Common use of Composition of the Collateral Clause in Contracts

Composition of the Collateral. Borrower and each Guarantor grants or confirms the prior grant to Lenders under the Original Credit Facility and the First Amended Facility, as appropriate, a Lien on and security interest in the following property belonging to each of them (the "Collateral") as security for the payment of the Obligations whether now existing or hereafter arising and the performance by Borrower and each Guarantor of its obligations under this Agreement and any Hedging Instrument entered into from time to time: (A) All machinery, equipment, vehicles, vessels, aircraft, fixtures, buildings, appliances, furniture and other tangible assets, now owned or hereafter acquired and wherever located. (B) All inventory now owned or hereafter acquired and products and proceeds thereof. (C) All accounts, contract rights and accounts receivable, now or hereafter in existence and all proceeds thereof, and all returned or repossessed goods arising from or relating to any of the said accounts or rights. (D) All instruments, documents, chattel paper and general intangibles, rights in trademarks, trade names, patents, copyrights and licenses now owned or hereafter acquired or arising. (E) All cash or non-cash proceeds of any of the foregoing, including insurance proceeds. (F) All ledger sheets, files, records, documents, and instruments (including, but not limited to, computer programs, tapes and related electronic data processing software) evidencing an interest or relating to the above, and all products or proceeds of the above. (G) All substitutes, and replacements for, accessions, attachments, and other additions to, and tools, parts, and equipment used in connection with any of the above, and all products and proceeds of the above. Such security interest shall be evidenced by appropriate security agreements or amendments to such security agreements executed in connection with the Second Amended Facility or mortgages, trust deeds or other instruments in such form as may be required by law and shall be perfected, as required by Administrative Agent, in all appropriate jurisdictions. The Collateral, together with all of Borrower's other property or the property of any Guarantor of any kind held by any Lenders, shall stand as one general, continuing collateral security for all Obligations, and such continuing security interest may be retained by Lenders until all Obligations have been satisfied in full. All existing UCC-1 financing statements filed pursuant to the Original Credit Facility, and UCC-3 financing statements filed pursuant to the First Amended Facility, shall be amended to identify all of Lenders under this Agreement and additional UCC-1 financing statements will be filed to perfect the security interests granted by any Guarantor under this Agreement who was not party to the First Amended and Restated Facility Agreement.

Composition of the Collateral. Borrower and each Guarantor grants or confirms the prior grant to Lenders under the Original Credit Facility and the First Amended Facility, as appropriate, a Lien on and security interest interests in the following property belonging to each of them (the "Collateral") as security for the payment of the Obligations whether now existing or hereafter arising and the performance by Borrower and each Guarantor of its obligations under this Agreement and any Hedging Instrument entered into from time to time:): (A) All machinery, equipment, vehicles, vessels, aircraft, fixtures, buildings, appliances, furniture and other tangible assets, now owned or hereafter acquired and wherever located. (B) All inventory now owned or hereafter acquired and products and proceeds thereof. (C) All accounts, contract rights and accounts receivable, now or hereafter in 14 existence and all proceeds thereof, and all returned or repossessed goods arising from or relating to any of the said accounts or rights. (D) All instruments, documents, chattel paper and general intangibles, rights in trademarks, trade names, patents, copyrights and licenses now owned or hereafter acquired or arising. (E) All cash or non-cash proceeds of any of the foregoing, including insurance proceeds. (F) All ledger sheets, files, records, documents, and instruments (including, but not limited to, computer programs, tapes and related electronic data processing software) evidencing an interest or relating to the above, and all products or proceeds of the above. (G) All substitutes, and replacements for, accessions, attachments, and other additions to, and tools, parts, and equipment used in connection with any of the above, and all products and proceeds of the above. Such Said security interest shall be evidenced by appropriate security agreements Security Agreements or amendments to such security agreements Security Agreements executed in connection with the Second Amended Original Facility or mortgages, trust deeds or other instruments in such form as may be required by law and shall be perfected, as required by Administrative Agent, in all appropriate jurisdictions. The Collateral, together with all of the Borrower's other property or the property of any Guarantor of any kind held by any of the Lenders, shall stand as one general, continuing collateral security for all Obligations, and such continuing security interest may be retained by the Lenders until all Obligations have been satisfied in full. All existing UCC-1 financing statements filed pursuant to the Original Credit Facility, and UCC-3 financing statements filed pursuant to the First Amended Facility, Facility shall be amended to identify all of the Lenders under this Agreement and additional UCC-1 financing statements will be filed to perfect the security interests granted by any Guarantor under this Agreement who was not party to the First Amended and Restated Original Facility Agreement.