Common use of After-Acquired Collateral Clause in Contracts

After-Acquired Collateral. From and after the date of this Indenture, and subject to the terms of this Indenture and the Security Documents, if (a) any Subsidiary becomes a Guarantor or (b) the Issuer or any Guarantor acquires any property or rights which are of a type constituting Collateral under any Security Document (excluding, for the avoidance of doubt, any Excluded Assets or assets not required to be Collateral pursuant to this Indenture or the Security Documents), it will be required to execute and deliver such mortgages, security instruments, financing statements and such certificates, title insurance policies, surveys and opinions as are and solely to the extent required under this Indenture or any Security Document to vest in the Notes Collateral Agent a perfected first-priority security interest (subject to Permitted Liens) in such after-acquired collateral (or all of its assets, except Excluded Assets, in the case of a new Guarantor) and to take such actions as are and solely to the extent required under this Indenture or any Security Document to add such after-acquired collateral to the Collateral, in each case, except to the extent waived by the Bank Collateral Agent (as shall be set forth in an Officer’s Certificate delivered by the Issuer to the Notes Collateral Agent and the Trustee), and thereupon all provisions of the Indenture and the Security Documents relating to the Collateral shall be deemed to relate to such after-acquired collateral to the same extent and with the same force and effect.

After-Acquired Collateral. From and after (a) If on any date following the date of this IndentureIssue Date, and subject to the terms limitations and exceptions set forth in the definition of this Indenture “Collateral and the Security Documents, Guarantee Requirement,” if (a) any Subsidiary becomes a Guarantor or (b) the Issuer or any Guarantor Grantor acquires any property or rights which are of a type constituting Collateral under any Security Document (excluding, for the avoidance of doubt, any Excluded Assets or assets not required to be Collateral pursuant to this Indenture or the Security Documents)) or upon a Subsidiary becoming a Guarantor, it the Grantor will be required to execute and deliver such mortgages, security instruments, financing statements and such certificates, title insurance policies, surveys and opinions certificates as are and solely to the extent required under this Indenture or any Security Document to vest in the Notes Collateral Agent a perfected first-priority security interest (subject to Permitted Liens) ), in the case of after-acquired collateral, in such after-acquired collateral (or all of its assets, except Excluded Assetsor, in the case of a new Subsidiary Guarantor, in all of its property (other than Excluded Assets or assets not required to be Collateral pursuant to this Indenture or the Security Documents)) and to take such actions as are and solely to the extent required under this Indenture or any Security Document to add such after-acquired collateral to the Collateral, in each case, except including satisfying the Collateral and Guarantee Requirement with respect to the extent waived by the Bank Collateral Agent (as shall be set forth in an Officer’s Certificate delivered by the Issuer to the Notes Collateral Agent and the Trustee)such collateral, and thereupon all provisions of the this Indenture and the Security Documents relating to the Collateral shall be deemed to relate to such after-acquired collateral to the same extent and with the same force and effect.

After-Acquired Collateral. From and after the date of this Indenture, and subject to the terms of this Indenture and the Security DocumentsIssue Date, if (a) any Subsidiary of Propco becomes a Secured Guarantor or (b) the Issuer Propco or any Secured Guarantor acquires any property or rights which are of a type constituting Collateral under any Security Document (excluding, for the avoidance of doubt, any Excluded Assets or assets not required to be Collateral pursuant to this Indenture or the Security Documents), it Propco or such Secured Guarantor will be required to execute and deliver such mortgages, security instruments, mortgages, financing statements and such certificates, title insurance policies, surveys and opinions certificates as are and solely to the extent required under this Indenture or any Security Document to vest in the Notes Collateral Agent Trustee a perfected first-priority security interest (subject to Permitted Liens) in such after-acquired collateral (or all of its assets, except Excluded Assets, in the case of a new Guarantor) and to take such actions as are and solely to the extent required under this Indenture or any Security Document to add such after-acquired collateral to the CollateralCollateral (and with respect to any mortgage, in each case, except deliver to the extent waived by Collateral Trustee such ancillary deliverables, including local counsel opinions and title insurance, similar in form to that delivered for the Bank Real Property Collateral Agent (as shall be set forth in an Officer’s Certificate delivered by of the Issuer to the Notes Collateral Agent and the TrusteeIssue Date), and thereupon all provisions of the this Indenture and the Security Documents relating to the Collateral shall be deemed to relate to such after-acquired collateral to the same extent and with the same force and effect.

