Common use of Collateral Representations Clause in Contracts

Collateral Representations. (a) Set forth on Schedule 3.16(a) is list of the all real Property owned by each Credit Party as of the First Amendment Effective Date showing for each such real Property as of the date hereof the street address, county or other relevant jurisdiction, state and record owner thereof. Each Credit Party and each Subsidiary has good, marketable and insurable fee simple title to the real Property owned by such Person, free and clear of all Liens, other than Permitted Liens. (b) Set forth on Schedule 3.16(b) is list of the all real Property leased by each Credit Party as of the First Amendment Effective Date as a lessee, showing as of the date hereof the street address, county or other relevant jurisdiction, state, lessor, lessee, expiration date and annual rental cost thereof. To the knowledge of the Credit Parties, each such lease is the legal, valid and binding obligation of the lessor thereof, enforceable in accordance with its terms (except as such enforceability may be limited by applicable Debtor Relief Laws and by general equitable principles). (c) Set forth on Schedule 3.16(c) is a list of all locations (other than owned locations) where any tangible personal property of the Credit Parties and their Subsidiaries with a fair market value in excess of $250,000 is located as of the First Amendment Effective Date, including county and state where located. Except as specifically noted on Schedule 3.16(c), as of the First Amendment Effective Date, no personal property of any Credit Party is (i) is stored with a bailee, warehouseman, processor or similar Person or (ii) consigned to any Person. (d) Set forth on Schedule 3.16(d) is the following information for each Credit Party as of the First Amendment Effective Date (i) exact legal name and any former legal names during the five years prior to the First Amendment Effective Date, (ii) the state of incorporation or formation, (iii) the type of organization, (iv) the location of the chief executive office and principal place of business, (v) the federal tax identification number and, if applicable, state organization number and (vi) business phone number. (e) Set forth on Schedule 3.16(e) is a list as of the First Amendment Effective Date of all deposit and securities accounts of each Credit Party at any bank or other financial institution, or any other account where money is or may be deposited or maintained with any Person as of the First Amendment Effective Date, including the same of the applicable depository institution/securities intermediary and average amount held in such deposit account. (f) Set forth on Schedule 3.16(f) a list as of the First Amendment Effective Date of all Investments (other than Investments in Subsidiaries) held by any Credit Party on the date hereof, showing as of the date hereof the amount, obligor or issuer and maturity, if any, thereof (and, in the case of Investment Property, an indication of whether such property is certificated or uncertificated. (g) Set forth on Schedule 3.16(g) is a list of as of the First Amendment Effective Date of the following owned or held by each Credit Party: all Documents (as defined in the UCC), Instruments (as defined in the UCC), Tangible Chattel Paper (as defined in the UCC), Electronic Chattel Paper (as defined in the UCC) and Letter-of-Credit Rights (as defined in the UCC), including the name of (i) the applicable Credit Party, (ii) in the case of Electronic Chattel Paper, the account debtor, and (iii) in the case of Letter-of-Credit Rights, the issuer or nominated person, as applicable. (h) Set forth on Schedule 3.16(h) is a description as of the First Amendment Effective Date of all Commercial Tort Claims (as defined in the UCC) of the Credit Parties (detailing such Commercial Tort Claim in such detail as reasonably requested by the Administrative Agent).

Collateral Representations. (a) Set forth on Schedule 3.16(a) is list of the all real Property owned by each Credit Party as of the First Amendment Effective Closing Date showing for each such real Property as of the date hereof the street address, county or other relevant jurisdiction, state and record owner thereof. Each Credit Party and each Subsidiary has good, marketable and insurable fee simple title to the real Property owned by such Person, free and clear of all Liens, other than Permitted Liens. (b) Set forth on Schedule 3.16(b) is list of the all real Property leased by each Credit Party as of the First Amendment Effective Closing Date as a lessee, showing as of the date hereof the street address, county or other relevant jurisdiction, state, lessor, lessee, expiration date and annual rental cost thereof. To the knowledge of the Credit Parties, each such lease is the legal, valid and binding obligation of the lessor thereof, enforceable in accordance with its terms (except as such enforceability may be limited by applicable Debtor Relief Laws and by general equitable principles). (c) Set forth on Schedule 3.16(c) is a list of all locations (other than owned locations) where any tangible personal property of the Credit Parties and their Subsidiaries with a fair market value in excess of $250,000 is located as of the First Amendment Effective Closing Date, including county and state where located. Except as specifically noted on Schedule 3.16(c), as of the First Amendment Effective Closing Date, no personal property of any Credit Party is (i) is stored with a bailee, warehouseman, processor or similar Person or (ii) consigned to any Person. (d) Set forth on Schedule 3.16(d) is the following information for each Credit Party as of the First Amendment Effective Closing Date (i) exact legal name and any former legal names during the five years prior to the First Amendment Effective Closing Date, (ii) the state of incorporation or formation, (iii) the type of organization, (iv) the location of the chief executive office and principal place of business, (v) the federal tax identification number and, if applicable, state organization number and (vi) business phone number. (e) Set forth on Schedule 3.16(e) is a list as of the First Amendment Effective Closing Date of all deposit and securities accounts of each Credit Party at any bank or other financial institution, or any other account where money is or may be deposited or maintained with any Person as of the First Amendment Effective Closing Date, including the same of the applicable depository institution/securities intermediary and average amount held in such deposit account.Deposit Account; (f) Set forth on Schedule 3.16(f) a list as of the First Amendment Effective Closing Date of all Investments (other than Investments in Subsidiaries) held by any Credit Party on the date hereof, showing as of the date hereof the amount, obligor or issuer and maturity, if any, thereof (and, in the case of Investment Property, an indication of whether such property is certificated or uncertificated. (g) Set forth on Schedule 3.16(g) is a list of as of the First Amendment Effective Closing Date of the following owned or held by each Credit Party: all Documents (as defined in the UCC), Instruments (as defined in the UCC), Tangible Chattel Paper (as defined in the UCC), Electronic Chattel Paper (as defined in the UCC) and Letter-of-Letter of Credit Rights (as defined in the UCC)Rights, including the name of (i) the applicable Credit Party, (ii) in the case of Electronic Chattel Paper, the account debtor, and (iii) in the case of Letter-of-Credit Rights, the issuer or nominated person, as applicable.; and (h) Set forth on Schedule 3.16(h) is a description as of the First Amendment Effective Closing Date of all Commercial Tort Claims (as defined in the UCC) of the Credit Parties (detailing such Commercial Tort Claim in such detail as reasonably requested by the Administrative Agent).

