Common use of U.S. Security Agreement Clause in Contracts

U.S. Security Agreement. On the Effective Date, the US Security Agreement shall be in full force and effect and each US Credit Party shall have duly authorized, executed and delivered: (a) proper financing statements (Form UCC-1 or the equivalent) fully authorized and/or executed and completed for filing under the UCC, the PPSA or other appropriate filing offices of each jurisdiction as may be necessary or, in the reasonable opinion of the Administrative Agent, desirable, to perfect the Liens purported to be created by the US Security Agreement; (b) certified copies of requests for information or copies (Form UCC-11), or equivalent reports as of a recent date, listing all effective financing statements that name US Company or any of its Subsidiaries as debtor and that are filed in the jurisdictions referred to in clause (a) above and in such other jurisdictions in which Collateral is located on the Effective Date, together with copies of such other financing statements that name US Company or any of its Subsidiaries as debtor (none of which shall cover any of the Collateral except (i) to the extent evidencing Permitted Liens or (ii) those in respect of which the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be required by local law fully executed for filing); and (c) evidence of the completion of all other recordings and filings of, or with respect to, the US Security Agreement as may be necessary or, in the reasonable opinion of the Administrative Agent, desirable, to perfect and protect the Liens intended to be created by the US Security Agreement, including control agreements, access agreements and similar third party agreements as the Administrative Agent shall reasonably request (or an appropriate and customary reserve has been established therefore), and the US Security Agreement shall be in full force and effect.

U.S. Security Agreement. On the Effective Date, the US Security Agreement shall be in full force and effect and each US Each Credit Party party thereto shall have duly authorized, executed and delivereddelivered the U.S. Security Agreement in the form of Exhibit F (as amended, modified, restated and/or supplemented from time to time, the “U.S. Security Agreement”) and, in connection therewith, the Credit Parties shall have delivered to the Collateral Agent: (ai) proper financing statements (Form UCC-1 or the equivalent) fully executed or authorized and/or executed and completed for filing under the UCC, the PPSA UCC or other appropriate filing offices of each jurisdiction as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, to perfect the Liens security interests purported to be created by the US U.S. Security Agreement; (bii) certified copies of requests for information or copies (Form UCC-11), or equivalent reports as of a recent date, listing all effective financing statements that name US Company or any of its Subsidiaries Credit Party as debtor and that are filed in where each Credit Party is organized and, to the jurisdictions referred to in clause (a) above and extent reasonably requested by the Collateral Agent, in such other jurisdictions in which Collateral is located on the Effective Closing Date, together with copies of such other financing statements that name US Company Holdings or any of its Subsidiaries as debtor (none of which shall cover any of the Collateral except (ix) to the extent evidencing Permitted Liens or (iiy) those in respect of which the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be required by local law fully executed or authorized for filing); and; (ciii) evidence of the completion (or arrangements therefor satisfactory to the Collateral Agent) of all other recordings and filings of, or with respect to, and all action necessary in connection with, the US U.S. Security Agreement as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, to perfect and protect the Liens security interests intended to be created by the US U.S. Security Agreement; and (iv) evidence that all other actions necessary or, including control agreementsin the reasonable opinion of the Collateral Agent, access agreements and similar third party agreements as desirable, to perfect the Administrative Agent shall reasonably request security interests purported to be created by the U.S. Security Agreement have been taken (or an appropriate and customary reserve has been established thereforearrangements therefor satisfactory to the Collateral Agent), and the US Security Agreement shall be in full force and effect.

