Common use of Name; State of Organization; Chief Executive Office; Collateral Locations Clause in Contracts

Name; State of Organization; Chief Executive Office; Collateral Locations. (a) The exact legal name of each Borrower and Guarantor is as set forth on the signature pages of this Agreement and in each Borrower’s and Guarantor’s Information Certificate, subject to the rights of Borrowers and Guarantors to change names in accordance with Section 9.1(b) hereof. No Borrower or Guarantor has, during the five years immediately prior to the date hereof, been known by or used any other corporate or fictitious name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property or assets out of the ordinary course of business, except as set forth in such Borrower’s or Guarantor’s Information Certificate. (b) Each Borrower and Guarantor is an organization of the type and organized in the jurisdiction set forth in such Borrower’s and Guarantor’s Information Certificate. Each Borrower’s and Guarantor’s Information Certificate accurately sets forth the organizational identification number of such Borrower or Guarantor or accurately states that such Borrower or Guarantor has none and accurately sets forth the federal employer identification number of such Borrower and Guarantor, subject to the right of each Guarantor or Borrower to change names in accordance with Section 9.1(c) hereof. (c) The chief executive office and mailing address of each Borrower and Guarantor and each Borrower’s and Guarantor’s Records concerning Accounts are located only at the address(es) identified as such in such Borrower’s and Guarantor’s Information Certificate, subject to the rights of each Borrower and Guarantor to change its chief executive office or its mailing address in accordance with Section 9.1(c) hereof, and its only other places of business and the only other locations of Collateral, if any, are the addresses set forth in such Borrower’s or Guarantor’s Information Certificate, subject to the rights of Borrowers and Guarantors to establish new locations in accordance with Section 9.2 hereof. Each Borrower’s and Guarantor’s Information Certificate correctly identifies any of such locations which are not owned by such Borrower or Guarantor and sets forth the owners and/or operators thereof.

Name; State of Organization; Chief Executive Office; Collateral Locations. (a) The exact legal name of each Borrower and Guarantor is as set forth on the signature pages page of this Loan Agreement and in each Borrower’s and Guarantor’s Information the Perfection Certificate, subject to the rights of . The Borrowers and Guarantors to change names in accordance with Section 9.1(b) hereof. No Borrower or Guarantor hashave not, during the five years immediately prior to the date hereofof this Loan Agreement, been known by or used any other corporate or fictitious name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property or assets out of the ordinary course of business, except as set forth in such Borrower’s or Guarantor’s Information the Perfection Certificate. (b) Each Borrower and Guarantor is an organization of the type and organized in the jurisdiction set forth in such Borrower’s and Guarantor’s Information the Perfection Certificate. Each Borrower’s and Guarantor’s Information The Perfection Certificate accurately sets forth the organizational identification number of such Borrower or Guarantor the Borrowers or accurately states that such Borrower or Guarantor has the Borrowers have none and accurately sets forth the federal employer identification number of such Borrower and Guarantor, subject to the right of each Guarantor or Borrower to change names in accordance with Section 9.1(c) hereofBorrowers. (c) The chief executive office and mailing address of each Borrower the Borrowers and Guarantor and each Borrower’s and Guarantor’s the Borrowers’ Records concerning Accounts are located only at the address(es) address identified as such in such Borrower’s and Guarantor’s Information Certificate, subject Schedule 6.2 to the rights of each Borrower Perfection Certificate and Guarantor to change its chief executive office or its mailing address in accordance with Section 9.1(c) hereof, and its their only other places of business and the only other locations of Collateral, if any, are the addresses set forth in such Borrower’s or Guarantor’s Information Schedule 6.2 to the Perfection Certificate, subject to the rights right of the Borrowers and Guarantors to establish new locations in accordance with Section 9.2 hereof8.2 below. (d) Schedule 6.2 to the Perfection Certificate contains a true, accurate and complete list of (i) leases, subleases or assignments of leases, or any agreements similar to the foregoing (together with all amendments, modifications, supplements, renewals or extensions of any thereof), affecting each parcel of Real Property leased by the each Borrower, regardless of whether such Borrower is the landlord or tenant (whether directly or as an assignee or successor in interest) under such lease, sublease, assignment or similar assignment; and (ii) Real Property owned in fee by each Borrower. Each Borrower’s Except as specified in Schedule 6.2 to the Perfection Certificate, each agreement listed therein is in full force and Guarantor’s Information Certificate correctly identifies effect with respect to such Borrower and the Borrower does not have any knowledge of a default that has occurred and is continuing thereunder and each constitutes the legally valid and binding obligation of such locations which are not owned by Borrower, enforceable against such Borrower in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or Guarantor and sets forth the owners and/or operators thereofsimilar laws relating to or limiting creditors’ rights generally or by equitable principles.

