The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein, and the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten days of the Initial Borrowing Date) a fully perfected security interest in all right, title and interest in all of the Security Agreement Collateral described therein to the extent a security interest therein can be perfected by filing or possession, subject to no other Liens other than Permitted Liens. Following the recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, in the respective forms attached to the Security Agreement, in each case in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, and following the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, in the form attached to the Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Agreement.
Appears in 2 contracts
Samples: Credit Agreement (RCN Corp /De/), Credit Agreement (RCN Corp /De/)
The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties Borrower and the Subsidiary Guarantors in the Security Agreement Collateral described therein, as collateral security for the payment and performance of the Loans and the Collateral Agentother Obligations, for and the benefit Security Agreement, upon the filing of Form UCC-1 financing statements or the Secured Creditorsappropriate equivalent (which filings have been made) or other methods of perfection (which have been completed to the extent required by the Security Agreement), has (or will have within ten days of the Initial Borrowing Date) creates, a fully (and to the extent required by the Security Agreement) perfected first lien on, and security interest in in, all right, title and interest in all of the Security Agreement Collateral described therein to the extent a therein, which security interest therein can shall be perfected by filing or possession, subject to no other Liens other than Permitted Liens. Following the The recordation of (x) the Grant of Security Interest Agreement in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, in the respective forms attached to the Security Agreement, in each case Trademarks in the United States Patent and Trademark Office, Office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement are effective, under applicable law, to perfect the security interest, as collateral security for the payment and performance of the Loans and the other Obligations, granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the such Security Agreement, Agreement in U.S. Patents and following Trademarks and the recordation of the Grant of Security Interest Agreement in U.S. Copyrights, if applicable, in the form attached to the Security Agreement Copyrights with the United States Copyright Office, Office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement are effective under federal law to perfect the security interest, as collateral security for the payment and performance of the Loans and the other Obligations, granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the such Security Agreement.Agreement in U.S.
Appears in 2 contracts
Samples: Credit Agreement (Coinmach Corp), Credit Agreement (Appliance Warehouse of America Inc)
The Security Documents. (a) The provisions of the Amended and Restated Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described thereintherein to the extent that a security interest can be created therein under the UCC, and the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten days of the Initial Borrowing Date) a fully perfected first lien on, and security interest in in, all right, title and interest of the Credit Parties in all of the Security Agreement Collateral described therein (to the extent a such security interest therein can be perfected by filing or possessiona UCC-1 financing statement or, to the extent required by the Amended and Restated Security Agreement, by taking possession of the respective Security Agreement Collateral), subject to no other Liens other than Permitted Liens. Following In addition, the recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Amended and Restated Security Agreement, in each case Agreement in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the Amended and Restated Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings filing and recordation, a perfected security interest in the United States trademarks and patents covered by the Amended and Restated Security Agreement, Agreement and following specifically identified in such Grant and the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Amended and Restated Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the Amended and Restated Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings filing and recordation, a perfected security interest in the United States copyrights covered by the Amended and Restated Security AgreementAgreement and specifically identified in such Grant.
Appears in 2 contracts
Samples: Credit Agreement (Fairpoint Communications Inc), Pledge Agreement (Fairpoint Communications Inc)
The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein, and the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten days have, upon its taking all actions required of it under the Initial Borrowing Date) UCC, a fully perfected security interest in all right, title and interest in all of the Security Agreement Collateral described therein (to the extent a that such security interest therein can be perfected by filing a UCC financing statement or, to the extent required by the Security Agreement, by taking possession of (or possessiontaking certain other actions with respect to) the respective Security Agreement Collateral), subject to no other Liens other than Permitted Liens. Following In addition, the recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms attached to the Security Agreement, in each case in the United States Patent and Trademark Office, together with UCC filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, and following the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Agreement with the United States Copyright Office, together with UCC filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Manitowoc Co Inc)
The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent Agent, for the benefit of the Secured Creditors Creditors, has a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described thereintherein to the extent that a security interest can be created therein under the UCC, and the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten days of the Initial Borrowing Date) a fully perfected first lien on, and security interest in in, all right, title and interest of the Credit Parties in all of the Security Agreement Collateral described therein (to the extent a such security interest therein can be perfected by filing or possessiona UCC-1 financing statement or, to the extent required by the Security Agreement, by taking possession of the respective Security Agreement Collateral), subject to no other Liens other than Permitted Liens. Following In addition, the recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Security Agreement, in each case Agreement in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings filing and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, Agreement and following specifically identified in such Grant and the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings filing and recordation, a perfected security interest in the United States copyrights covered by the Security AgreementAgreement and specifically identified in such Grant.