U.S. Security Agreement. On the Effective Date, the US Security Agreement shall be in full force and effect and each US Credit Each U.S. Loan Party shall have duly authorized, executed and delivereddelivered the U.S. Security Agreement substantially in the form of Exhibit H, with such changes thereto as may agreed to by the Administrative Agent, covering all of such U.S. Loan Party’s present and future Security Agreement Collateral referred to therein, together with: (aI) proper financing statements Financing Statements (Form UCC-1 or the equivalent) fully authorized and/or executed and completed (where required) for filing under the UCC, the PPSA UCC or other appropriate filing offices of each jurisdiction as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, desirable to perfect the Liens security interests purported to be created by the US U.S. Security Agreement; (bII) certified copies of requests Requests for information Information or copies Copies (Form UCC-11), or equivalent reports as reports, each of a recent date, listing all effective financing statements that name US Company any U.S. Loan Party or any of its Subsidiaries as debtor and that are filed in the jurisdictions referred to in clause (aI) above and in such other jurisdictions in which Collateral is located on the Effective Dateabove, together with copies of such other financing statements that name US Company any U.S. Loan Party or any of its Subsidiaries as debtor (none of which shall cover any of the Collateral Collateral, except (i) to the extent evidencing Permitted Liens or (ii) those in respect of which the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be required by local law fully executed (where required) for filing); and; (cIII) evidence of the completion of all other recordings and filings of, or with respect to, the US U.S. Security Agreement as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, desirable to perfect and protect the Liens security interests intended to be created by the US U.S. Security Agreement; and (IV) evidence that all other actions necessary or, including control agreementsin the reasonable opinion of the Collateral Agent, access agreements desirable to create, maintain, effect, perfect, preserve, maintain and similar third party agreements as protect the Administrative Agent shall reasonably request (or an appropriate and customary reserve has security interests purported to be created by the U.S. Security Agreement have been established therefore), taken; and the US U.S. Security Agreement and such other documents shall be in full force and effect.

U.S. Security Agreement. On the Effective Initial Borrowing Date, the US Security Agreement shall be in full force and effect and each US U.S. Credit Party shall have duly authorized, executed and delivereddelivered the Security Agreement in the form of Exhibit J (as amended, modified, restated and/or supplemented from time to time, the “U.S. Security Agreement”) covering all of such U.S. Credit Party’s present and future Security Agreement Collateral referred to therein, together with: (ai) proper financing statements (Form UCC-1 or the equivalent) fully authorized and/or executed and completed (where required) for filing under the UCC, the PPSA UCC or other appropriate filing offices of each jurisdiction as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, desirable to perfect the Liens security interests purported to be created by the US U.S. Security Agreement; (bii) certified copies of requests Requests for information Information or copies Copies (Form UCC-11), or equivalent reports as reports, each of a recent date, listing all effective financing statements that name US Company any U.S. Credit Party or any of its Subsidiaries as debtor and that are filed in the jurisdictions referred to in clause (ai) above and in such other jurisdictions in which Collateral is located on the Effective Dateabove, together with copies of such other financing statements that name US Company any U.S. Credit Party or any of its Subsidiaries as debtor (none of which shall cover any of the Collateral Collateral, except (i) to the extent evidencing Permitted Liens or (ii) those in respect of which the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be required by local law fully executed (where required) for filing); and; (ciii) evidence of the completion of all other recordings and filings of, or with respect to, the US U.S. Security Agreement as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, desirable to perfect and protect the Liens security interests intended to be created by the US U.S. Security Agreement; and (iv) evidence that all other actions necessary or, including control agreementsin the reasonable opinion of the Collateral Agent, access agreements desirable to create, maintain, effect, perfect, preserve, maintain and similar third party agreements as protect the Administrative Agent shall reasonably request (or an appropriate and customary reserve has security interests purported to be created by the U.S. Security Agreement have been established therefore), taken; and the US U.S. Security Agreement and such other documents shall be in full force and effect.

