Common use of Trade Names; Change of Name Clause in Contracts

Trade Names; Change of Name. No Assignor has or operates in any jurisdiction under, or in the preceding 12 months has had or has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F hereto. No Assignor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No Assignor shall assume or operate in any jurisdiction under any new trade, fictitious or other name until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action to maintain the security interests of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No Assignor The Obligor has or operates not and does not operate in any jurisdiction under, or in the preceding 12 twelve months has not had or and has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, including any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F heretoSchedule 4.1(g) Schedule 4.1(g). No Assignor The Obligor has only operated under each name set forth in Schedule 4.1(g) in the jurisdiction or jurisdictions set forth opposite each such name on Schedule 4.1(g). The Obligor shall not change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F hereto and new Schedule 4.1(g) in the jurisdictions listed with respect to such names (including, without limitation, including any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 2.74.1(g). No Assignor The Obligor shall not assume or operate in any jurisdiction under any new trade, fictitious or other name or, to the extent such operation might impair the creation, maintenance, perfection or priority of any Security Interest granted hereunder, operate under any existing name in any additional jurisdiction until (i) it shall have given to the Collateral Agent not less than 30 days' ’ prior written notice of its intention so to do, clearly describing such new name and and/or jurisdiction and, in the case of a new name, the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, ; and (ii) with respect to such new namename and/or new jurisdiction, it shall have taken all action to maintain the security interests Security Interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel or other evidence reasonably acceptable to the Collateral Agent to the effect that all financing or and continuation statements and amendments or supplements thereto (and similar documents and filings under the law of any relevant jurisdiction) have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, including the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted herebyhereby (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1).

Trade Names; Change of Name. No Assignor has or operates in any jurisdiction under, or in the preceding 12 months five years has had or has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F heretosuch Assignor's Information Disclosure Certificate. Each Assignor has operated only under each name set forth in such Assignor's Information Disclosure Certificate in the jurisdiction or jurisdictions set forth opposite each such name on such Information Disclosure Certificate. No Assignor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F hereto its Information Disclosure Certificate and in the jurisdictions listed with respect to such names and new names (including, without limitation, any names of divisions or operations) and/or jurisdictions established in accordance with the last sentence of this Section 2.73.6. No Assignor shall assume or operate in any jurisdiction under any new trade, fictitious or other name or operate under any existing name in any additional jurisdiction until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and and/or jurisdiction and, in the case of a new name, the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, and (ii) with respect to such new namename and/or new jurisdiction, it shall have taken all action to maintain the first priority security interests interest of the Collateral Agent in the Collateral intended to be granted hereby hereby, at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted herebyeffect.

