Common use of No Liens; Other Financing Statements Clause in Contracts

No Liens; Other Financing Statements. (a) Except for the Security Interest granted to the Collateral Agent hereunder and any security interest and liens contemplated by the Intercreditor Agreement that may in the future be granted to the Lender under the Eligible Loan Facility and except for the Permitted Liens, including, without limitation, the McDonald's Senior Liens, the Company owns and, as to all Collateral whether now existing or hereafter acquired, will continue to own, each item of the Collateral free and clear of all Liens, rights and claims, and the Company shall defend the Collateral against all claims and demands of all Persons at any time claiming the same or any interest therein adverse to the Collateral Agent on the Collateral entitled to priority therein under applicable law. (b) No financing statement or other evidence of any Lien covering or purporting to cover any of the Collateral is on file and is effective in any public office other than (i) financing statements filed or to be filed in connection with the Security Interests granted to the Collateral Agent hereunder, (ii) financing statements filed or to be filed in connection with the Eligible Loan Facility, (iii) financing statements for which proper, executed termination statements have been delivered to the Collateral Agent for filing, (iv) mortgages, deeds of trust, deeds to secure debt, fixture filings, financing statements or other evidence of Liens filed or to be filed in connection with the McDonald's Senior Liens and/or the Subordination Agreement, and (v) financing statements filed by pre-petition creditors as set forth in the Company's Plan of Reorganization but which no longer evidence valid or existing security interests in the Collateral.

No Liens; Other Financing Statements. (a) Except for The Debtor is the Security Interest granted sole legal and equitable owner of each item of Collateral in which it purports to the Collateral Agent hereunder and any grant a security interest and liens contemplated by the Intercreditor Agreement that may in the future be granted to the Lender under the Eligible Loan Facility and except for the Permitted Lienshereunder, including, without limitation, the McDonald's Senior Liens, the Company owns and, as to all Collateral whether now existing or hereafter acquired, will continue to own, own each item of the Collateral free and clear of any and all Liens, rights and claimsor claims of all other Persons, except for Permitted Liens, and the Company Debtor shall defend the Collateral against all claims and demands of all Persons at any time claiming the same or any interest therein materially adverse to the Collateral Agent on the Collateral entitled to priority therein under applicable lawSecured Party. (b) No financing statement or other evidence of any Lien covering or purporting to cover any of the Collateral is on file and is effective in any public office other than (i) financing statements filed or to be filed in connection with the Security Interests security interests granted to the Collateral Agent Secured Party hereunder, (ii) financing statements filed or to be filed in connection with the Eligible Loan Facility, (iii) financing statements for which proper, executed proper termination statements have been delivered to the Collateral Agent Debtor for filing, (iv) mortgages, deeds of trust, deeds to secure debt, fixture filings, financing statements or other evidence of Liens filed or to be filed in connection with the McDonald's Senior Liens and/or the Subordination Agreement, filing and (viii) financing statements filed by pre-petition creditors as evidencing Permitted Liens set forth on Schedule A. (c) This Security Agreement creates a legal, valid and continuing security interest on and in all of the Collateral in which Debtor now has rights and, except with respect to money, registered copyrights, deposit accounts and letter-of-credit rights, all filings and other actions necessary or desirable to perfect and protect such security interest have been duly taken. Accordingly, except for Permitted Liens, the Secured Parties have a fully perfected first priority security interest in all of the Collateral in which Debtor now has rights. Except for Permitted Liens, this Security Agreement will create a legal, valid, continuing and fully perfected first priority security interest in the Company's Plan of Reorganization but Collateral in which no longer evidence valid or existing security interests in the CollateralDebtor later acquires rights, when Debtor acquires those rights.

