Common use of Perfected First Priority Security Interest Clause in Contracts

Perfected First Priority Security Interest. (a) All certificates, agreements, promissory notes or instruments representing or evidencing the Secured Collateral in existence on the date hereof have been delivered to the Lender in suitable form for transfer by delivery or accompanied by duly executed undated instruments of transfer or assignment in blank and (assuming continuing possession by the Lender of all such Secured Collateral) the Lender has a perfected First Priority security interest therein. (b) The Lender has a perfected First Priority security interest in all Secured Collateral that are uncertificated securities pledged by it hereunder that are in existence on the date hereof. (c) On the date hereof all financing statements, agreements, instruments and other documents necessary to perfect the security interest granted by each Grantor to the Lender in respect of the Pledged Collateral have been delivered to the Lender in completed and, to the extent necessary or appropriate, duly executed form for filing in each governmental, municipal or other office required by law to perfect, continue and maintain a valid, enforceable, First Priority security interest in the Pledged Collateral as provided herein. (d) This Agreement is effective to create in favor of the Lender, a legal, valid and enforceable security interest in the Pledged Collateral and the proceeds thereof. All filings and other actions necessary or appropriate to perfect the security interest in the Pledged Collateral granted by such Grantor hereunder have been duly made or taken and are in full force and effect; and such security interest is First Priority.

Perfected First Priority Security Interest. (a) All certificates, agreements, promissory notes or instruments representing or evidencing of the Secured Securities Collateral in existence on the date hereof have been delivered to the Lender in suitable form for transfer by delivery or accompanied by duly executed undated instruments of transfer or assignment in blank and (assuming continuing possession issued by the Lender Issuer consists of all such Secured Collateral) uncertificated securities in book-entry format registered in the Lender has a perfected First Priority security interest thereinname of the Grantor at Computershare, the transfer agent for the securities of the Issuer. (b) The Lender Collateral Trustee has a perfected First Priority security interest in all Secured Securities Collateral that are uncertificated securities of the Grantor pledged by it hereunder that are in existence on the date hereof. (c) On the date hereof all financing statements, agreements, instruments and other documents necessary to perfect the security interest granted by each the Grantor to the Lender Collateral Trustee in respect of the Pledged Collateral have been delivered to the Lender Collateral Trustee in completed and, to the extent necessary or appropriate, duly executed form for filing in each governmental, municipal or other office required by law to perfect, continue and maintain a valid, enforceable, First Priority security interest in the Pledged Collateral as provided herein. (d) This Agreement is effective to create in favor of the LenderCollateral Trustee, for the ratable benefit of the Secured Parties, a legal, valid and enforceable security interest in the Pledged Collateral and the proceeds thereof. All filings and other actions necessary or appropriate to perfect the security interest in the Pledged Collateral granted by such the Grantor hereunder have been duly made or taken and are in full force and effect; and such security interest is First Priority.