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The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the respective Credit Parties in the Security Agreement Collateral described therein, and and, in the case of security interests created on the Initial Borrowing Date, the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten 10 days (or 30 days in the case of filings to be made with the United States Copyright Office or 90 days in the case of filings to be made with the United States Patent and Trademark Office) following the Initial Borrowing DateDate will have) a fully perfected security interest in all right, title and interest in all of the Security Agreement Collateral described therein to the extent a security interest therein can be perfected by filing or possessiontherein, subject to no other Liens other than Permitted Liens. Following the The recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, in the respective forms form attached to the Security Agreement, in each case in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States registered trademarks and patents (and applications therefor) covered by the Security Agreement, and following the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, in the form attached to the Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States registered copyrights (and applications therefor) covered by the Security Agreement.
Appears in 1 contract
Samples: Security Agreement (Town Sports International Holdings Inc)
The Security Documents. (a) The provisions of the Security Agreement Documents are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors Parties a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein, and the Collateral Agent, for the benefit of the Secured CreditorsParties, has (or will have within ten days have, upon its taking all actions required of it under the Initial Borrowing Date) UCC, a fully perfected security interest in all right, title and interest in all of the Security Agreement Collateral described therein (to the extent a that such security interest therein can be perfected by filing a UCC financing statement or, to the extent required by the Guarantee and Collateral Agreement, by taking possession of (or possessiontaking certain other actions with respect to) the respective Collateral), subject to no other Liens other than Permitted Liens (or, with respect to any Pledged Collateral (as defined in the Guarantee and Collateral Agreement), no other Liens other than nonconsensual Liens). Following In addition, the recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms attached to the Security Guarantee and Collateral Agreement, in each case in the United States Patent and Trademark Office, together with UCC filings on Form UCC-1 made pursuant to the Security Guarantee and Collateral Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Guarantee and Collateral Agreement, and following the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Guarantee and Collateral Agreement with the United States Copyright Office, together with UCC filings on Form UCC-1 made pursuant to the Security Guarantee and Collateral Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Guarantee and Collateral Agreement.
Appears in 1 contract
Samples: Credit Agreement (Deluxe Corp)
The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein, and the Collateral AgentSecurity Agreement, for upon the benefit filing of Form UCC-1 financing statements or the Secured Creditorsappropriate equivalent (which filings, has (or will have within ten if this representation is being made more than 10 days of after the Initial Borrowing Date) , have been made), create a fully perfected first lien on, and security interest in in, all right, title and interest in all of the Security Agreement Collateral described therein to the extent a security interest therein can be perfected by filing or possessiontherein, subject to no other Liens other than Permitted Liens, to the extent a security interest in such collateral can be perfected by the filing of a financing statement. Following the The recordation of (x) the Grant Assignment of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Security Agreement, in each case Agreement in the United States Patent and Trademark Office, Office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement will be effective when recorded or filed (which recordings or filings, if this representation is being made more than 10 days after the Initial Borrowing Date, have been made), under applicable law, to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, Agreement and following the recordation of the Grant Assignment of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Agreement with the United States Copyright Office, Office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement will be effective when recorded or filed (which recordings or filings, if this representation is being made more than 10 days after the Initial Borrowing Date, have been made) under federal law to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Agreement. Each of the Credit Parties party to the Security Agreement has good and valid title to all Security Agreement Collateral described therein, free and clear of all Liens except those described above in this clause (a).
