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

Trade Names; Change of Name. The Obligor has not and does not operate in any jurisdiction under, or in the preceding twelve months has not had and has not operated in any jurisdiction under, any trade names, fictitious names or other names (including any names of divisions or operations) except its legal name and such other trade, fictitious or other names as are listed on Schedule 4.1(g) Schedule 4.1(g). 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 Schedule 4.1(g) in the jurisdictions listed with respect to such names (including any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g). 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/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 name and/or new jurisdiction, it shall have taken all action to maintain the 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 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1).

Trade Names; Change of Name. The Obligor No Assignor has not and does not operate or operates in any jurisdiction under, or in the preceding twelve 12 months has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)Annex F hereto. 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 No 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 Schedule 4.1(g) in the jurisdictions listed with respect to such Annex F hereto and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.7. The Obligor No Assignor 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action to maintain the Security Interest 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 or other evidence reasonably acceptable to the Collateral Agent to the effect that all financing and or 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor Each Assignor has not and operated nor does not operate in any jurisdiction under, or in the preceding twelve 12 months has not had and nor has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)Annex D hereto. 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 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 Schedule 4.1(g) in the jurisdictions listed with respect to such names (including any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g). The Obligor shall not assume or operate in any jurisdiction under manner which might make any new trade, fictitious financing statement or other name or, to continuation statement filed in connection therewith seriously misleading within the extent such operation might impair meaning of Section 9-506 of the creation, maintenance, perfection or priority of any Security Interest granted hereunder, operate under any existing name in any additional jurisdiction 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action to maintain the Security Interest 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 effect, (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 and or 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 (iv) upon its reasonable request, the Collateral Agent shall have received evidence that all other actions (including 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby."

Trade Names; Change of Name. The Obligor has not and Assignor does not have or operate in any jurisdiction under, or in the preceding twelve 12 months has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)Annex D hereto. 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 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 Schedule 4.1(g) in the jurisdictions listed with respect to such Annex D hereto and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.7. The Obligor Assignor 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action to maintain the Security Interest 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 and or 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor has not and Each Assignor does not have or operate in any jurisdiction under, or in the preceding twelve months 5 years has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)Annex C hereto. The Obligor Such Assignor has only operated under each name set forth in Schedule 4.1(g) on Annex C hereto in the jurisdiction or jurisdictions set forth opposite each such name on Schedule 4.1(g). The Obligor 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 Schedule 4.1(g) Annex C hereto in the jurisdictions listed with respect to such names and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.6. The Obligor Such Assignor 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/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 name and/or new jurisdiction, it shall have taken all action to maintain the Security Interest 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 effect, and (iii) at the reasonable 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 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor No Assignor has not and does not operate or operates in any jurisdiction under, or in the preceding twelve 12 months has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)Annex D hereto. 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 No 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 Schedule 4.1(g) in the jurisdictions listed with respect to such Annex D hereto and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.7. The Obligor No Assignors 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it such Assignor shall have taken all action to maintain the Security Interest 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 such Assignor shall have furnished an opinion of counsel or other evidence reasonably acceptable to the Collateral Agent to the effect that all financing and or 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor Borrower has not and operated nor does not operate in any jurisdiction under, or in the preceding twelve 12 months has not had and nor has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)Annex D hereto. 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 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 Schedule 4.1(g) in the jurisdictions listed with respect to such names (including any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g). The Obligor shall not assume or operate in any jurisdiction under manner which might make any new trade, fictitious financing statement or other name or, to continuation statement filed in connection therewith seriously misleading within the extent such operation might impair meaning of Section 9-506 of the creation, maintenance, perfection or priority of any Security Interest granted hereunder, operate under any existing name in any additional jurisdiction 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action to maintain the Security Interest 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 effect, (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 and or 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 (iv) upon its reasonable request, the Collateral Agent shall have received evidence that all other actions (including 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby."

Trade Names; Change of Name. The Obligor Borrower has not and operated nor does not operate in any jurisdiction under, or in the preceding twelve 12 months has not had and nor has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)ANNEX D hereto. 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 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 Schedule 4.1(g) in the jurisdictions listed with respect to such names (including any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g). The Obligor shall not assume or operate in any jurisdiction under manner which might make any new trade, fictitious financing statement or other name or, to continuation statement filed in connection therewith seriously misleading within the extent such operation might impair meaning of Section 9-506 of the creation, maintenance, perfection or priority of any Security Interest granted hereunder, operate under any existing name in any additional jurisdiction 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action to maintain the Security Interest 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 effect, (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 and or 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 (iv) upon its reasonable request, the Collateral Agent shall have received evidence that all other actions (including 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby."

