Common use of Perfection of Accounts Clause in Contracts

Perfection of Accounts. Borrower hereby represents and warrants to Lender that: (a) This Agreement, together with the other Loan Documents, creates a valid and continuing security interest (as defined in the Uniform Commercial Code) in the Accounts in favor of Lender, which security interest is prior to all other Liens, other than Permitted Encumbrances, and is enforceable as such against creditors of and purchasers from Borrower. Other than in connection with the Loan Documents and except for Permitted Encumbrances, Borrower has not sold or otherwise conveyed any of the Accounts; (b) The Accounts constitute “deposit accounts” or “securities accounts” within the meaning of the Uniform Commercial Code; and (c) None of the Accounts is in the name of any Person other than Borrower, as pledgor, or Lender, as pledgee. Borrower has not consented to any bank’s complying with instructions with respect to any of the Accounts from any Person other than Lender.

Perfection of Accounts. Borrower hereby represents and warrants to Lender that: (a) This Agreement, together with the other Loan Documents, creates create a valid and continuing security interest (as defined in the Uniform Commercial Code) in the Accounts (as defined in the Cash Management Agreement) in favor of Lender, which security interest is prior to all other Liens, other than Permitted Encumbrances, and is enforceable as such against creditors of and purchasers from Borrower. Other than in connection with the Loan Documents and except for Permitted Encumbrances, Borrower has not sold or otherwise conveyed any of the Accounts; (b) The Accounts constitute “"deposit accounts” " or “"securities accounts” " within the meaning of the Uniform Commercial Code, as set forth in the Cash Management Agreement; and (c) None of the The Accounts is are not in the name of any Person other than Borrower, as pledgor, or Lender, as pledgee. Borrower has not consented to any bank’s Agent's complying with instructions with respect to any of the Accounts from any Person other than Lender.

Perfection of Accounts. Borrower hereby represents represents, warrants and warrants covenants to Lender that: (a) This Agreement, together with the other Loan Documents, creates create a valid and continuing security interest (as defined in the Uniform Commercial Code) in the Accounts (as defined in the Mezzanine Cash Management Agreement) in favor of Lender, which security interest is prior to all other Liens, other than Permitted Encumbrances, and is enforceable as such against creditors of and purchasers from Borrower. Other than in connection with the Loan Documents and except for Permitted EncumbrancesDocuments, Borrower has not sold or otherwise conveyed any of the Accounts; (b) The Accounts constitute “deposit accounts” or “securities accounts” within the meaning of the Uniform Commercial Code, as set forth in the Cash Management Agreement; and (c) None of the The Accounts is are not in the name of any Person other than Borrower, as pledgor, or Lender, as pledgee. Borrower has not consented to any bankAgent’s complying with instructions with respect to any of the Accounts from any Person other than Lender.