Name; State of Organization; Chief Executive Office; Collateral Locations. (a) The exact legal name of each Borrower and Guarantor as of the Closing Date is as set forth on the signature pages page of this Agreement and in each Borrower’s and Guarantor’s Information the Perfection Certificate, subject to the rights of Borrowers and Guarantors to change names in accordance with Section 9.1(b) hereof. No Borrower or Guarantor has, during the five years immediately prior to the date hereofClosing Date, been known by or used any other corporate or fictitious name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property or assets out of the ordinary course of business, except as set forth in such Borrower’s or Guarantor’s Information the Perfection Certificate. (b) Each As of the Closing Date, each Borrower and Guarantor is an organization of the type and organized in the jurisdiction set forth in such Borrower’s and Guarantor’s Information the Perfection Certificate. Each Borrower’s and Guarantor’s Information As of the Closing Date, the Perfection Certificate accurately sets forth the organizational identification number of such Borrower or Guarantor or accurately states that such Borrower or Guarantor has none and accurately sets forth the federal employer identification number of such each Borrower and Guarantor, subject to the right of each Guarantor or Borrower to change names in accordance with Section 9.1(c) hereof. (c) The chief executive office and mailing address of each Borrower and Guarantor and each Borrower’s and Guarantor’s Records concerning Accounts are located only at the address(es) addresses identified as such in such Borrower’s and Guarantor’s Information Certificate, subject to the rights of each Borrower and Guarantor to change its chief executive office or its mailing address in accordance with Section 9.1(c) hereof, Schedule 8.2 hereto and its only other places of business and the only other locations of Collateral, if any, are the addresses set forth in such Borrower’s or Guarantor’s Information CertificateSchedule 8.2 hereto, in each case as of the Closing Date subject to the rights of Borrowers and Guarantors any Borrower or Guarantor to establish new locations after the Closing Date in accordance with Section 9.2 hereofbelow. Each Borrower’s and Guarantor’s Information The Perfection Certificate correctly identifies identifies, as of the Closing Date, any of such locations which are not owned by such a Borrower or Guarantor and sets forth the owners and/or operators thereofof all locations which are not retail store locations.

Name; State of Organization; Chief Executive Office; Collateral Locations. (a) The exact legal name of each Borrower and Guarantor is as set forth on the signature pages page of this Agreement and in each Borrower’s and Guarantor’s the Information Certificate, subject to the rights of Borrowers and Guarantors to change names in accordance with Section 9.1(b) hereof. No Borrower or Guarantor has, during the five years immediately prior to the date hereofof this Agreement, been known by or used any other corporate or fictitious name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property or assets out of the ordinary course of business, except as set forth in such Borrower’s or Guarantor’s the Information Certificate. (b) Each Borrower and Guarantor is an organization of the type and organized in the jurisdiction set forth in such Borrower’s and Guarantor’s the Information Certificate. Each Borrower’s and Guarantor’s The Information Certificate accurately sets forth the organizational identification number of such each Borrower or and Guarantor or accurately states that such Borrower or Guarantor has none and accurately sets forth the federal employer identification number of such each Borrower and Guarantor, subject to the right of each Guarantor or Borrower to change names in accordance with Section 9.1(c) hereof. (c) The chief executive office and mailing address of each Borrower and Guarantor and each Borrower’s and Guarantor’s Records concerning Accounts are located only at the address(es) address identified as such in such Borrower’s and Guarantor’s Information Certificate, subject Schedule 8.2 to the rights of each Borrower and Guarantor to change its chief executive office or its mailing address in accordance with Section 9.1(c) hereof, Information Certificate and its only other places of business and the only other locations of Collateral, if any, are the addresses set forth in such Borrower’s or Guarantor’s Schedule 8.2 to the Information CertificateCertificate (other than goods that are in transit to one of the locations set forth in Schedule 8.2 to the Information Certificate as supplemented by new locations established in accordance with Section 9.2 hereof), subject to the rights of Borrowers and Guarantors any Borrower or Guarantor to establish new locations in accordance with Section 9.2 below, provided, that, Borrowers and Guarantors shall have the right to send Equipment out for repair in the ordinary course of business and consistent with past practices so long as such Equipment is promptly returned upon the completion of such repair to a location set forth on Schedule 8.2 to the Information Certificate (as supplemented by new locations established in accordance with Section 9.2 hereof). Each Borrower’s and Guarantor’s The Information Certificate correctly identifies any of such locations which are not owned by such a Borrower or Guarantor and sets forth the owners and/or operators thereof.

