Common use of Lien Defects Clause in Contracts

Lien Defects. Any Lien created by any of the Collateral Documents shall at any time fail to constitute a valid and perfected Lien on all of the Collateral purported to be subject thereto, securing the obligations purported to be secured thereby, subject to no prior or equal Lien (other than any Permitted Lien), or the Borrower or any Loan Party (or any Affiliate thereof) (or, with respect to any Collateral consisting of securities or security entitlements (each as defined in Section 8-102 of the UCC), the party having control (as defined in Sections 8-106 and 9-106 of the UCC) of such Collateral) shall so assert in writing, other than any such failure arising or resulting from any action or inaction on the part of a Secured Party; or

Lien Defects. Any Lien created by any of the Collateral Documents shall shall, except as set forth in Section 2.09, at any time fail to constitute a valid and perfected Lien on all of the Collateral purported to be subject thereto, securing the obligations Obligations purported to be secured thereby, subject to no prior or equal Lien (other than any Permitted Lienexcept as permitted hereunder), or the Borrower or any Loan Party (or any Affiliate thereof) (or, with respect to any Collateral consisting of securities or security entitlements (each as defined in Section 8-102 of the UCC), the party having control (as defined in Sections 8-106 and 9-106 of the UCC) of such Collateral) shall so assert in writing, other than any such failure arising or resulting primarily from any action or inaction on the part of a Secured PartyParty or the Custodian; or

Lien Defects. Any Lien created by any of the Collateral Documents shall at any time fail to constitute a valid and perfected Lien on all of the Collateral purported to be subject thereto, securing the obligations Obligations purported to be secured thereby, subject to no prior or equal Lien (other than any Permitted Lienexcept as permitted hereunder), or the Borrower or any Loan Party (or any Affiliate thereof) (or, with respect to any Collateral consisting of securities or security entitlements (each as defined in Section 8-102 of the UCC), the party having control (as defined in Sections 8-106 and 9-106 of the UCC) of such Collateral) shall so assert in writing, other than any such failure arising or resulting primarily from any action or inaction on the part of a Secured Party, Collateral Agent or the Custodian; or

Lien Defects. Any Lien created by any of the Collateral Documents shall at any time fail to constitute a valid and perfected Lien on all of the Collateral purported to be subject thereto, securing the obligations Obligations purported to be secured thereby, subject to no prior or equal Lien (other than any Permitted Lienexcept as permitted hereunder), or the Borrower or any Loan Party (or any Affiliate thereof) (or, with respect to any Collateral consisting of securities or security entitlements (each as defined in Section 8-102 of the UCC), the party having control (as defined in Sections 8-106 and 9-106 of the UCC) of such Collateral) shall so assert in writing, other than any such failure arising or resulting primarily from any action or inaction on the part of a Secured PartyParty or the Custodian; or