No Liens; Other Financing Statements. (a) Except for The Debtor is the Security Interest granted sole legal and equitable owner of each item of Collateral in which it purports to the Collateral Agent hereunder and any grant a security interest and liens contemplated by the Intercreditor Agreement that may in the future be granted to the Lender under the Eligible Loan Facility and except for the Permitted Lienshereunder, including, without limitation, the McDonald's Senior Liens, the Company owns and, as to all Collateral whether now existing or hereafter acquired, will continue to own, own each item of the Collateral free and clear of any and all Liens, rights and claimsor claims of all other Persons, except for Permitted Liens, and the Company Debtor shall defend the Collateral against all claims and demands of all Persons at any time claiming the same or any interest therein materially adverse to the Collateral Agent on the Collateral entitled to priority therein under applicable lawSecured Party. (b) No financing statement or other evidence of any Lien covering or purporting to cover any of the Collateral is on file and is effective in any public office other than (i) financing statements filed or to be filed in connection with the Security Interests security interests granted to the Collateral Agent Secured Party hereunder, (ii) financing statements filed or to be filed in connection with the Eligible Loan Facility, (iii) financing statements for which proper, executed proper termination statements have been delivered to the Collateral Agent Debtor for filing, (iv) mortgages, deeds of trust, deeds to secure debt, fixture filings, financing statements or other evidence of Liens filed or to be filed in connection with the McDonald's Senior Liens and/or the Subordination Agreement, filing and (viii) financing statements filed by pre-petition creditors as evidencing Permitted Liens set forth on Schedule A. (c) This Security Agreement creates a legal, valid and continuing security interest on and in all of the Collateral in which Debtor now has rights and, except with respect to money, registered copyrights, deposit accounts and letter-of-credit rights, all filings and other actions necessary or desirable to perfect and protect such security interest have been duly taken. Accordingly, except for Permitted Liens, the Secured Party have a fully perfected first priority security interest in all of the Collateral in which Debtor now has rights. Except for Permitted Liens, this Security Agreement will create a legal, valid, continuing and fully perfected first priority security interest in the Company's Plan of Reorganization but Collateral in which no longer evidence valid or existing security interests in the CollateralDebtor later acquires rights, when Debtor acquires those rights.

No Liens; Other Financing Statements. (a) Except for the Security Interest Interests granted to the Collateral Agent hereunder and any security interest and liens contemplated by the Intercreditor Agreement that may and, in the future be granted to the Lender under the Eligible Loan Facility and except for case of the Permitted Lien Collateral, Permitted Liens (except that First Lien Collateral shall not be subject to Eligible Credit Facility Liens, including, without limitation, the McDonald's Senior Liens), the Company owns and, as to all Collateral whether now existing or hereafter acquired, subject to Section 4.7 hereof and the terms of the Indenture, will continue to own, each item of the Collateral free and clear of all Liens, rights and claims, and the Company shall defend the Collateral against all claims and demands of all Persons at any time claiming the same or any interest therein adverse to the Collateral Agent on the Collateral entitled (other than claims against any Permitted Lien Collateral relating to priority therein under applicable lawany Permitted Lien). (b) Without limiting the generality of the foregoing subparagraph (a), the Company expressly represents, warrants and covenants that it owns all Equipment and Goods constituting Collateral located at the Distribution Center, the Manufacturing Facility and the Headquarters and each item of personal property listed on Schedules 2.1 (a)(iii), (iv) and (v) and will, subject to Section 4.7 hereof and the terms of the Indenture, continue to own such property and all other personal property hereafter acquired and located at the Distribution Center, the Manufacturing Facility and the Headquarters, free and clear of all Liens (other than Permitted Liens), rights or claims including, without limitation, any Liens, rights or claims based upon an assertion that any item of such property is a fixture or an appurtenance to the premises or otherwise has become property of, or subject to, an interest of a landlord. (c) No financing statement or other evidence of any Lien covering or purporting to cover any of the Collateral is on file and is effective in any public office other than (i) financing statements filed or to be filed in connection with the Security Interests granted to the Collateral Agent hereunder, (ii) in the case of the Second Lien Collateral, financing statements filed or to be filed in connection with the Eligible Loan Credit Facility, (iii) in the case of Permitted Lien Collateral, financing statements relating to any Permitted Lien (except that no financing statement regarding Eligible Credit Facility Liens is on file and effective in any public office with respect to First Lien Collateral), and (iv) financing statements for which proper, executed termination statements have been delivered to the Collateral Agent for filing, (iv) mortgages, deeds of trust, deeds to secure debt, fixture filings, financing statements or other evidence of Liens filed or to be filed in connection with the McDonald's Senior Liens and/or the Subordination Agreement, and (v) financing statements filed by pre-petition creditors as set forth in the Company's Plan of Reorganization but which no longer evidence valid or existing security interests in the Collateral.