After-Acquired Collateral. (a) From and after the date of this IndentureIssue Date, and subject to the terms of this Indenture and the Security DocumentsArticle 12, if (a) any Subsidiary becomes a Guarantor or (b) the Issuer Issuers or any Guarantor acquires acquire any property or rights which are of a type constituting Collateral under any Security Document (excluding, for the avoidance of doubt, any Excluded Assets or assets not required to be Collateral pursuant to this Indenture or the Security Documents)) or upon any new Subsidiary becoming a Guarantor, it will be required to execute and deliver such mortgages, security instruments, financing statements and such certificates, title insurance policies, surveys and opinions certificates as are and solely required to satisfy the extent required under this Indenture or Collateral Requirement (including the terms of any Security Document Document) to vest in the Notes Applicable Collateral Agent for the benefit of the Notes Secured Parties, as applicable, a perfected first-priority security interest (subject to Permitted Liens) in such after-acquired collateral (or all of its assets, except Excluded Assets, in the case of a new Guarantor) and to take such actions as are and solely to the extent required under this Indenture or any Security Document to add such after-acquired collateral to the Collateral, in each case, except Collateral as are otherwise required pursuant to the extent waived by the Bank Collateral Agent (as shall be set forth in an Officer’s Certificate delivered by the Issuer to the Notes Collateral Agent and the Trustee)Requirement, and thereupon all provisions of the this Indenture and the Security Documents relating to the Collateral shall be deemed to relate to such after-acquired collateral Collateral to the same extent and with the same force and effect.

After-Acquired Collateral. From and after the date of this IndentureIssue Date, and subject to the terms of this Indenture Intercreditor Agreement and the Security Documentsany other Pari Passu Intercreditor Agreement, if (a) any Subsidiary becomes a Guarantor pursuant to Section 4.16 or (b) the Issuer Company or any Guarantor acquires any property or rights which are of a type constituting Collateral under any the Notes Security Document Agreement (excluding, for the avoidance of doubt, any Excluded Assets or assets expressly not required to be Collateral pursuant to this Indenture or the Security Documents), it will be required to execute and deliver such mortgages, security instruments, financing statements and such certificates, title insurance policies, surveys and opinions certificates as are and solely to the extent required under this Indenture and/or the Notes Security Agreement (for avoidance of doubt, after taking into account any exclusions or any exceptions to the Collateral and/or the requirements to perfect a security interest in the Collateral pursuant to the Notes Security Document Agreement or other applicable Security Document) to vest in the Notes Collateral Agent a perfected first-priority security interest (subject to Permitted Liens) in such after-acquired collateral (or all of its assets, except Excluded Assets, in the case of a new Guarantor) and to take such actions as are and solely to the extent required under this Indenture or any Security Document to add such after-acquired collateral to the Collateral, in each case, except to the extent waived by the Bank Collateral Agent (as shall be set forth in an Officer’s Certificate delivered by the Issuer to the Notes Collateral Agent and the Trustee), and thereupon all provisions of the this Indenture and the Security Documents relating to the Collateral shall be deemed to relate to such after-acquired collateral to the same extent and with the same force and effect.

