Common use of Non-UCC Property Clause in Contracts

Non-UCC Property. The aggregate fair market value (as determined by the Borrower in good faith) of all property other than Rolling Stock of the Assignors of the types described in clauses (1), (2) and (3) of Section 9-311(a) of the Uniform Commercial Code does not exceed $1.0 million. If the aggregate value of all such property at any time owned by all Assignors exceeds $1.0 million, the Borrower shall provide prompt written notice thereof to the Collateral Agent and, upon the request of the Collateral Agent, the Assignors shall promptly (and in any event within 30 days) take such actions (at their own cost and expense) as may be required under the respective United States, State or other laws referenced in Section 9-311(a) of the Uniform Commercial Code to perfect the security interests granted herein in any Collateral where the filing of a financing statement does not perfect the security interest in such property in accordance with the provisions of Section 9-311(a) of the Uniform Commercial Code.

Non-UCC Property. The aggregate fair market value (as determined by the Borrower in good faith) of all property other than Rolling Stock of the Assignors of the types described in clauses (1), (2) and (3) of Section 9-311(a) of the Uniform Commercial Code does not exceed $1.0 million500,000. If the aggregate value of all such property at any time owned by all Assignors exceeds $1.0 million500,000, the Borrower shall provide prompt written notice thereof to the Collateral Agent and, upon the request of the Collateral Agent, the Assignors shall promptly (and in any event within 30 days) take such actions (at their own cost and expense) as may be required under the respective United States, State or other laws referenced in Section 9-311(a) of the Uniform Commercial Code to perfect the security interests granted herein in any Collateral where the filing of a financing statement does not perfect the security interest in such property in accordance with the provisions of Section 9-311(a) of the Uniform Commercial Code.

Non-UCC Property. The aggregate fair market value (as determined by the Borrower Assignors in good faith) of all property other than Rolling Stock of the Assignors of the types type described in clauses clause (1), (2) and (3) of Section 9-311(a) of the Uniform Commercial Code UCC does not exceed $1.0 million5,000,000. If the aggregate value of all such property at any time owned by all Assignors exceeds $1.0 million5,000,000, the Borrower Assignors shall provide prompt written notice thereof to the Second-Lien Collateral Agent and, upon the request of the Second-Lien Collateral Agent, the Assignors shall promptly (and in any event within 30 days) take such actions (at their own cost and expense) as may be required under the respective United States, State States or other laws laws, regulations or treaties referenced in Section 9-311(a311(a)(1) of the Uniform Commercial Code UCC to perfect the security interests granted herein in any Collateral where the filing of a financing statement does not perfect the security interest in such property in accordance with the provisions of Section 9-311(a311(a)(1) of the Uniform Commercial CodeUCC.