No Liens; Other Financing Statements. (a) Except for The Debtor is the Security Interest granted sole legal and equitable owner of each item of Collateral in which it purports to the Collateral Agent hereunder and any grant a security interest and liens contemplated by the Intercreditor Agreement that may in the future be granted to the Lender under the Eligible Loan Facility and except for the Permitted Lienshereunder, including, without limitation, the McDonald's Senior Liens, the Company owns and, as to all Collateral whether now existing or hereafter acquired, will continue to own, own each item of the Collateral free and clear of any and all Liens, rights and claimsor claims of all other Persons, except for Permitted Liens, and the Company Debtor shall defend the Collateral against all claims and demands of all Persons at any time claiming the same or any interest therein materially adverse to the Collateral Agent on the Collateral entitled to priority therein under applicable lawSecured Parties. (b) No financing statement or other evidence of any Lien covering or purporting to cover any of the Collateral is on file and is effective in any public office other than (i) financing statements filed or to be filed in connection with the Security Interests security interests granted to the Collateral Agent Secured Parties hereunder, (ii) financing statements filed or to be filed in connection with the Eligible Loan Facility, (iii) financing statements for which proper, executed proper termination statements have been delivered to the Collateral Agent Debtor for filing, (iv) mortgages, deeds of trust, deeds to secure debt, fixture filings, financing statements or other evidence of Liens filed or to be filed in connection with the McDonald's Senior Liens and/or the Subordination Agreement, filing and (viii) financing statements filed by pre-petition creditors as evidencing Permitted Liens set forth on Schedule A. (c) This Security Agreement creates a legal, valid and continuing security interest on and in all of the Collateral in which Debtor now has rights and, except with respect to money, registered copyrights, deposit accounts and letter-of-credit rights, all filings and other actions necessary or desirable to perfect and protect such security interest have been duly taken. Accordingly, except for Permitted Liens, the Secured Parties have a fully perfected first priority security interest in all of the Collateral in which Debtor now has rights. Except for Permitted Liens, this Security Agreement will create a legal, valid, continuing and fully perfected first priority security interest in the Company's Plan of Reorganization but Collateral in which no longer evidence valid or existing security interests in the CollateralDebtor later acquires rights, when Debtor acquires those rights.

No Liens; Other Financing Statements. (a) Except for the Security Interest granted to the Collateral Agent hereunder and any security interest and liens contemplated by the New Intercreditor Agreement Agreements that may in the future be granted to the Lender under the Eligible Loan Credit Facility and except for the Permitted Liens, including, without limitation, the McDonald's Senior Liens, Liens Securing the Existing Notes, and the Liens securing the Eligible Credit Facility, the Company owns and, as to all Collateral whether now existing or hereafter acquired, will continue to own, each item of the Collateral free and clear of all Liens, rights and claims, and the Company shall defend the Collateral against all claims and demands of all Persons at any time claiming the same or any interest therein adverse to the Collateral Agent on the Collateral entitled to priority therein under applicable law. (b) No financing statement or other evidence of any Lien covering or purporting to cover any of the Collateral is on file and is effective in any public office other than for Permitted Liens which shall include, without limitation, (i) financing statements filed or to be filed in connection with the Security Interests granted to the Collateral Agent hereunder, (ii) financing statements filed or to be filed in connection with the Eligible Loan Credit Facility, (iii) financing statements filed in connection with the Existing Notes, (iv) financing statements for which proper, executed termination statements have been delivered to the Collateral Agent for filing, filing and (ivv) mortgages, deeds of trust, deeds to secure debt, fixture filings, financing statements or other evidence of Liens filed or to be filed in connection with the McDonald's Senior Liens and/or the Subordination Agreement, and (v) financing statements filed by pre-petition creditors as set forth in the Company's Plan of Reorganization but which no longer evidence valid or existing security interests in the Collateral.