Common use of Matters Relating to Collateral Clause in Contracts

Matters Relating to Collateral. A. CREATION, PERFECTION AND PRIORITY OF LIENS. The execution and delivery of the Collateral Documents by Loan Parties, together with (i) the actions taken on or prior to the date hereof pursuant to subsection 4.2J of the Original Credit Agreement, subsections 4.3H, 4.4H and 6.9 of the Existing Credit Agreement and subsections 4.2S, 4.3B and 6.9 of this Agreement, and (ii) the delivery to Collateral Agent of any Pledged Collateral not delivered to Collateral Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are effective to create in favor of Collateral Agent for the benefit of Agents and Lenders, as security for the respective Secured Obligations (as defined in the applicable Collateral Document in respect of any Collateral), a valid and perfected first priority Lien on all of the Collateral, and all filings and other actions necessary or desirable to perfect and maintain the perfection and first priority status of such Liens have been duly made or taken and remain in full force and effect, other than the filing of any UCC financing statements delivered to Collateral Agent for filing (but not yet filed) and the periodic filing of UCC continuation statements in respect of UCC financing statements filed by or on behalf of Collateral Agent.

Matters Relating to Collateral. A. CREATIONCreation, PERFECTION AND PRIORITY OF LIENSPerfection and Priority of Liens. The execution and delivery of the Collateral Documents by Loan Parties, together with (i) the actions taken on or prior to the date hereof pursuant to subsection 4.2J of the Original Credit Agreement, subsections 4.3H, 4.4H 4.1J and 6.9 of the Existing Credit Agreement and subsections 4.2S, 4.3B and 6.9 of this Agreement, and (ii) the delivery to Collateral Agent of any Pledged Collateral not delivered to Collateral Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are effective to create in favor of Collateral Agent for the benefit of Agents and Lenders, as security for the respective Secured Obligations (as defined in the applicable Collateral Document in respect of any Collateral), a valid and perfected first priority Lien on all of the Collateral, and all filings and other actions necessary or desirable to perfect and maintain the perfection and first priority status of such Liens have been duly made or taken and remain in full force and effect, other than the filing of any UCC financing statements delivered to Collateral Agent for filing (but not yet filed) and the periodic filing of UCC continuation statements in respect of UCC financing statements filed by or on behalf of Collateral Agent.

Matters Relating to Collateral. A. CREATIONCreation, PERFECTION AND PRIORITY OF LIENSPerfection and Priority of Liens. The execution and delivery of the Collateral Documents by the Loan Parties, together with (i) the actions taken on or prior to the date hereof pursuant to subsection 4.2J of the Original Credit Agreementsubsections 4.1, subsections 4.3H, 4.4H 6.8 and 6.9 of the Existing Credit Agreement and subsections 4.2S, 4.3B and 6.9 of this Agreement, and (ii) the delivery to Collateral Administrative Agent of any Pledged Collateral not delivered to Collateral Administrative Agent at the time of execution and delivery of the applicable Collateral Document (all and the execution of Control Agreements with respect to Deposit Accounts pledged as Collateral which Pledged Collateral has been so deliveredare required to be subject to perfected Liens) are effective to create in favor of Collateral Administrative Agent for the benefit of Agents and Lenders, as security for the respective Secured Obligations (as defined in the applicable Collateral Document in respect of any Collateral), a valid and perfected first priority First Priority Lien on all of the CollateralCollateral (other than Excluded Assets), and all filings and other actions of UCC financing statements necessary or desirable to perfect and maintain the perfection and first priority First Priority status of such Liens that can be perfected by filing UCC financing statements have been duly made or taken and remain in full force and effecteffect (or will be duly made or taken within applicable time periods), other than the filing of any UCC financing statements delivered to Collateral Administrative Agent for filing (but not yet filed) and the periodic filing of UCC continuation statements in respect of UCC financing statements filed by or on behalf of Collateral Administrative Agent.

Matters Relating to Collateral. A. CREATIONCreation, PERFECTION AND PRIORITY OF LIENSPerfection and Priority of Liens. The execution and delivery of the Collateral Documents by Loan Parties, together with (i) the actions taken on or prior to the date hereof pursuant to subsection 4.2J subsections 4.1I, 4.1J, 6.8, 6.9 and 7.7(vi) and the filing of any UCC financing statements and PTO filings delivered to Administrative Agent for filing (but not yet filed) and the Original Credit Agreement, subsections 4.3H, 4.4H and 6.9 recording of any Effective Date Mortgages delivered to Administrative Agent for recording (but not yet recorded) or amendments to the Existing Credit Agreement and subsections 4.2S, 4.3B and 6.9 of this AgreementMortgages existing prior to the Effective Date, and (ii) the delivery to Collateral Administrative Agent of any Pledged Collateral not delivered to Collateral Administrative Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are effective to create or to continue in favor of Collateral Administrative Agent for the benefit of Agents and Lenders, as security for the respective Secured Obligations (as defined in the applicable Collateral Document in respect of any Collateral), a valid and perfected first priority First Priority Lien on all of the Collateral, and all filings and other actions necessary or desirable to perfect and maintain the perfection and first priority First Priority status of such Liens have been duly made or taken and remain in full force and effect, other than the filing of any UCC financing statements and PTO filings delivered to Collateral Administrative Agent for filing (but not yet filed) and the recording of any Effective Date Mortgages delivered to Administrative Agent for recording (but not yet recorded) and the periodic filing of UCC continuation statements in respect of UCC financing statements filed by or on behalf of Collateral Administrative Agent.

Matters Relating to Collateral. A. CREATIONCreation, PERFECTION AND PRIORITY OF LIENSPerfection and Priority of Liens. The execution and delivery of the Collateral Documents by Loan Partiesthe Company, together with (i) the actions taken on or prior to the date hereof pursuant to subsection 4.2J of the Original Credit Agreementsubsections 4.1J, subsections 4.3H, 4.4H 6.8 and 6.9 of the Existing Credit Agreement and subsections 4.2S, 4.3B and 6.9 of this Agreement, and (ii) the delivery to the Collateral Agent of any Pledged Collateral not delivered to the Collateral Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are effective to create in favor of the Collateral Agent for the benefit of Agents and Lenders, as security for the respective Secured Obligations (as defined in the applicable Collateral Document in respect of any Collateral), a valid and perfected first priority First Priority Lien on all of the Collateral, and all filings and other actions necessary or desirable (except with respect to Bailee Consents, Landlord Consents, and Mortgagee Consents permitted to be outstanding hereunder) to perfect and maintain the perfection and first priority First Priority status of such Liens have been duly made or taken and remain in full force and effect, other than the filing of any UCC financing statements delivered to the Collateral Agent for filing (but not yet filed) and the periodic filing of UCC continuation statements in respect of UCC financing statements filed by or on behalf of the Collateral Agent.