Common use of Security Interest in and Lien on Investments Clause in Contracts

Security Interest in and Lien on Investments. No investment of funds in the Leasing Company Escrow Account shall be made unless the Leasing Company has certified to the Escrow Agent and the Trustees that, upon such investment, each of the Convertible Note Trustee and the Senior Note Trustee will have a first priority perfected Lien and security interest for the benefit of the Convertible Note Trustee and the equal and ratable benefit of the Holders of the Convertible Notes and for the benefit of the Senior Note Trustee and the equal and ratable benefit of the Holders of the Senior Notes in the applicable Investment. A certificate as to a class of investments need not be issued with respect to individual investments in securities in that class if the certificate applicable to the class remains accurate with respect to such individual investments, which continued accuracy the Escrow Agent may conclusively assume. Promptly after the Issue Date, and within 3 months after the anniversary of the Issue Date, until the payment in full of the Senior Notes in accordance with the terms thereof and of the Senior Note Indenture, and all other Obligations then due and owing under the Senior Notes, the Senior Note Indenture, this Agreement and the other Senior Note Collateral Documents, each of the Trustees and the Escrow Agent shall receive an Opinion of Counsel, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the Trust Indenture Act of 1939, as amended (the "TIA").

Security Interest in and Lien on Investments. No investment of funds in the Leasing Company Escrow Account shall be made unless the Leasing Company has certified to the Escrow Agent and the Trustees that, upon such investment, each of the Convertible Senior Note Trustee and the Senior Convertible Note Trustee will have a first priority perfected Lien and security interest for the benefit of the Senior Note Trustee and the equal and ratable benefit of the Holders of the Senior Notes and for the benefit of the Convertible Note Trustee and the equal and ratable benefit of the Holders of the Convertible Notes and for the benefit of the Senior Note Trustee and the equal and ratable benefit of the Holders of the Senior Notes in the applicable Investment. A certificate as to a class of investments need not be issued with respect to individual investments in securities in that class if the certificate applicable to the class remains accurate with respect to such individual investments, which continued accuracy the Escrow Agent may conclusively assume. Promptly after the Issue Date, and within 3 months after the anniversary of the Issue Date, until the payment in full of the Senior Notes in accordance with the terms thereof and of the Senior Note Indenture, and all other Obligations then due and owing under the Senior Notes, the Senior Note Indenture, this Agreement and the other Senior Note Collateral Documents, each of the Trustees and the Escrow Agent shall receive an Opinion of Counsel, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the Trust Indenture Act of 1939, as amended (the "TIA").

Security Interest in and Lien on Investments. No investment of funds in the Leasing Company Escrow Account shall be made unless the Leasing Company has certified to the Escrow Agent, the Issuer, the Collateral Agent and the Trustees Trustee that, upon such investment, each of the Convertible Note Trustee and the Senior Note Trustee Issuer will have a first priority perfected Lien and security interest for the benefit of the Convertible Note Trustee and the equal and ratable benefit of the Holders of the Convertible Notes and for the benefit of the Senior Note Trustee and the equal and ratable benefit of the Holders of the Senior Notes Issuer in the applicable Investment. A certificate as to a class of investments need not be issued with respect to individual investments in securities in that class if the certificate applicable to the class remains accurate with respect to such individual investments, which continued accuracy the Escrow Agent may conclusively assume. Promptly after the Issue Date, and within 3 months after the anniversary of the Issue Date, until the payment in full of the Senior Notes Millennium Issuer Loan in accordance with the terms thereof and of the Senior Note IndentureMillennium Issuer Loan Agreement, and all other Obligations then due and owing under the Senior NotesMillennium Issuer Loan, or the release of all of the funds in the Escrow Account pursuant to the terms hereof, the Senior Note IndentureMillennium Issuer Loan Agreement, this Agreement and the other Senior Note Collateral DocumentsLoan Documents (as defined in the Millennium Issuer Loan Agreement), each the Company shall provide to the Issuer, for the benefit of the Trustees Trustee, the Collateral Agent and the Escrow Agent shall receive Agent, an Opinion of Counsel, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the Trust Indenture Act of 1939, as amended (the "TIA").