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The Security Documents. (a) (i) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described thereintherein and (ii) the Security Agreement, and upon the Collateral Agentfiling of Form UCC-1 financing statements or the appropriate equivalent (which filings have been made), for the benefit of the Secured Creditors, has (or will have within ten days of the Initial Borrowing Date) creates a fully perfected first lien on, and security interest in in, all right, title and interest in all of the Security Agreement Collateral described therein to as of the extent a security interest therein can be perfected by filing or possessionRestatement Effective Date, subject to no other Liens other than Permitted Liens, to the extent a security interest in such collateral can be perfected by the filing of a financing statement. Following the The recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Security Agreement, in each case Agreement in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement will be effective when recorded or filed (which recordings or filings have been made), under applicable law, to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, Agreement and following identified in such Grant of Security Interest and the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, will be effective when recorded or filed (which recordings or filings have been made) under federal law to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security AgreementAgreement and identified in such Grant of Security Interest .
Appears in 1 contract
The Security Documents. (a) The On and after the Contribution Effective Time, (i) the provisions of the PCA Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the PCA Credit Parties in the PCA Security Agreement Collateral described thereintherein and (ii) the PCA Security Agreement, and upon the Collateral Agentfiling of Form UCC-1 financing statements or the appropriate equivalent (which filings, for if this representation is being made more than 10 days after the benefit of the Secured CreditorsContribution Effective Time, has (or will have within ten days of the Initial Borrowing Date) been made), creates a fully perfected first lien on, and security interest in in, all right, title and interest in all of the PCA Security Agreement Collateral described therein to as of the extent a security interest therein can be perfected by filing or possessionconsummation of the Contribution, subject to no other Liens other than Permitted Liens, to the extent a security interest in such collateral can be perfected by the filing of a financing statement. Following the The recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the PCA Security Agreement, in each case Agreement in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the PCA Security AgreementAgreement will be effective when recorded or filed (which recordings or filings, if this representation is being made more than 10 days after the Contribution Effective Time, have been made), under applicable law, to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the PCA Security Agreement, Agreement and following identified in such Grant of Security Interest and the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the PCA Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the PCA Security Agreement, will be effective when recorded or filed (which recordings or filings, if this representation is being made more than 10 days after the Contribution Effective Time, have been made) under federal law to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the PCA Security AgreementAgreement and identified in such Grant of Security Interest .
Appears in 1 contract
Samples: Credit Agreement (Pca Valdosta Corp)
The Security Documents. (a) The provisions of the Original Security Agreement are were, and the provisions of the Security Agreement are, effective to create and continue in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties Borrower in the Security Agreement Collateral described therein, and the Collateral AgentOriginal Secu rity Agreement created, for and the benefit of the Secured CreditorsSecurity Agreement creates, has (or will have within ten days of the Initial Borrowing Date) a fully perfected first lien on, and security interest in in, all right, title and interest of the Borrower, in all of the Security Secu rity Agreement Collateral described therein to the extent a security interest therein can be perfected by filing or possessiontherein, subject to no other Liens other than Permitted Liens, and which Lien continues uninterrupted and unaffected by the filing by the Borrower of a petition for relief under the Bankruptcy Code and the con summation of the Reorganization Plan. Following the The recordation of (x) the Grant of Original Security Interest in U.S. Patents, if applicable, and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, in the respective forms attached to the Security Agreement, in each case Agreement in the United States Patent and Trademark Officeoffice together with filings on Form UCC-1 made pur suant to the Original Security Agreement was effective, under federal law, to perfect, and the recordation of the Security Agreement in such office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement will be effective to continue the perfection of, the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Original Security Agreement, and following the recordation filing of the Grant of Security Interest in U.S. Copyrights, if applicable, in the form attached to the Original Security Agreement with the United States Copyright Officeoffice to gether with filings on Form UCC-1 made pursuant to the Original Security Agreement was effective under federal law to perfect, and the recordation of the Security Agreement in such office together with filings on Form UCC-1 made pursuant to the Security AgreementSecu rity Agreement will be effective to continue the perfection of, the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Agreement. The Borrower has good and marketable title to all Security Agreement Collateral described therein, free and clear of all Liens except those described above in this clause (a).