Trade Names; Change of Name. No The Assignor has does not have or operates operate in any jurisdiction under, or in the preceding 12 months has not had or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F D hereto. No The Assignor shall not change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F D hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No The Assignor shall not assume or operate in any jurisdiction under any new trade, fictitious or other name until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No Assignor As of the date hereof, no Grantor has or operates in any jurisdiction under, or in and since the preceding 12 months later of (a) January 12, 2001, and (b) the date such Grantor became a Subsidiary of Ultimate Parent, has not had or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F Schedule C hereto. No Assignor Grantor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name in any manner which might make any financing statement or continuation statement filed in connection therewith seriously misleading within the meaning of Sections 9-506 or 9-507 (or any analogous provision) of the UCC except those names listed on Annex F Schedule C hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.73.7. No Assignor Grantor shall assume or operate in any jurisdiction under any new trade, fictitious or other name that would make any financing statement, or continuation statement filed in connection therewith, seriously misleading within the meaning of Sections 9-506 or 9-507 (or analogous provision) of the UCC until (ia) it shall have given to the Collateral Agent not less than 30 days' days prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (iib) with respect to such new name, it shall have taken all action necessary to maintain the security interests interest of the Collateral Agent in the Security Agreement Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iiic) at the reasonable request of the Collateral Agent, it shall have furnished an opinion of counsel in form and substance reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other necessary actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No Assignor As of the date hereof, no Grantor has or operates in any jurisdiction under, or in and since the preceding 12 months later of (a) January 12, 2001, and (b) the date such Grantor became a Subsidiary of Xxxxx Xxxxx, has not had or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F Schedule C hereto. No Assignor Grantor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name in any manner which might make any financing statement or continuation statement filed in connection therewith seriously misleading within the meaning of Sections 9-506 or 9-507 (or any analogous provision) of the UCC except those names listed on Annex F Schedule C hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.73.7. No Assignor Grantor shall assume or operate in any jurisdiction under any new trade, fictitious or other name that would make any financing statement, or continuation statement filed in connection therewith, seriously misleading within the meaning of Sections 9-506 or 9-507 (or analogous provision) of the UCC until (ia) it shall have given to the Collateral Agent not less than 30 days' days prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (iib) with respect to such new name, it shall have taken all action necessary to maintain the security interests interest of the Collateral Agent in the Security Agreement Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iiic) at the reasonable request of the Collateral Agent, it shall have furnished an opinion of counsel in form and substance reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other necessary actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No The Assignor has does not have or operates operate in any jurisdiction under, or in the preceding pre ceding 12 months has not had or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F D hereto. No The Assignor shall not change its legal name or assume or operate in any jurisdiction under any trade, fictitious ficti tious or other name except those names listed on Annex F D hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No The Assignor shall not assume or operate in any jurisdiction under any new trade, fictitious or other name until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished fur nished an opinion of counsel acceptable to the Collateral Agent to the effect that all financing or continuation statements state ments and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain main tain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No Assignor The Borrower has or operates not operated nor does operate in any jurisdiction under, or in the preceding 12 months has had or nor has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name (which is as set forth in the preamble of this Agreement) and such other trade, fictitious or other names as are listed on Annex F ANNEX D hereto. No Assignor The Borrower shall not change its legal name or nor assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No Assignor shall assume or operate in any jurisdiction under manner which might make any new trade, fictitious financing statement or other name continuation statement filed in connection therewith seriously misleading within the meaning of Section 9-506 of the UCC unless and until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and effect, (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and (iv) upon its reasonable request, the Collateral Agent shall have received evidence that all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby." (e) Article III of the Borrower Security Agreement is amended by inserting the following immediately after Section 3.7 therein:

Trade Names; Change of Name. No Assignor has or operates in any jurisdiction underjurisdiction, or in the preceding 12 months has had or has operated in any jurisdiction underjurisdiction, under any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed under its name on Annex F heretoSchedule 2.1(i). The true and correct corporation identification number (if applicable) or other applicable formation identification number (if applicable) of each Assignor, the exact legal name of each Assignor as it appears in official filings in the state of its incorporation or organization and the jurisdiction of incorporation or organization of each Assignor is set forth on Schedule 2.1(i). No Assignor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No Assignor shall assume or operate in any jurisdiction under manner which might make any new trade, fictitious financing statement or other name continuation statement filed in connection therewith misleading within the meaning of Article 9 of the UCC until (i) it shall have given to the Collateral Agent not less than 30 days' ’ prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action to maintain the security interests of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and effect, (iii) at the reasonable request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and (iv) the Collateral Agent shall have received evidence reasonably satisfactory to it that all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest interests granted hereby.

Trade Names; Change of Name. No Each Assignor has or operates not operated nor does operate in any jurisdiction under, or in the preceding 12 months has had or nor has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name (which is as set forth in Annex B to this Agreement) and such other trade, fictitious or other names as are listed on Annex F D hereto. No Each Assignor shall not change its legal name or nor assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No Assignor shall assume or operate in any jurisdiction under manner which might make any new trade, fictitious financing statement or other name continuation statement filed in connection therewith seriously misleading within the meaning of Section 9-506 of the UCC unless and until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and effect, (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and (iv) upon its reasonable request, the Collateral Agent shall have received evidence that all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby." (e) Article III of the Subsidiary Security Agreement is amended by inserting the following immediately after Section 3.7 therein:

