Common use of Personal Property Requirements Clause in Contracts

Personal Property Requirements. The Collateral Agent shall have received: (i) all certificates, agreements or instruments necessary to perfect the Collateral Agent’s security interest, for the benefit of the Secured Parties, in all Pledged Collateral (as defined in the Security Agreement), in each case, with the exception of those items permitted to be delivered after the Closing Date pursuant to the terms of the Security Agreement; (ii) UCC financing statements in appropriate form for filing under the UCC, filings with the United States Patent and Trademark Office and United States Copyright Office and such other documents under applicable Requirements of Law in each jurisdiction as may be necessary or appropriate or, in the opinion of the Collateral Agent, desirable to perfect the Liens created, or purported to be created, by the Security Documents and with respect to all UCC financing statements required to be filed pursuant to the Loan Documents; (iii) copies of UCC, United States Patent and Trademark Office and United States Copyright Office, tax and judgment lien searches, bankruptcy and pending lawsuit searches or equivalent reports or searches, each of a recent date listing all effective financing statements, lien notices or comparable documents that name any Loan Party as debtor and that are filed in those state and county jurisdictions in which any property of any Loan Party is located and the state and county jurisdictions in which any Loan Party is organized or maintains its principal place of business and such other searches that the Collateral Agent deems necessary or appropriate, none of which encumber the Collateral covered or intended to be covered by the Security Documents (other than Liens permitted pursuant to Section 7.1 or any other Liens acceptable to the Collateral Agent); and (iv) evidence acceptable to the Collateral Agent of payment or arrangements for payment by the Loan Parties of all applicable recording taxes, fees, charges, costs and expenses required for the recording of the Security Documents.

Personal Property Requirements. The Collateral Agent Purchasers shall have received:received (and, to the extent required hereunder, delivered to the Collateral Agent): (i) all certificates, agreements or instruments necessary to perfect representing or evidencing the Securities Collateral Agent’s security interest, for the benefit accompanied by instruments of the Secured Parties, transfer and stock powers undated and endorsed in all Pledged Collateral (as defined in the Security Agreement), in each case, with the exception of those items permitted to be delivered after the Closing Date pursuant to the terms of the Security Agreementblank; (ii) intercompany notes accompanied by instruments of transfer undated and endorsed in blank (to the extent required by Section 17); (iii) UCC financing statements in appropriate form for filing under the UCC, filings with the United States Patent and Trademark Office and United States Copyright Office and such other documents under applicable Requirements of Law in each jurisdiction as may be necessary or appropriate or, in the opinion of the Collateral AgentAgent or the Required Noteholders, desirable to perfect the Liens created, or purported to be created, by the Security Documents and with respect to all UCC financing statements required to be filed pursuant to the Loan Basic Documents; (iiiiv) certified copies of UCC, United States Patent and Trademark Office and United States Copyright Office, tax and judgment lien searches, bankruptcy and pending lawsuit searches or equivalent reports or searches, each of a recent date listing all effective financing statements, lien notices or comparable documents that name any Loan Party Issuer as debtor and that are filed in those state and county jurisdictions in which any property of any Loan Party Issuer is located and the state and county jurisdictions in which any Loan Party Issuer is organized or maintains its principal place of business and such other searches that the Collateral Agent deems Required Noteholders deem reasonably necessary or appropriate, none of which encumber the Collateral covered or intended to be covered by the Security Basic Documents (other than Permitted Collateral Liens permitted pursuant to Section 7.1 or any other Liens acceptable to the Collateral AgentPurchasers); and (ivv) evidence acceptable to the Collateral Agent Required Noteholders of payment or arrangements for payment by the Loan Parties Issuers of all applicable recording taxes, fees, charges, costs and expenses required for the recording of the Security Basic Documents.

Personal Property Requirements. The Collateral Administrative Agent shall have received: (i) all certificates, agreements agreements, including Control Agreements, or instruments necessary to perfect the Collateral Administrative Agent’s security interest, for the benefit of the Secured Parties, interest in all Pledged Chattel Paper, all Instruments and all Deposit Accounts that are included in the Collateral of each Borrower (as each such term is defined in the Security Agreement), in each case, with the exception of those items permitted to be delivered after the Closing Date pursuant Agreement and to the terms of extent required by the Security Agreement); (ii) UCC financing statements in appropriate form for filing under the UCC, filings with the United States Patent and Trademark Office and United States Copyright Office UCC and such other documents under applicable Requirements of Law in each jurisdiction as may be necessary or appropriate or, in the opinion of the Collateral Administrative Agent, desirable to perfect the Liens created, or purported to be created, by the Security Documents and with respect to all UCC financing statements required to be filed pursuant to the Loan Documents; (iii) certified copies of UCC, United States Patent UCC and Trademark Office and United States Copyright Office, tax and judgment lien searches, bankruptcy and pending lawsuit searches or equivalent reports or searches, each of a recent date listing all effective financing statements, lien notices or comparable documents that name any Loan Party Borrower as debtor and that are filed in those state and county jurisdictions in which any property of any Loan Party is located and the state and county jurisdictions in which any Loan Party Borrower is organized or maintains its principal place of business and such other searches that are required by the Collateral Perfection Certificate or that the Administrative Agent deems necessary or appropriate, none of which encumber the Collateral covered or intended to be covered by the Security Documents (other than Permitted Liens permitted pursuant to Section 7.1 or any other Liens acceptable to the Collateral Administrative Agent); and; (iv) evidence acceptable to the Collateral Administrative Agent of payment or arrangements for payment by the Loan Parties Borrowers of all applicable recording taxes, fees, charges, costs and expenses required for the recording of the Security Documents; and (v) an Inventory Reclamation Waiver from each Borrower and each Subsidiary that is not a Borrower that sells Inventory to VeraSun Marketing.