Common use of Status of Security Interest Clause in Contracts

Status of Security Interest. (a) upon the filing of financing statements naming Grantor as “debtor” and the Lender as “secured party” and describing the Collateral in the filing offices set forth opposite Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the jurisdiction where such filing is made will constitute a valid, perfected, first priority Lien subject, in the case of priority only, to any Permitted Liens with respect to Collateral. This Agreement is effective to establish the Lender’s Control of the Collateral subject thereto; and (b) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by Grantor of the Liens purported to be created in favor of the Lender hereunder or (ii) the exercise by Lender of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, (B) those that have been obtained prior to the date of determination, (C) as may be required, in connection with the disposition of any Pledged Stock, by laws generally affecting the offering and sale of Securities, and (D) as may be required in connection with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, under applicable Change of Control Laws.

Status of Security Interest. (a) (i) upon the filing of financing statements naming each Grantor as “debtor” and the Lender Agent as “secured party” and describing the Collateral in the filing offices set forth opposite such Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender Agent in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the any jurisdiction where such filing is made will constitute a valid, perfected, first first-priority Lien subject, in the case of priority only, to any Permitted Liens with respect to Collateral. This Agreement the Collateral and (ii) each agreement purporting to give Agent Control over any Collateral is effective to establish the LenderAgent’s Control of the Collateral subject thereto; and; (b) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by any Grantor of the Liens purported to be created in favor of the Lender Agent hereunder or (ii) the exercise by Lender Agent of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (aSection 5.4(a) above, above and (B) those that have been obtained prior to the date of determination, (C) as may be required, in connection with the disposition of any Pledged StockInvestment Related Property, by laws generally affecting the offering and sale of Securities, and ; and (Dc) as may be required each Grantor is in connection compliance with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, its obligations under applicable Change of Control LawsSection 4.

Status of Security Interest. (a) upon the filing of financing statements naming Grantor as “debtor” and the Lender as “secured party” and describing the Collateral in the filing offices set forth opposite Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the any jurisdiction where such filing is made will constitute a valid, perfected, first priority Lien subject, in the case of priority only, to any Permitted Liens with respect to Collateral. This Agreement Each agreement purporting to give the Lender Control over any Collateral is effective to establish the Lender’s Control of the Collateral subject thereto; and (b) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by Grantor of the Liens purported to be created in favor of the Lender hereunder or (ii) the exercise by Lender of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, (B) those that have been obtained prior to the date of determination, determination and (C) as may be required, in connection with the disposition of any Pledged Stock, by laws generally affecting the offering and sale of Securities, and (D) as may be required in connection with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, under applicable Change of Control Laws.

Status of Security Interest. (a) upon the filing of financing statements naming Grantor as “debtor” and the Lender as “secured party” and describing the Collateral in the filing offices set forth opposite Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the any jurisdiction where such filing is made will constitute a valid, perfected, first priority Lien subject, in the case of priority only, to any Permitted Liens with respect to Collateral. This Agreement Each agreement purporting to give the Lender Control over any Collateral is effective to establish the Lender’s Control of the Collateral subject thereto; and (b) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by Grantor of the Liens purported to be created in favor of the Lender hereunder or (ii) the exercise by Lender of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, (B) those that have been obtained prior to the date of determination, determination and (C) as may be required, in connection with the disposition of any Pledged StockInvestment Related Property, by laws generally affecting the offering and sale of Securities, Securities and (D) as may be required in connection with the exercise of voting and consensual rights with respect to, and any Transfer regulations of any of the Pledged Shares, under applicable Change of Control LawsBank Regulatory Authority.

Status of Security Interest. (a) (i) upon the filing of financing statements naming Grantor as “debtor” and the Lender as “secured party” and describing the Collateral in the filing offices set forth opposite Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the jurisdiction where such filing is made will constitute a valid, perfected, first priority Lien subject, in the case of priority only, to any Permitted Liens with respect to CollateralCollateral and (ii) upon delivery of all certificated Pledged Shares the security interests granted to Lender hereunder constitute valid and perfected first priority Liens. This Agreement is effective to establish the Lender’s Control of the Collateral subject thereto; and (b) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by Grantor of the Liens purported to be created in favor of the Lender hereunder or (ii) the exercise by Lender of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, (B) those that have been obtained prior to the date of determination, (C) as may be required, in connection with the disposition of any Pledged Stock, by laws generally affecting the offering and sale of Securities, and (D) as may be required in connection with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, under applicable Change of Control Laws.

Status of Security Interest. (a) upon the filing of financing statements naming Grantor as “debtor” and the Lender as “secured party” and describing the Collateral in the filing offices set forth opposite Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the any jurisdiction where such filing is made will constitute a valid, perfected, first priority Lien subject, in the case of priority only, to any Permitted Liens with respect to Collateral. This Agreement Each agreement purporting to give the Lender Control over any Collateral is effective to establish the Lender’s Control of the Collateral subject thereto; and (b) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by Grantor of the Liens purported to be created in favor of the Lender hereunder or (ii) the exercise by Lender of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, (B) those that have been obtained prior to the date of determination, determination and (C) as may be required, in connection with the disposition of any Pledged StockInvestment Related Property, by laws generally affecting the offering and sale of Securities, and (D) as may be required in connection with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, under applicable Change of Control Laws.. D-2212120_3 5