U.S. Security Agreement. On the Effective Initial Borrowing Date, the US Security Agreement shall be in full force and effect and each US Credit Party shall have duly authorized, executed and delivereddelivered the US Security Agreement in the form of Exhibit M, together with: (a) proper financing statements (Form UCC-1 or the equivalent) fully authorized and/or executed and completed for filing under the UCC, the PPSA UCC or other appropriate filing offices of each jurisdiction as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, to perfect the Liens purported to be created by the US Security Agreement; (b) certified copies of requests for information or copies (Form UCC-11), or equivalent reports as of a recent date, listing all effective financing statements that name US Company Company, Target or any of its their respective Subsidiaries as debtor and that are filed in the jurisdictions referred to in clause (a) above and in such other jurisdictions in which Collateral is located on the Effective Initial Borrowing Date, together with copies of such other financing statements that name US Company Company, Target or any of its their respective Subsidiaries as debtor (none of which shall cover any of the Collateral except (i) to the extent evidencing Permitted Liens or (ii) those in respect of which the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be required by local law fully executed for filing); provided that failure to obtain the results of such Lien searches shall not limit the availability of the Loans on the Initial Borrowing Date, so long as any assets that may be subject to such Lien searches are not included in the calculation of the US Borrowing Base; and (c) evidence of the completion of all other recordings and filings of, or with respect to, the US Security Agreement as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, to perfect and protect the Liens intended to be created by the US Security Agreement, including control agreements, access agreements and similar third party agreements as the Administrative Agent shall reasonably request (or an appropriate and customary reserve has been established therefore)request, and the US Security Agreement shall be in full force and effect.

U.S. Security Agreement. On the Effective Date, the US Security Agreement shall be in full force and effect and each US Credit Party shall have duly authorized, executed and delivereddelivered the US Security Agreement in the form of Exhibit N, together with: (a) proper financing statements (Form UCC-1 or the equivalent) fully authorized and/or executed and completed for filing under the UCC, the PPSA or other appropriate filing offices of each jurisdiction as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, to perfect the Liens purported to be created by the US Security Agreement; (b) certified copies of requests for information or copies (Form UCC-11), or equivalent reports as of a recent date, listing all effective financing statements that name US Company or any of its Subsidiaries as debtor and that are filed in the jurisdictions referred to in clause (a) above and in such other jurisdictions in which Collateral is located on the Effective Date, together with copies of such other financing statements that name US Company or any of its Subsidiaries as debtor (none of which shall cover any of the Collateral except (i) to the extent evidencing Permitted Liens or (ii) those in respect of which the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be required by local law fully executed for filing); and (c) evidence of the completion of all other recordings and filings of, or with respect to, the US Security Agreement as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, to perfect and protect the Liens intended to be created by the US Security Agreement, including control agreements, access agreements and similar third party agreements as the Administrative Agent shall reasonably request (or an appropriate and customary reserve has been established therefore), and the US Security Agreement shall be in full force and effect.

U.S. Security Agreement. On the Effective Initial Borrowing Date, the US Security Agreement shall be in full force and effect and each US Credit Party shall have duly authorized, executed and delivereddelivered the US Security Agreement in the form of Exhibit I (as modified, supplemented or amended from time to time the "US Security Agreement") covering all of such US Credit Party's present and future US Security Agreement Collateral, together with: (a1) proper financing statements Financing Statements (Form UCC-1 or the appropriate equivalent) fully authorized and/or executed and completed for filing under the UCC, the PPSA or other appropriate filing offices UCC of each jurisdiction as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, desirable to perfect the Liens security interests purported to be created by the US Security Agreement; (b2) certified copies of requests Requests for information Information or copies Copies (Form UCC-11), or equivalent reports as of a recent datereports, listing all effective financing statements Financing Statements that name US Company Silgan or any of its Subsidiaries Subsidiaries, in each case as debtor and that are filed in the jurisdictions referred to in clause (a1) above and in such other jurisdictions in which Collateral is located on the Effective Dateabove, together with copies of such other financing statements Financing Statements filed in any other jurisdiction that name US Company Silgan or any of its Subsidiaries as debtor (none of which shall cover any of the US Security Agreement Collateral except (i) to the extent evidencing Permitted Liens or (ii) those in respect of which the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be required by local law fully executed for filingLiens); and; (c3) evidence of the completion of all other recordings and filings of, or with respect to, the US Security Agreement as may be necessary or, in the reasonable opinion of the Administrative Collateral Agent, desirable, desirable to perfect and protect the Liens intended security interests purported to be created by the US Security Agreement; and (4) evidence that all other actions necessary or, including control agreementsin the reasonable opinion of the Collateral Agent, access agreements desirable to perfect and similar third party agreements as protect the Administrative Agent shall reasonably request (or an appropriate and customary reserve has security interests purported to be created by the US Security Agreement have been established therefore), taken; and the US Security Agreement shall be in full force and effect.