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The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein, and upon the Collateral Agentfiling of Form UCC-1 financing statements or the appropriate equivalent (which filings, for the benefit of the Secured Creditors, has (or will have within ten if this representation is being made more than 10 days of after the Initial Borrowing Date, have been made), such security interests (other than security interests in motor vehicles) a fully perfected security interest in all right, title and interest in all of the Security Agreement Collateral described therein to the extent a security interest therein can shall be perfected by filing or possessionperfected, subject to no other Liens other than Permitted Liens, to the extent a security interest in such collateral can be perfected by the filing of a financing statement. Following the The recordation of (x) the Grant Assignment of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Security Agreement, in each case Agreement in the United States Patent and Trademark Office, Office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement will be effective when recorded or filed (which recordings or filings, if this representation is being made more than 10 days after the Initial Borrowing Date, have been made), under applicable law, to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, Agreement and following the recordation of the Grant Assignment of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Agreement with the United States Copyright Office, Office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement will be effective when recorded or filed (which recordings or filings, if this representation is being made more than 10 days after the Initial Borrowing Date, have been made) under federal law to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Agreement.
Appears in 1 contract
Samples: Credit Agreement (Too Inc)
The Security Documents. (a) The provisions of the Amended and Restated Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties party thereto in the Amended and Restated Security Agreement Collateral described therein, and the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten days of the Initial Borrowing Date) a fully perfected lien on, and security interest in in, all right, title and interest in all of the Amended and Restated Security Agreement Collateral described therein to the extent a security interest therein can be perfected by filing or possessiontherein, subject to no other Liens other than Permitted Liens. Following the The recordation of (x) the Grant Assignment of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Amended and Restated Security Agreement, in each case Agreement in the United States Patent and Trademark Office, Office together with filings on Form UCC-1 made pursuant to the Amended and Restated Security Agreement, the Collateral Agent for the benefit of the Secured Creditors Agreement will havecreate, as may be perfected by such filings filing and recordation, a perfected security interest granted to the Collateral Agent in the United States trademarks and patents covered by the Amended and Restated Security Agreement, Agreement and following the recordation of the Grant Assignment of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Amended and Restated Security Agreement with the United States Copyright Office, Office together with filings on Form UCC-1 made pursuant to the Amended and Restated Security Agreement, the Collateral Agent for the benefit of the Secured Creditors Agreement will havecreate, as may be perfected by such filings filing and recordation, a perfected security interest granted to the Collateral Agent in the United States copyrights covered by the Amended and Restated Security Agreement.
Appears in 1 contract
The Security Documents. (a) The On and after the Initial Borrowing ---------------------- Date, the provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein, and the Collateral AgentSecurity Agreement, for upon the benefit filing of Form UCC-1 financing statements or the Secured Creditorsappropriate equivalent (which filings, has (or will if this representation is being made more than 10 days after the Effective Date, have within ten days of the Initial Borrowing Date) been made), create a fully perfected first lien on, and security interest in in, all right, title and interest in all of the Security Agreement Collateral described therein therein, to the extent that a security interest therein can may be perfected therein by filing or possessiona financing statement under the UCC, subject to no other Liens other than Permitted Liens. Following the The recordation of (x) the Grant Assignment of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Security Agreement, in each case Agreement in the United States Patent and Trademark Office, Office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement will be effective, under applicable law, to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, and following the recordation . Each of the Grant of Security Interest in U.S. Copyrights, if applicable, in the form attached Credit Parties party to the Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant has good and valid title to the all Security Agreement, the Agree ment Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected owned by such filings Credit Party described therein, free and recordation, a perfected security interest clear of all Liens except those described above in this clause (a) and as contemplated by Section 5.07(b) with respect to Liens securing the United States copyrights covered by Existing Credit Facilities which shall be released and terminated on or before the Security AgreementInitial Borrowing Date.
Appears in 1 contract
The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein. Upon the filing of proper financing statements with the appropriate filing offices of each jurisdiction as may be necessary, and the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten days of the Initial Borrowing Date) a fully perfected security interest in all right, title and interest in all of the Security Agreement Collateral described therein therein, to the extent a such security interest therein can be perfected by filing or possessiona financing statement under the UCC, subject to no other Liens other than Permitted Liens. Following the The recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Security Agreement, in each case in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreementsuch Grants, and following the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Agreementsuch Grant.
