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 subsections 4.1C, 4.1D, 6.8 and 6.9 and (ii) the delivery to Administrative Agent of any Pledged Collateral not delivered to Administrative Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are, assuming continuous possession of such Pledged Collateral by Administrative Agent or any Supplemental Collateral Agent, if any, effective to create in favor of Administrative Agent for the benefit of 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 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 Administrative Agent for filing (but not yet filed), the periodic filing of UCC continuation statements in respect of UCC financing statements filed by or on behalf of Administrative Agent and the filing of certain UCC termination statements relating to the Liens under Existing Indebtedness (which have been delivered to Administrative Agent and which will be promptly filed after the Closing Date).

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 subsections 4.1C4.1H, 4.1D4.1I, 4.1J, 6.8 and 6.9 and the filing of any UCC financing statements and/or amendments and PTO filings and/or amendments delivered to Administrative Agent for filing (but not yet filed) and the recording of any Effective Date Mortgages or Ship Mortgages or amendments to the Mortgages and Ship Mortgages existing prior to the Effective Date delivered to Administrative Agent for recording (but not yet recorded) and (ii) the delivery to Administrative Agent of any Pledged Collateral not delivered to Administrative Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are, assuming continuous possession of such Pledged Collateral by Administrative Agent or any Supplemental Collateral Agent, if any, are effective to create or to continue in favor of Administrative Agent for the benefit of 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 or recording of any UCC financing statements the documents delivered on or before the Effective Date to Administrative Agent for filing or recording (but not yet filed), filed or recorded) and the periodic filing of UCC continuation statements in respect of UCC financing statements filed by or on behalf of Administrative Agent and the filing of certain UCC termination statements relating to the Liens under Existing Indebtedness (which have been delivered to Administrative Agent and which will be promptly filed after the Closing Date)Agent.

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 4.1C4.3H, 4.1D, 6.8 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 Administrative Collateral Agent of any Pledged Collateral not delivered to Administrative Collateral Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are, assuming continuous possession of such Pledged Collateral by Administrative Agent or any Supplemental Collateral Agent, if any, are effective to create in favor of Administrative 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 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 Administrative 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 Administrative Agent and the filing of certain UCC termination statements relating to the Liens under Existing Indebtedness (which have been delivered to Administrative Agent and which will be promptly filed after the Closing Date)Collateral Agent.

Matters Relating to Collateral. A. CREATIONA.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 4.1C4.3H, 4.1D, 6.8 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 Administrative Collateral Agent of any Pledged Collateral not delivered to Administrative Collateral Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are, assuming continuous possession of such Pledged Collateral by Administrative Agent or any Supplemental Collateral Agent, if any, are effective to create in favor of Administrative 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 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 Administrative 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 Administrative Agent and the filing of certain UCC termination statements relating to the Liens under Existing Indebtedness (which have been delivered to Administrative Agent and which will be promptly filed after the Closing Date)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 subsections 4.1C4.1I, 4.1D4.1J, 6.8 6.8, 6.9 and 6.9 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 recording of any Effective Date Mortgages delivered to Administrative Agent for recording (but not yet recorded) or amendments to the Mortgages existing prior to the Effective Date, and (ii) the delivery to Administrative Agent of any Pledged Collateral not delivered to Administrative Agent at the time of execution and delivery of the applicable Collateral Document (all of which Pledged Collateral has been so delivered) are, assuming continuous possession of such Pledged Collateral by Administrative Agent or any Supplemental Collateral Agent, if any, are effective to create or to continue in favor of Administrative Agent for the benefit of 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 and PTO filings delivered to 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 Administrative Agent and the filing of certain UCC termination statements relating to the Liens under Existing Indebtedness (which have been delivered to Administrative Agent and which will be promptly filed after the Closing Date)Agent.