Common use of Filing of Financing Statements and Preservation of Interests Clause in Contracts

Filing of Financing Statements and Preservation of Interests. Immediately upon execution hereof, each Grantor shall cause to be duly filed in each office set forth on Schedule 6 to the Perfection Certificate Uniform Commercial Code financing statements and all filings with the United States Copyright Office and the United States Patent and Trademark Office. Each Grantor agrees that at the sole cost and expense of the Grantors, each Grantor will maintain the security interest created by this Agreement in the Collateral as a perfected first priority security interest subject only to Permitted Liens and file all Uniform Commercial Code continuation statements necessary to continue the perfection of the security interest created by this Agreement, it being agreed that the Grantors shall not be required to file Uniform Commercial Code financing statements with respect to As-Extracted Collateral relating to any real property other than Mortgaged Property, ABL Mortgaged Properties (as defined in the Intercreditor Agreement) or to the extent required pursuant to Section 4(r) or pursuant to the ABL Credit Agreement or as otherwise reasonably requested by the Collateral Agent. Without limiting the obligation of the Grantors set forth in the two preceding sentences, and without imposing any obligation on the Collateral Agent, each Grantor hereby authorizes the Collateral Agent, and appoints the Collateral Agent as its attorney-in-fact, to file in such office or offices as the Collateral Agent deems necessary or desirable such financing and continuation statements and amendments and supplements thereto (including without limitation an “all assets” filing or similar documents required by any laws of any applicable jurisdiction), and such other documents as the Collateral Agent may require to perfect, preserve and protect the security interests granted herein all without signature (except to the extent such signature is required under the laws of any applicable jurisdiction), which financing statements may (but need not) describe the Collateral as “all assets” or “all personal property” or words of like import, and ratifies all such actions taken by the Collateral Agent.

Appears in 1 contract

Sources: Security Agreement (New Enterprise Stone & Lime Co., Inc.)

Filing of Financing Statements and Preservation of Interests. Immediately upon execution hereof, each Grantor shall cause to be duly filed in each office set forth on Schedule 6 to the Perfection Certificate Uniform Commercial Code financing statements and all filings with the United States Copyright Office and the United States Patent and Trademark Office, in each case in form and substance satisfactory to the Agent. Each Grantor agrees that at the sole cost and expense of the Grantors, each Grantor will maintain the security interest created by this Agreement in the Collateral as a perfected first priority security interest subject only to Permitted Liens permitted pursuant to the Credit Agreement and file all Uniform Commercial Code continuation statements necessary to continue the perfection of the security interest created by this Agreement, it being agreed that the Grantors shall not be required to file Uniform Commercial Code financing statements with respect to perfect against As-Extracted Collateral relating to any on real property other than Mortgaged Property, ABL Mortgaged Properties (as defined in the Intercreditor Agreement) or Property unless required to the extent required pursuant to Section 4(r) or do so pursuant to the ABL terms of the Credit Agreement or as otherwise reasonably requested by the Collateral Agent. Without limiting the obligation of the Grantors set forth in the two preceding sentences, and without imposing any obligation on the Collateral Agent, each Grantor hereby authorizes the Collateral Agent, and appoints the Collateral Agent as its attorney-in-fact, to file in such office or offices as the Collateral Agent deems necessary or desirable such financing and continuation statements and amendments and supplements thereto (including without limitation an “all assets” filing or similar documents required by any laws of any applicable jurisdiction), and such other documents as the Collateral Agent may require to perfect, preserve and protect the security interests granted herein all without signature (except to the extent such signature is required under the laws of any applicable jurisdiction), which financing statements may (but need not) describe the Collateral as “all assets” or “all personal property” or words of like import, and ratifies all such actions taken by the Collateral Agent.

Appears in 1 contract

Sources: Security Agreement (New Enterprise Stone & Lime Co., Inc.)