As-Extracted Collateral Financing Statements Sample Clauses

As-Extracted Collateral Financing Statements. To the extent a Mortgage filing is not sufficient in the applicable jurisdiction to perfect, or would require re-filing of the Mortgage during the life of the Amended Credit Agreement to continue the perfection of, the Administrative Agent’s security interest in any as-extracted collateral, the Borrower hereby authorizes the Administrative Agent to prepare UCC-1 as-extracted collateral financing statements in a form that can be filed, concurrently with the recording of the associated Mortgage associated with the Material Real Property to which such as-extracted collateral relates, in the appropriate filing office (such as the local recording office of the jurisdiction in which the Material Real Property is located) necessary or, in the reasonable opinion of the Administrative Agent, desirable to perfect the Administrative Agent’s security interest in any as-extracted collateral granted by the Loan Parties pursuant to the Security Agreement. SCHEDULE I to Annex I: material real properties FOR TITLE OPINIONS Material Real Property State North Antelope/Xxxxxxxx Wyoming Caballo Wyoming Rawhide Wyoming Xxx Ranch New Mexico El Segundo New Mexico Kayenta Arizona Bear Run Indiana EXHIBIT A [Amended Credit Agreement] ______________________________________________________________________________________________________ AMENDED AND RESTATED CREDIT AGREEMENT as Amended and Restated as of September 24, 2013 among PEABODY ENERGY CORPORATION, as Borrower, CITIBANK, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and The Other Lenders Party Hereto _____________________________________________________________________________________________ CITIGROUP GLOBAL MARKETS, INC., XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED, BNP PARIBAS SECURITIES CORP., CRéDIT AGRICOLE CORPORATE AND INVESTMENT BANK, HSBC SECURITIES (USA) INC., XXXXXX XXXXXXX SENIOR FUNDING, INC., PNC CAPITAL MARKETS LLC, and RBS SECURITIES INC., as Joint Lead Arrangers and Joint Book Managers _____________________________________________________________________________________________ BANK OF AMERICA, N.A., as Syndication Agent, and MUFG UNION BANK, N.A., COMPASS BANK, CREDIT SUISSE SECURITIES (USA) LLC, X.X. XXXXXX SECURITIES LLC, STANDARD CHARTERED BANK, U.S. BANK NATIONAL ASSOCIATION and XXXXX FARGO BANK N.A. as Co-Documentation Agents ______________________________________________________________________________________________________ TABLE OF CONTENTS Section Page Article I.DEFINITION...
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As-Extracted Collateral Financing Statements. The following financing statements on form UCC-1, which (a) name the Person listed below as debtor and the Collateral Agent as secured party for the benefit of the Lenders, (b) cover the as-extracted collateral therein described, and (c) are to be filed in the office listed opposite the name of such debtor: Name of Debtor Filing Office Endeavour Operating Corporation Real Property Records of the Office of the County Clerk of Colorado County, Texas Endeavour Operating Corporation Real Property Records of the Office of the County Clerk of Xxxxx County, Texas SCHEDULE V TO OPINION LETTER Existence, Foreign Qualification, and Good Standing Certificates Foreign Qualification Opinion Party State(s) Endeavour Operating Corporation Alabama Louisiana Montana New Mexico Pennsylvania Texas Foreign Qualification Certificates

Related to As-Extracted Collateral Financing Statements

  • UCC Financing Statements Such UCC financing statements as are necessary or appropriate, in the Collateral Agent’s discretion, to perfect the security interests in the Collateral;

  • CREDIT AND COLLATERAL EXCEPTIONS (1) Within ninety (90) days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination.

  • Filing Financing Statements The Issuer has caused, or will cause within ten days after the Closing Date, the filing of all appropriate financing statements in the proper filing office in the appropriate jurisdictions under applicable law to perfect the security interest Granted in the Collateral to the Indenture Trustee under this Indenture. All financing statements filed or to be filed against the Issuer in favor of the Indenture Trustee under this Indenture describing the Collateral will contain the following statement: “A purchase of or grant of a security interest in collateral described in this financing statement will violate the rights of the Secured Parties.”

  • Financing Statements, Etc The Grantor hereby authorizes the Secured Party to file (with a copy thereof to be provided to the Grantor contemporaneously therewith), at any time and from time to time thereafter, all financing statements, financing statement assignments, continuation financing statements, and UCC filings, in form reasonably satisfactory to the Secured Party. The Grantor shall execute and deliver and shall take all other action, as the Secured Party may reasonably request, to perfect and continue perfected, maintain the priority of or provide notice of the security interest of the Secured Party in the Collateral (subject to the terms hereof) and to accomplish the purposes of this Agreement. Without limiting the generality of the foregoing, the Grantor ratifies and authorizes the filing by the Secured Party of any financing statements filed prior to the date hereof that accomplish the purposes of this Agreement.