Name; State of Organization; Chief Executive Office; Collateral Locations. (a) The exact legal name of each Borrower and Guarantor is as set forth on the signature pages page of this Agreement and the exact legal name of Parent, Borrower and each Restricted Subsidiary is set forth in each Borrower’s and Guarantor’s the Information Certificate. None of Parent, subject to the rights of Borrowers and Guarantors to change names in accordance with Section 9.1(b) hereof. No Borrower or Guarantor any Restricted Subsidiary has, during the past five years immediately prior to the date hereofyears, been known by or used any other corporate or fictitious name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property or assets out of the ordinary course of business, except as set forth in such Borrower’s or Guarantor’s the Information Certificate. (b) Each Parent, Borrower and Guarantor each Restricted Subsidiary is an organization of the type and organized in the jurisdiction set forth in such Borrower’s and Guarantor’s the Information Certificate. Each Borrower’s and Guarantor’s The Information Certificate accurately sets forth the organizational identification number of such Parent, Borrower or Guarantor and each Restricted Subsidiary or accurately states that such Parent, Borrower or Guarantor any Restricted Subsidiary has none and accurately sets forth the federal employer identification number of such Parent, Borrower and Guarantor, subject to the right of each Guarantor or Borrower to change names in accordance with Section 9.1(c) hereofRestricted Subsidiary. (c) The chief executive office and mailing address of each Parent, Borrower and Guarantor each Restricted Subsidiary and Parent's, Borrower's and each Borrower’s and Guarantor’s Restricted Subsidiary's Records concerning Accounts are located only at the address(es) address identified as such in such Borrower’s and Guarantor’s Information Certificate, subject Schedule 8.2 to the rights of each Borrower and Guarantor to change its chief executive office or its mailing address in accordance with Section 9.1(c) hereof, Information Certificate and its only other places of business and the only other locations of Collateral, if any, are the addresses set forth in such Borrower’s or Guarantor’s Schedule 8.2 to the Information Certificate, subject to the rights right of Borrowers Parent, Borrower and Guarantors each Restricted Subsidiary to establish new locations in accordance with Section 9.2 hereofbelow. Each Borrower’s and Guarantor’s The Information Certificate correctly identifies any of such locations which are not owned by such Parent, Borrower or Guarantor any Restricted Subsidiary and sets forth the owners and/or operators thereof.

Name; State of Organization; Chief Executive Office; Collateral Locations. (a) The As of the date hereof, the exact legal name of each Borrower and Guarantor is as set forth on the signature pages page of this Agreement and in each Borrower’s and Guarantor’s the Information Certificate, subject to the rights of Borrowers and Guarantors to change names in accordance with Section 9.1(b) hereof. No Borrower or Guarantor has, during the five years immediately prior to the date hereofof this Agreement, been known by or used any other corporate or fictitious name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property or assets out of the ordinary course of business, except as set forth in such Borrower’s or Guarantor’s the Information Certificate. (b) Each As of the date hereof, each Borrower and Guarantor is an organization of the type and organized in the jurisdiction set forth in such Borrower’s and Guarantor’s the Information Certificate. Each Borrower’s and Guarantor’s As of the date hereof, the Information Certificate accurately sets forth the organizational identification number of such each Borrower or and Guarantor or accurately states that such Borrower or Guarantor has none and accurately sets forth the federal employer identification number of such each Borrower and Guarantor, subject to the right of each Guarantor or Borrower to change names in accordance with Section 9.1(c) hereof. (c) The As of the date hereof, the chief executive office and mailing address of each Borrower and Guarantor and each Borrower’s 's and Guarantor’s Records concerning Accounts are located only at the address(es) address identified as such in such Borrower’s Sections 12 and Guarantor’s 13 of the Information Certificate, subject to the rights of each Borrower and Guarantor to change its chief executive office or its mailing address in accordance with Section 9.1(c) hereof, Certificate and its only other places of business and the only other locations of Collateral, if any, are the addresses set forth in such Borrower’s or Guarantor’s Section 14 of the Information Certificate, subject to the rights right of Borrowers and Guarantors any Borrower or Guarantor to establish new locations in accordance with Section 9.2 below. As of the date hereof. Each Borrower’s and Guarantor’s , the Information Certificate correctly identifies any of such locations which are not owned by such a Borrower or Guarantor and sets forth the owners and/or operators thereof.