Trade Names; Change of Name. No Assignor has or operates in any jurisdiction under, or in the preceding 12 months has had or has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F D hereto. No Assignor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F D hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No Assignor Assignors shall assume or operate in any jurisdiction under any new trade, fictitious or other name until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it such Assignor shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it such Assignor shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No Assignor As of the date hereof, no Grantor has or --------------------------- operates in any jurisdiction under, or and in the preceding 12 months has not had or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F in Schedule C hereto. No Assignor Grantor shall change its legal ---------- name or assume or operate in any jurisdiction under any trade, fictitious or other name in any manner which might make any financing statement or continuation statement filed in connection therewith seriously misleading within the meaning of Section 9-402(7) (or any analogous provision) of the UCC except those names listed on Annex F Schedule C hereto and new names (including, without ---------- limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.73.7. No Assignor Grantor shall assume or operate in ----------- any jurisdiction under any new trade, fictitious or other name that would make any financing statement, or continuation statement filed in connection therewith, seriously misleading within the meaning of Section 9-402(7) (or analogous provision) of the UCC until (ia) it shall have given to the Collateral Agent not less than 30 days' days prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (iib) with respect to such new name, it shall have taken all action necessary to maintain the security interests interest of the Collateral Agent in the Security Agreement Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iiic) at the reasonable request of the Collateral Agent, it shall have furnished an opinion of counsel in form and substance reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other necessary actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No Assignor The Borrower has or operates not operated nor does operate in any jurisdiction under, or in the preceding 12 months has had or nor has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name (which is as set forth in the preamble of this Agreement) and such other trade, fictitious or other names as are listed on Annex F D hereto. No Assignor The Borrower shall not change its legal name or nor assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No Assignor shall assume or operate in any jurisdiction under manner which might make any new trade, fictitious financing statement or other name continuation statement filed in connection therewith seriously misleading within the meaning of Section 9-506 of the UCC unless and until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and effect, (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and (iv) upon its reasonable request, the Collateral Agent shall have received evidence that all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby." (e) Article III of the Borrower Security Agreement is amended by inserting the following immediately after Section 3.7 therein:

Trade Names; Change of Name. No Assignor has or operates in any jurisdiction under, or in the preceding 12 months previously has had or has operated in any jurisdiction within the five year period preceding the date of this Agreement under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, trade or fictitious or other names as are listed on Annex F D hereto. No Assignor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F D hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.72.6. No Assignor shall assume or operate in any jurisdiction under any new trade, fictitious or other name until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action requested by the Collateral Agent, to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and effect, (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and (iv) the Collateral Agent shall have received evidence that all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the first priority security interest granted hereby.

Trade Names; Change of Name. No Assignor has or operates in any jurisdiction under, or in the preceding 12 months has had or has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, trade or fictitious or other names as are listed on Annex F heretoD hereto for such Assignor. No Assignor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F D hereto for such Assignor and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.72.8. No Assignor shall assume or operate in any jurisdiction under any new trade, fictitious or other name until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action reasonably requested by the Collateral Agent to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted herebyhereby in respect of the types of Collateral referred to in Section 2.1 hereof.

Trade Names; Change of Name. No Assignor has or As of the Closing Date, no Grantor operates in any jurisdiction under, or in the preceding 12 months has had or has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed for such Grantor on Annex F Exhibit E hereto. No Assignor Grantor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed for such Grantor on Annex F Exhibit E hereto and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.73.6. No Assignor Grantor shall assume or operate in any jurisdiction under any new trade, fictitious or other name until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times to be fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed thereto, as necessary, for filing in the appropriate filing office or offices, and taken all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been takennecessary, in order to perfect (and maintain the perfection and priority of) the security interest granted herebySecurity Interest. Any such notice of change in or additions to trade, fictitious or other names on Schedule E, shall, after compliance with the immediately preceding sentence, be deemed to amend such Exhibit to reflect such change or addition, to the same extent as if the Grantor, the Agent and each Lender entered into a formal written amendment hereof for such purpose.