Trade Names; Change of Name. The Obligor As of the date hereof, no Grantor has not and does not operate or --------------------------- operates in any jurisdiction under, or and in the preceding twelve 12 months has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g). 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)C hereto. The Obligor No Grantor shall not 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 Schedule 4.1(g) in the jurisdictions listed with respect to such C hereto and new names (including including, without ---------- limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)3.7. The Obligor No Grantor shall not assume or operate in ----------- any jurisdiction under any new trade, fictitious or other name orthat would make any financing statement, to or continuation statement filed in connection therewith, seriously misleading within the extent such operation might impair meaning of Section 9-402(7) (or analogous provision) of the creation, maintenance, perfection or priority of any Security Interest granted hereunder, operate under any existing name in any additional jurisdiction 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/or jurisdiction and, in the case of a 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; and , (iib) with respect to such new name and/or new jurisdictionname, it shall have taken all action necessary to maintain the Security Interest security 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 or other evidence in form and substance reasonably acceptable to the Collateral Agent to the effect that all financing and or 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 necessary actions (including 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor has not and Assignor does not have or operate in any jurisdiction under, or in the preceding twelve pre ceding 12 months has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)Annex D hereto. 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 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 Schedule 4.1(g) in the jurisdictions listed with respect to such Annex D hereto and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.7. The Obligor Assignor 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action to maintain the Security Interest 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 fur nished an opinion of counsel or other evidence reasonably acceptable to the Collateral Agent to the effect that all financing and or continuation statements state ments 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor As of the date hereof, no Grantor has not and does not operate or operates in any jurisdiction under, or in and since the preceding twelve months later of (a) January 12, 2001, and (b) the date such Grantor became a Subsidiary of Ultimate Parent, has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)C hereto. 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 No Grantor shall not 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 Schedule 4.1(g) in the jurisdictions listed with respect to such C hereto and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)3.7. The Obligor No Grantor shall not assume or operate in any jurisdiction under any new trade, fictitious or other name orthat would make any financing statement, to or continuation statement filed in connection therewith, seriously misleading within the extent such operation might impair meaning of Sections 9-506 or 9-507 (or analogous provision) of the creation, maintenance, perfection or priority of any Security Interest granted hereunder, operate under any existing name in any additional jurisdiction 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/or jurisdiction and, in the case of a 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; and , (iib) with respect to such new name and/or new jurisdictionname, it shall have taken all action necessary to maintain the Security Interest security 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 or other evidence in form and substance reasonably acceptable to the Collateral Agent to the effect that all financing and or 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 necessary actions (including 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor As of the date hereof, no Grantor has not and does not operate or operates in any jurisdiction under, or in and since the preceding twelve months later of (a) January 12, 2001, and (b) the date such Grantor became a Subsidiary of Xxxxx Xxxxx, has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)C hereto. 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 No Grantor shall not 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 Schedule 4.1(g) in the jurisdictions listed with respect to such C hereto and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)3.7. The Obligor No Grantor shall not assume or operate in any jurisdiction under any new trade, fictitious or other name orthat would make any financing statement, to or continuation statement filed in connection therewith, seriously misleading within the extent such operation might impair meaning of Sections 9-506 or 9-507 (or analogous provision) of the creation, maintenance, perfection or priority of any Security Interest granted hereunder, operate under any existing name in any additional jurisdiction 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/or jurisdiction and, in the case of a 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; and , (iib) with respect to such new name and/or new jurisdictionname, it shall have taken all action necessary to maintain the Security Interest security 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 or other evidence in form and substance reasonably acceptable to the Collateral Agent to the effect that all financing and or 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 necessary actions (including 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor No Assignor has not and does not operate or operates in any jurisdiction underjurisdiction, or in the preceding twelve 12 months has not had and or has not operated in any jurisdiction underjurisdiction, under any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g2.1(i). The Obligor has only operated under 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 in Schedule 4.1(g) in the jurisdiction or jurisdictions set forth opposite each such name on Schedule 4.1(g2.1(i). The Obligor No 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 Schedule 4.1(g) in the jurisdictions listed with respect to such names (including any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g). The Obligor shall not assume or operate in any jurisdiction under manner which might make any new trade, fictitious financing statement or other name or, to continuation statement filed in connection therewith misleading within the extent such operation might impair meaning of Article 9 of the creation, maintenance, perfection or priority of any Security Interest granted hereunder, operate under any existing name in any additional jurisdiction 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action to maintain the Security Interest 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 or other evidence reasonably acceptable to the Collateral Agent to the effect that all financing and or 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 (iv) the Collateral Agent shall have received evidence reasonably satisfactory to it that all other actions (including 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor No Assignor has not and does not operate or operates in any jurisdiction under, or in the preceding twelve 12 months has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including any names of divisions or operations) except its legal name and such other trade, trade or fictitious or other names as are listed on Schedule 4.1(g) Schedule 4.1(g)Annex D hereto for such 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 No 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 Schedule 4.1(g) in the jurisdictions listed with respect to Annex D hereto for such names (including any names of divisions or operations) Assignor and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.8. The Obligor No Assignor 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action reasonably requested by the Collateral Agent to maintain the Security Interest 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 and or 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)2.1 hereof.