Collateral Representations. (a) Set forth on Schedule 3.16(a) is list of the all real Property owned by each Credit Party as of the First Amendment Effective Closing Date showing for each such real Property as of the date hereof the street address, county or other relevant jurisdiction, state and record owner thereof. Each Credit Party and each Subsidiary has good, marketable and insurable fee simple title to the real Property owned by such Person, free and clear of all Liens, other than Permitted Liens. (b) Set forth on Schedule 3.16(b) is list of the all real Property leased by each Credit Party as of the First Amendment Effective Closing Date as a lessee, showing as of the date hereof the street address, county or other relevant jurisdiction, state, lessor, lessee, expiration date and annual rental cost thereof. To the knowledge of the Credit Parties, each such lease is the legal, valid and binding obligation of the lessor thereof, enforceable in accordance with its terms (except as such enforceability may be limited by applicable Debtor Relief Laws and by general equitable principles). (c) Set forth on Schedule 3.16(c) is a list of all locations (other than owned locations) where any tangible personal property of the Credit Parties and their Subsidiaries with a fair market value in excess of $250,000 is located as of the First Amendment Effective Closing Date, including county and state where located. Except as specifically noted on Schedule 3.16(c), as of the First Amendment Effective Closing Date, no personal property of any Credit Party is (i) is stored with a bailee, warehouseman, processor or similar Person or (ii) consigned to any Person. (d) Set forth on Schedule 3.16(d) is the following information for each Credit Party as of the First Amendment Effective Closing Date (i) exact legal name and any former legal names during the five years prior to the First Amendment Effective Closing Date, (ii) the state of incorporation or formation, (iii) the type of organization, (iv) the location of the chief executive office and principal place of business, (v) the federal tax identification number and, if applicable, state organization number and (vi) business phone number. (e) Set forth on Schedule 3.16(e) is a list as of the First Amendment Effective Closing Date of all deposit and securities accounts of each Credit Party at any bank or other financial institution, or any other account where money is or may be deposited or maintained with any Person as of the First Amendment Effective Closing Date, including the same of the applicable depository institution/securities intermediary and average amount held in such deposit accountDeposit Account. (f) Set forth on Schedule 3.16(f) a list as of the First Amendment Effective Closing Date of all Investments (other than Investments in Subsidiaries) held by any Credit Party on the date hereof, showing as of the date hereof the amount, obligor or issuer and maturity, if any, thereof (and, in the case of Investment Property, an indication of whether such property is certificated or uncertificated. (g) Set forth on Schedule 3.16(g) is a list of as of the First Amendment Effective Closing Date of the following owned or held by each Credit Party: all Documents (as defined in the UCC), Instruments (as defined in the UCC), Tangible Chattel Paper (as defined in the UCC), Electronic Chattel Paper (as defined in the UCC) and Letter-of-Letter of Credit Rights (as defined in the UCC)Rights, including the name of (i) the applicable Credit Party, (ii) in the case of Electronic Chattel Paper, the account debtor, and (iii) in the case of Letter-of-Credit Rights, the issuer or nominated person, as applicable. (h) Set forth on Schedule 3.16(h) is a description as of the First Amendment Effective Closing Date of all Commercial Tort Claims (as defined in the UCC) of the Credit Parties (detailing such Commercial Tort Claim in such detail as reasonably requested by the Administrative Agent).