Trade Names; Change of Name. No Each Assignor has does not have or operates operate in any jurisdiction under, or in the preceding 12 months 5 years has not had or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F C hereto. No Such Assignor has only operated under each name set forth on Annex C hereto in the jurisdiction or jurisdictions set forth opposite each such name on such Annex C. Such Assignor shall not change its legal name or assume or operate in on any jurisdiction under any trade, fictitious or other name except those names listed on Annex F C hereto in the jurisdictions listed with respect to such names and new names (including, without limitation, any names of divisions or operations) and/or jurisdictions established in accordance with the last sentence of this Section 2.72.6. No Such Assignor shall not assume or operate in any jurisdiction under any new trade, fictitious or other name or operate under any existing name in any additional jurisdiction until (i) it shall have given to the Collateral Agent not less than 30 days' prior written notice of its intention so to do, clearly describing such new name and and/or jurisdiction and, in the case of a new name, the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new namename and/or new jurisdiction, it shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect effect, and (iii) at the reasonable request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No Such Assignor has does not have or operates operate in any jurisdiction under, or in within the five year period preceding 12 months the date of this Agreement previously has not had or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, including any names of divisions or operations) except its legal name as specified on Annex C hereto and such other trade, trade or fictitious or other names as are listed on Annex F D hereto. No Such Assignor shall not change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F Annexes C and D hereto in the jurisdictions listed with respect to such names and new names (including, without limitation, any names of divisions or operations) and/or jurisdictions established in accordance with the last sentence of this Section 2.7. No Such Assignor shall not assume or operate in any jurisdiction under any new trade, fictitious or other name or operate under any existing name in any additional jurisdiction until (i) it shall have given to the Collateral Agent not less than 30 days' (or such shorter period of time agreed to by the Collateral Agent) prior written notice of its intention so to do, clearly describing such new name and and/or jurisdiction and, in the case of a new name, the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new namename and/or jurisdiction, it shall have taken all action to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and effect, (iii) at the reasonable request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and (iv) the Collateral Agent shall have received reasonable evidence that all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted hereby.

Trade Names; Change of Name. No Assignor has As of the date hereof, such Debtor does not have or operates operate in any jurisdiction under, or in the preceding 12 months has not had or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Annex F ANNEX C hereto. No Assignor Such Debtor has only operated under each name set forth in ANNEX C in the jurisdiction or jurisdictions set forth opposite each such name on ANNEX C. Such Debtor shall not change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F ANNEX C hereto in the jurisdictions listed with respect to such names and new names (including, without limitation, any names of divisions or operations) and/or jurisdictions established in accordance with the last sentence of this Section 2.72.6. No Assignor Such Debtor shall not assume or operate in any jurisdiction under any new trade, fictitious or other name or operate under any existing name in any additional jurisdiction until (i) it shall have given to the Collateral Agent not less than 30 daysBusiness Days' prior written notice of its intention so to dodo so, clearly describing such new name and and/or jurisdiction and, in the case of a new name, the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, and (ii) with respect to such new namename and/or new jurisdiction, it shall have taken all action necessary, or in the reasonable opinion of the Collateral Agent, desirable to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted herebyeffect.

Trade Names; Change of Name. No Assignor has or operates in any jurisdiction under, or in the preceding 12 months five years has had or has operated in any jurisdiction under, any trade names, fictitious names or other names (including, without limitation, any names of divisions or operations) except its legal name and such other trade, trade or fictitious or other names as are listed on Annex F heretoC hereto for such Assignor. No Assignor shall change its legal name or assume or operate in any jurisdiction under any trade, fictitious or other name except those names listed on Annex F C hereto for such Assignor and new names (including, without limitation, any names of divisions or operations) established in accordance with the last sentence of this Section 2.7. No Assignor shall assume or operate in any jurisdiction under any new trade, fictitious or other name until (i) it shall have given to the Collateral Agent not less than 30 15 days' prior written notice of its intention so to do, clearly describing such new name and the jurisdictions in which such new name shall be used and providing such other information in connection therewith as the Collateral Agent may reasonably request, (ii) with respect to such new name, it shall have taken all action reasonably requested by the Collateral Agent to maintain the security interests interest of the Collateral Agent in the Collateral intended to be granted hereby at all times fully perfected and in full force and effect and (iii) at the request of the Collateral Agent, it shall have furnished an opinion of counsel reasonably acceptable to the Collateral Agent to the effect that all financing or continuation statements and amendments or supplements thereto have been filed in the appropriate filing office or offices, and all other actions (including, without limitation, the payment of all filing fees and taxes, if any, payable in connection with such filings) have been taken, in order to perfect (and maintain the perfection and priority of) the security interest granted herebyhereby in respect of the types of Collateral referred to in Section 1.1 hereof.