lender in any Pledged Equity Interests or the exercise by Administrative Agent Lender of the voting or other rights provided for in this Security Agreement or the exercise of remedies in respect thereof, other than such as have been obtained and are in full force and effect. (e) None of the Pledged LLC Interests or Pledged Partnership Interests are or represent interests in issuers that (ai) are registered as investment companies or (bii) are dealt in or traded on securities exchanges or markets. (f) Except as otherwise set forth on Schedule 3.133.10, all of the Pledged LLC Interests and Pledged Partnership Interests are or represent interests in issuers that have not opted to be treated as securities under the uniform commercial code UCC of any jurisdiction. (ai) Each Grantor has delivered to Administrative Agent Lender all stock certificates certificates, or other instruments Instruments or documents Documents representing or evidencing the Pledged Equity Interests to the extent that the Pledged Equity Interest are certificatedInterests, together with corresponding assignment or transfer powers duly executed in blank by such Grantor, and such powers have been duly and validly executed and are binding and enforceable against such Grantor in accordance with their terms; terms and (bii) to the extent such Pledged Equity Interests are uncertificated securitiesuncertificated, each Grantor has taken all actions necessary or desirable to establish Administrative AgentLender’s Control over such Pledged Equity Interests.