Status of Security Interest. (a) upon the filing of financing statements naming each Grantor as “debtor” and the Lender Collateral Agent as “secured party” and describing the Collateral in the filing offices set forth opposite such Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender Collateral Agent in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the any jurisdiction where such filing is made will constitute a valid, perfected, first priority Lien subject, Liens subject in the case of priority only, to any Permitted Liens with respect to Collateral. This Agreement Each agreement purporting to give the Collateral Agent Control over any Collateral is effective to establish the LenderCollateral Agent’s Control of the Collateral subject thereto; and (b) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by any Grantor of the Liens purported to be created in favor of the Lender Collateral Agent hereunder or (ii) the exercise by Lender Collateral Agent of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, above and (B) those that have been obtained prior to the date of determination, (C) as may be required, in connection with the disposition of any Pledged StockInvestment Related Property, by laws generally affecting the offering and sale of Securities, and (D) as may be required in connection with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, under applicable Change of Control Laws.

Status of Security Interest. (ai) upon the filing of financing statements naming each Grantor as “debtor” and the Lender Collateral Agent as “secured party” and describing the Collateral in the filing offices set forth opposite such Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender Collateral Agent in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the any jurisdiction where such filing is made will constitute a valid, perfected, first priority Lien subjectLiens. The deposit account control agreement entered into on the date hereof among the Collateral Agent, in DUHI and the case of priority only, to any Permitted Liens with respect to Collateral. This Agreement bank maintaining the Collateral Account is effective to establish the LenderCollateral Agent’s Control of the Collateral subject thereto; andAccount; (bii) the Grantors have delivered or caused to be delivered to the Collateral Agent, duly indorsed or in blank, all originals of Documents evidencing title to Inventory owned by Lion and XXXX that is located on ships on the date hereof to the extent required under this Agreement; (iii) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by any Grantor of the Liens purported to be created in favor of the Lender Collateral Agent hereunder or (ii) the exercise by Lender Collateral Agent of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, ; and (Biv) those that have been obtained prior to the date of determination, (C) as may be required, each Grantor is in connection compliance with the disposition of any Pledged Stock, by laws generally affecting the offering and sale of Securities, and (D) as may be required in connection with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, its obligations under applicable Change of Control LawsSection 4 hereof.

Status of Security Interest. (a) upon (i) the filing of financing statements naming Grantor the Pledgor as “debtor” and the Lender Collateral Agent as “secured party” and describing the Collateral in the filing offices office set forth opposite Grantorthe Pledgor’s name on Schedule 5.4 4.1 hereof (as such schedule may be amended or supplemented from time to time)) and (B) delivery of all certificated Pledged Equity Interests, the security interest of the Lender in all Collateral that can be perfected by Agent granted to the filing of a financing statement under the Uniform Commercial Code as in effect in the jurisdiction where such filing is made Collateral Agent hereunder will constitute a valid, perfected, first priority Lien subject, subject in the case of priority only, to any Permitted Liens with respect to Collateral. This Agreement is effective to establish the Lender’s Control of the Collateral subject thereto; and. (b) except as have been obtained or made and are in full force and effect, no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by Grantor the Pledgor of the Liens purported to be created in favor of the Lender Collateral Agent hereunder or (ii) the exercise by Lender Collateral Agent of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, above and (B) those that have been obtained prior to the date of determination, (C) as may be required, in connection with the disposition of any Pledged StockEquity Interests, by laws generally affecting the offering and sale of Securities, and ; and (Dc) as may be required the Pledgor is in connection compliance with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, its obligations under applicable Change of Control LawsSection 5 hereof.

Status of Security Interest. (a) upon the filing of financing statements naming Grantor as “debtor” and the Lender as “secured party” and describing the Collateral in the filing offices set forth opposite Grantor’s name on Schedule 5.4 hereof (as such schedule may be amended or supplemented from time to time), the security interest of the Lender in all Collateral that can be perfected by the filing of a financing statement under the Uniform Commercial Code as in effect in the any jurisdiction where such filing is made will constitute a valid, perfected, first priority Lien subject, in the case of priority only, subject to any Permitted Liens with respect to Collateral. This Agreement Each agreement purporting to give the Lender Control over any Collateral is effective to establish the Lender’s Control of the Collateral subject thereto. No security agreement, financing statement, equivalent security or lien instrument, or continuation statement listing Grantor as debtor covering all or any part of the Collateral is on file or of record in any jurisdiction, except such as may have been filed for the benefit of the Lender or made by the Grantor pursuant to this Agreement or the Loan Agreement; and (b) no authorization, consent, approval or other action by, and no notice to or filing with, any Governmental Authority or regulatory body or any other Person is required for either (i) the pledge or grant by Grantor of the Liens purported to be created in favor of the Lender hereunder or (ii) the exercise by Lender of any rights or remedies in respect of any Collateral (whether specifically granted or created hereunder or created or provided for by applicable law), except (A) for the filings contemplated by clause (a) above, (B) those that have been obtained prior to the date of determination, determination and (C) as may be required, in connection with the disposition of any Pledged StockInvestment Related Property, by laws generally affecting the offering and sale of Securities, and (D) as may be required in connection with the exercise of voting and consensual rights with respect to, and any Transfer of any of the Pledged Shares, under applicable Change of Control Laws.