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The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein, and the Collateral AgentSecurity Agreement, for upon the benefit filing of Form UCC-1 financing statements or the Secured Creditorsappropriate equivalent (which filings have been made), has (or will have within ten days of the Initial Borrowing Date) create a fully perfected first lien on, and security interest in in, all right, title and interest in all of the Security Agreement Collateral described therein to the extent a security interest therein can be perfected by filing or possessiontherein, subject to no other Liens other than Permitted Liens, to the extent a security interest in such collateral can be perfected by the filing of a financing statement. Following the The recordation of (x) the Grant Assignment of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Security Agreement, in each case Agreement in the United States Patent and Trademark Office, Office together with filings on Form UCC-1 made pursuant to the Security AgreementAgreement will be effective when recorded or filed (which recordings or filings have been made), under applicable law, to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, Agreement and following the recordation of the Grant Assignment of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Agreement with the United States Copyright Office, Office together with filings on Form UCC-1 made pursuant to the Security Agreement, Agreement will be effective when recorded or filed (which recordings or filings have been made) under federal law to perfect the security interest granted to the Collateral Agent for the benefit of the Secured Creditors will have, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Agreement. Each of the Credit Parties party to the Security Agreement has good and valid title to all Security Agreement Collateral described therein, free and clear of all Liens except those described above in this clause (a). Except for filings made pursuant to Section 5.10 on or prior to the Restatement Effective Date, no additional filings with respect to the Security Agreement are required at the time of, or in connection with the occurrence of, the Restatement Effective Date.
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The Security Documents. (a) The provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the Credit Parties in the Security Agreement Collateral described therein, and the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten days upon the reregistration of the Initial Borrowing Datecertificates of title for the Vacuum Trucks or the recordation of the Grant of Security Interest in U.S. Trademarks, Patents and Copyrights as described below) a fully perfected first lien on, and security interest in in, all right, title and interest in all of the Security Agreement Collateral described therein to the extent a security interest therein can be perfected by filing or possessiontherein, subject to no other Liens other than Permitted Liens. Following The reregistration of the certificates of title for the Vacuum Trucks reflecting the security interest of the Collateral Agent in such Vacuum Trucks will create a perfected security interest in such Vacuum Trucks. The recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, Patents and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, Trademarks in the respective forms form attached to the Security Agreement, in each case in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States trademarks and patents covered by the Security Agreement, and following the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, Copyrights in the form attached to the Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States copyrights covered by the Security Agreement.
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Samples: Credit Agreement (Hydrochem Industrial Services Inc)
The Security Documents. (a) The Except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws effecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or law), the provisions of the Security Agreement are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors a legal, valid and enforceable security interest in all right, title and interest of the respective Credit Parties in the Security Agreement Collateral described therein, and and, in the case of security interests created on the Initial Borrowing Date, the Collateral Agent, for the benefit of the Secured Creditors, has (or will have within ten 10 days (or 30 days in the case of filings to be made with the United States Copyright Office or 90 days in the case of filings to be made with the United States Patent and Trademark Office) following the Initial Borrowing DateDate will have) a fully perfected security interest in all right, title and interest in all of the Security Agreement Collateral described therein to the extent a security interest therein can be perfected by filing or possessiontherein, subject to no other Liens other than Permitted Liens. Following the The recordation of (x) the Grant of Security Interest in U.S. Patents, if applicable, and (y) the Grant of Security Interest in U.S. Trademarks, if applicable, in the respective forms form attached to the Security Agreement, in each case in the United States Patent and Trademark Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States registered trademarks and patents (and applications therefor) covered by the Security Agreement, and following the recordation of the Grant of Security Interest in U.S. Copyrights, if applicable, in the form attached to the Security Agreement with the United States Copyright Office, together with filings on Form UCC-1 made pursuant to the Security Agreement, the Collateral Agent for the benefit of the Secured Creditors will havecreate, as may be perfected by such filings and recordation, a perfected security interest in the United States registered copyrights (and applications therefor) covered by the Security Agreement.
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Samples: Credit Agreement (Town Sports International Holdings Inc)