After-Acquired Collateral. From and after the date of this Indenture, and subject to the terms of this Indenture and the Security Documents, if (a) If (a) any Subsidiary becomes a Guarantor or (b) the Issuer Issuers or any Guarantor acquires any property or rights which are of a type constituting Collateral under any Security Collateral Document (excluding, for the avoidance of doubt, any Excluded Assets or assets not required to be Collateral pursuant to this Indenture or the Security Collateral Documents), it will the Issuers or such Guarantor shall be required to execute and deliver such mortgages, security instruments, financing statements and such certificates, title insurance policies, surveys and opinions certificates as are and solely to the extent required under this Indenture or any Security Document Collateral Document, and, with respect to property that constitutes Material Real Property, deliver security instruments, title insurance policies, local counsel opinions, and real property surveys within the same timeline and otherwise covering the same scope as are required by the Credit Agreement, to vest in the Notes Collateral Agent a perfected first-priority security interest (subject to Permitted Liens) in such after-acquired collateral (or all of its assets, except Excluded Assets, in the case of a new Guarantor) and to take such actions as are and solely to the extent required under this Indenture or any Security Document to add such after-acquired collateral to the Collateral, in each case, except to the extent waived by the Bank Collateral Agent (as shall be set forth in an Officer’s Certificate delivered by the Issuer to the Notes Collateral Agent and the Trustee), and thereupon all provisions of the this Indenture and the Security Collateral Documents relating to the Collateral shall be deemed to relate to such after-acquired collateral to the same extent and with the same force and effect.

After-Acquired Collateral. (a) From and after the date of this Indenture, and subject to the terms of this Indenture and the Security DocumentsIssue Date, if (a) any Subsidiary becomes a Guarantor or (b) the Issuer Company or any Subsidiary Guarantor acquires any property or rights which are of a type constituting Collateral under any Security Document (excluding, for the avoidance of doubt, any Excluded Assets Collateral or assets not required to be Collateral pursuant to this Indenture or the Security Documents), it the Company or such Subsidiary Guarantor will be required to execute and deliver such mortgages, security instruments, financing statements and such certificates, title insurance policies, surveys and opinions certificates as are and solely to the extent required under this Indenture or any Security Document to vest in the Notes Collateral Agent a perfected first-priority security interest (subject to Permitted Liens, including any pari passu liens that secure obligations in respect of any other Pari Obligations and prior liens that secure ABL Obligations with respect to ABL Priority Collateral) in such after-acquired collateral (or all of its assets, except Excluded AssetsCollateral, in the case of a new Guarantor) and to take such actions as are and solely to the extent required under this Indenture or any Security Document to add such after-acquired collateral to the Collateral, Collateral and satisfy the Collateral Requirement in each case, except to the extent waived by the Bank Collateral Agent (as shall be set forth in an Officer’s Certificate delivered by the Issuer to the Notes Collateral Agent and the Trustee)respect thereof, and thereupon all provisions of the this Indenture and the Security Documents relating to the Collateral shall be deemed to relate to such after-acquired collateral to the same extent and with the same force and effect.

After-Acquired Collateral. (a) From and after the date of this IndentureIssue Date, and subject to the terms of this Indenture and the Security DocumentsArticle 12, if (a) any Subsidiary becomes a Guarantor or (b) the Issuer Issuers or any Guarantor acquires acquire any property or rights which are of a type constituting Collateral under any Security Document (excluding, for the avoidance of doubt, any Excluded Assets or assets not required to be Collateral pursuant to this Indenture or the Security Documents)) or upon any new Subsidiary becoming a Guarantor, it will be required to execute and deliver such mortgages, security instruments, financing statements and such certificates, title insurance policies, surveys and opinions certificates as are and solely required to satisfy the extent required under this Indenture or Collateral Requirement (including the terms of any Security Document Document) to vest in the Notes Applicable Collateral Agent for the benefit of the Notes Secured Parties, as applicable, a perfected first-priority security interest (subject to Permitted Liens) in such after-acquired collateral (or all of its assets, except Excluded Assets, in the case of a new Guarantor) and to take such actions as are (including, without limitation, formalization before notary public and solely to registration before the extent required under this Indenture or any Security Document relevant public registries) to add such after-acquired collateral to the Collateral, in each case, except Collateral as are otherwise required pursuant to the extent waived by the Bank Collateral Agent (as shall be set forth in an Officer’s Certificate delivered by the Issuer to the Notes Collateral Agent and the Trustee)Requirement, and thereupon all provisions of the this Indenture and the Security Documents relating to the Collateral shall be deemed to relate to such after-acquired collateral Collateral to the same extent and with the same force and effect.