Common use of Security Interest in Investments Clause in Contracts

Security Interest in Investments. No investment of funds in the Interest Escrow Account shall be made unless the Company has certified to Escrow Agent upon advice of legal counsel that, upon such investment, the Trustee will have a first perfected security interest in the applicable investment (such advice of legal counsel relating solely to the manner of perfecting a security interest in a particular type of investment, but not to whether such perfection has been achieved in the instance). 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. When and if the Indenture is qualified under the Trust Indenture Act of 1939, as amended (the "TIA"), on such date and on each anniversary of such date until the date upon which the balance of the Available Funds shall have been reduced to zero, each of the Trustee and the Escrow Agent shall receive an opinion of counsel to the Company, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the TIA.

Security Interest in Investments. No investment of funds in the Interest Escrow Account shall be made unless the Company has certified to the Escrow Agent upon advice of legal counsel and the Trustee that, upon such investment, the Trustee (acting in the name and on behalf of the Beneficiaries as appropriate) will have a first priority perfected security interest in the applicable investment investment. On the date of this Agreement, and on each anniversary thereof (such advice upon receipt of legal counsel relating solely written notice from the Escrow Agent), until the date upon which the balance of the Available Funds with respect to each Escrow Account shall have been reduced to zero, each of the Trustee and the Escrow Agent shall receive an Opinion of Counsel to the manner Company, dated such date as applicable, which opinion shall confirm the foregoing and in respect to the Escrow Account, shall meet the requirements of perfecting Section 314(b) of the United States Trust Indenture Act of 1939, as amended (the "TIA") and shall comply with Sections 11.4 and 11.5 of the Indenture. If a security interest in a particular type of investment, but not to whether such perfection has been achieved in the instance). A certificate or opinion as to a class of investments has been provided to the Escrow Agent, a certificate or opinion need not be issued with respect to individual investments in securities in that class if the certificate or opinion applicable to the class remains accurate with respect to such individual investments, which continued accuracy the Escrow Agent may conclusively assume. When and if the Indenture is qualified under the Trust Indenture Act of 1939, as amended (the "TIA"), on such date and on each anniversary of such date until the date upon which the balance of the Available Funds shall have been reduced to zero, each of the Trustee and the Escrow Agent shall receive an opinion of counsel to the Company, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the TIA.

Security Interest in Investments. No investment of funds in the Interest Escrow Account shall be made unless the Company has certified to Escrow Agent upon advice of legal counsel that, upon such investment, the Trustee will have a first perfected security interest in the applicable investment (such advice of legal counsel relating solely to the manner of perfecting a security interest in a particular type of investment, but not to whether such perfection has been achieved in the instance). 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. When and if the Indenture is qualified under the Trust Indenture Act of 1939, as amended (the "TIA"), to the extent, if any, that Section 314(b) of the TIA is applicable, on such date and on each annual anniversary of such date until the date upon which the balance of the Available Funds shall have been reduced to zero, each of the Trustee and the Escrow Agent shall receive an opinion of counsel to the Company, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the TIA.

Security Interest in Investments. No investment of funds in the Interest Escrow Account shall be made unless the Company has certified in writing to Escrow Agent upon advice of legal counsel that, upon such investment, the Trustee will have a valid and perfected first perfected priority security interest in the applicable investment (such advice of legal counsel relating solely to the manner of perfecting a security interest in a particular type of investment, but not to whether such perfection has been achieved in the instance). 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. When and if the Indenture is qualified under the Trust Indenture Act of 1939, as amended (the "TIA"), to the extent, if any, that Section 314(b) of the TIA is applicable, on such date and on each annual anniversary of such date until the date upon which the balance of the Available Funds shall have been reduced to zero, each of the Trustee and the Escrow Agent shall receive an opinion of counsel to the Company, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the TIA.

Security Interest in Investments. No investment of funds in the Interest Escrow Account shall be made unless the Company has Issuers have certified to Escrow Agent upon advice of legal counsel that, upon such investment, the Trustee will have a first perfected security interest in the applicable investment (such advice of legal counsel relating solely to the manner of perfecting a security interest in a particular type of investment, but not to whether such perfection has been achieved in the instance). 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. When and if the Indenture is qualified under the Trust Indenture Act of 1939, as amended (the "TIA"), on such date and on each anniversary of such date until the date upon which the balance of the Available Funds shall have been reduced to zero, each of the Trustee and the Escrow Agent shall receive an opinion of counsel to the CompanyIssuers, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the TIA.

Security Interest in Investments. No investment of funds in the Interest Escrow Account Accounts shall be made unless unless, if requested by the Company has Escrow Agent, the Issuers have certified to Escrow Agent upon advice of legal counsel that, upon such investment, the Trustee will have a first perfected security interest in the applicable investment (such advice of legal counsel relating solely to the manner of perfecting a security interest in a particular type of investment, but not to whether such perfection has been achieved in the instance). 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. When and if the Indenture is qualified under the Trust Indenture Act of 1939, as amended (the "TIA"), on such date and on each anniversary of such date until the date upon which the balance of the Available Funds shall have been reduced to zero, each of the Trustee and the Escrow Agent shall receive an opinion of counsel to the CompanyIssuers, dated each such date as applicable, which opinion shall meet the requirements of Section 314(b) of the TIA.