Trade Names; Change of Name. The Obligor has not and does not operate As of the Closing Date, no Grantor operates in any jurisdiction under, or in the preceding twelve 12 months has not had and has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)Exhibit E hereto. 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 No Grantor shall not 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 Schedule 4.1(g) in the jurisdictions listed with respect to such Exhibit E hereto and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)3.6. The Obligor No Grantor 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/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action to maintain the Security Interest security 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 or other evidence reasonably acceptable to the Collateral Agent to the effect that all financing and or continuation statements and amendments or supplements thereto (and similar documents and filings under the law of any relevant jurisdiction) have been filed thereto, as necessary, for filing in the appropriate filing office or offices, and taken all other actions (including 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 hereby (subject only Security Interest. Any such notice of change in or additions to Permitted Liens) in respect of trade, fictitious or other names on Schedule E, shall, after compliance with the types of Collateral referred immediately preceding sentence, be deemed to in Section 2.1(1)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. The Obligor has not and Such Assignor does not have or operate in any jurisdiction under, or in within the five year period preceding twelve months the date of this Agreement previously has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (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 Schedule 4.1(g) Schedule 4.1(g)Annex D hereto. 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 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 Schedule 4.1(g) Annexes C and D hereto in the jurisdictions listed with respect to such names and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.7. The Obligor Such Assignor 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’ ' (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/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 name and/or new jurisdiction, it shall have taken all action to maintain the Security Interest 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 effect, (iii) at the reasonable 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 and or 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 (iv) the Collateral Agent shall have received reasonable evidence that all other actions (including 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)hereby.

Trade Names; Change of Name. The Obligor has not and As of the date hereof, such Debtor does not have or operate in any jurisdiction under, or in the preceding twelve 12 months has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)ANNEX C hereto. The Obligor Such Debtor has only operated under each name set forth in Schedule 4.1(g) ANNEX C in the jurisdiction or jurisdictions set forth opposite each such name on Schedule 4.1(g). The Obligor 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 Schedule 4.1(g) ANNEX C hereto in the jurisdictions listed with respect to such names and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.6. The Obligor Such Debtor 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’ Business Days' prior written notice of its intention so to dodo so, clearly describing such new name 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 name 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 Interest 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 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)effect.

Trade Names; Change of Name. The Obligor No Assignor has not and does not operate or operates in any jurisdiction under, or in the preceding twelve months five years has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including any names of divisions or operations) except its legal name and such other trade, trade or fictitious or other names as are listed on Schedule 4.1(g) Schedule 4.1(g)Annex C hereto for such 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 No 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 Schedule 4.1(g) in the jurisdictions listed with respect to Annex C hereto for such names (including any names of divisions or operations) Assignor and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)2.7. The Obligor No Assignor 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 15 days’ ' prior written notice of its intention so to do, clearly describing such new name and/or jurisdiction and, in the case of a 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; and , (ii) with respect to such new name and/or new jurisdictionname, it shall have taken all action reasonably requested by the Collateral Agent to maintain the Security Interest 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 and or 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)1.1 hereof.

Trade Names; Change of Name. The Obligor No Assignor has not and does not operate or operates in any jurisdiction under, or in the preceding twelve months five years has not had and or has not operated in any jurisdiction under, any trade names, fictitious names or other names (including 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 Schedule 4.1(g) Schedule 4.1(g)such Assignor's Information Disclosure Certificate. The Obligor Each Assignor has operated only operated under each name set forth in Schedule 4.1(g) such Assignor's Information Disclosure Certificate in the jurisdiction or jurisdictions set forth opposite each such name on Schedule 4.1(g)such Information Disclosure Certificate. The Obligor No 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 Schedule 4.1(g) its Information Disclosure Certificate and in the jurisdictions listed with respect to such names and new names (including including, without limitation, any names of divisions or operations) and new names and/or jurisdictions established in accordance with the last sentence of this Section 4.1(g)3.6. The Obligor No Assignor 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/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 name and/or new jurisdiction, it shall have taken all action to maintain the Security Interest first priority security 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 or other evidence reasonably acceptable to the Collateral Agent to the effect that all financing 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 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 (subject only to Permitted Liens) in respect of the types of Collateral referred to in Section 2.1(1)effect.