  • Financing Statements Subject to the Standard Qualifications, each Mortgage Loan or related security agreement establishes a valid security interest in, and a UCC-1 financing statement has been filed and/or recorded (or, in the case of fixtures, the Mortgage constitutes a fixture filing) in all places necessary at the time of the origination of the Mortgage Loan (or, if not filed and/or recorded, has submitted or caused to be submitted in proper form for filing and/or recording) to perfect a valid security interest in, the personal property (creation and perfection of which is governed by the UCC) owned by the Mortgagor and necessary to operate such Mortgaged Property in its current use other than (1) non-material personal property, (2) personal property subject to purchase money security interests and (3) personal property that is leased equipment. Each UCC-1 financing statement, if any, filed with respect to personal property constituting a part of the related Mortgaged Property and each UCC-3 assignment, if any, filed with respect to such financing statement was in suitable form for filing in the filing office in which such financing statement was filed. Notwithstanding anything herein to the contrary, no representation is made as to the perfection of any security interest in rents or other personal property to the extent that possession or control of such items or actions other than the filing of Uniform Commercial Code financing statements is required to effect such perfection.

  • Other Financing Statements As of the date hereof, there is no financing statement (or similar statement or instrument of registration under the law of any jurisdiction) covering or purporting to cover any interest of any kind in the Collateral (other than financing statements filed in respect of Permitted Liens), and so long as the Termination Date has not occurred, such Assignor will not execute or authorize to be filed in any public office any financing statement (or similar statement or instrument of registration under the law of any jurisdiction) or statements relating to the Collateral, except financing statements filed or to be filed in respect of and covering the security interests granted hereby by such Assignor or in connection with Permitted Liens.

  • Financing Statement To the extent permitted by applicable law, a carbon, photographic or other reproduction of this Agreement or any financing statement covering the Collateral shall be sufficient as a financing statement.

  • Absence of UCC Financing Statements, Etc Except with respect to the Mortgage Loan Documents and the Loan Documents, there is no financing statement, security agreement, chattel mortgage, real estate mortgage or other document filed or recorded with any filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in the interest in the Premises or any of the Collateral.

  • Financing Statement and Books and Records (a) In connection with the conveyance of the Assets hereunder, the Transferor agrees that prior to the Closing Date, it will file, at its own expense, one or more financing statements with respect to the Assets meeting the requirements of applicable state law in such manner as necessary to perfect the sale of the Assets to the Transferee, and the proceeds thereof (and any continuation statements as are required by applicable state law), and will deliver a file-stamped copy of each such financing statement (or continuation statement) or other evidence of such filings (which may, for purposes of this Section, consist of telephone confirmation of such filings with the file stamped copy of each such filings to be provided to the Transferee in due course) to the Transferee, as soon as is practicable after receipt by the Transferor thereof.

  • Additional Collateral Each of CSSW Parent and the Borrower shall, and shall cause each of its Subsidiaries to, (a) promptly (i) execute and deliver to the Administrative Agent and the Collateral Agent such amendments to the Guarantee and Collateral Agreement as the Administrative Agent or the Collateral Agent deems necessary or advisable to grant to the Collateral Agent, for the benefit of the Lenders, a perfected first priority security interest in the Equity Interests of the Steel Winds Companies and the Stetson Intermediate Holding Company, (ii) if certificated, deliver to the Collateral Agent the certificates representing such Equity Interests, together with undated stock powers, in blank, executed and delivered by a duly Authorized Officer of the Borrower and the Steel Winds Holding Company (iii) cause the Steel Winds Companies (A) to become a party to the Guarantee and Security Agreement, (B) to take such actions necessary or advisable to grant to the Collateral Agent for the benefit of the Lenders a perfected first priority security interest in the Collateral described in the Guarantee and Security Agreement with respect to the Steel Winds Companies, including the filing of Uniform Commercial Code financing statements in such jurisdictions as may be required by the Guarantee and Security Agreement or by law or as may be requested by the Collateral Agent and (C) to deliver to the Collateral Agent a certificate of an Authorized Officer of each Steel Winds Company, substantially in the form of the certificate provided pursuant to Section 3.2(a)(iii), with appropriate insertions and attachments, (iv) if requested by the Administrative Agent, deliver to the Administrative Agent legal opinions relating to the matters described above, which opinions shall be in form and substance, and from counsel, reasonably satisfactory to the Administrative Agent and (v) deliver to the Collateral Agent each deposit account control agreement required to be delivered pursuant to the Guarantee and Collateral Agreement, in form and substance reasonably acceptable to the Collateral Agent; provided that the parties hereto acknowledge and agree that if any LC Indebtedness or LC Conversion Indebtedness of the Steel Winds Project Company with respect to the Steel Winds Project is in existence as of the Subsequent Closing Date, then the Steel Winds Companies shall be required to become a party to the Guarantee and Security Agreement and satisfy the other requirements of this Section 9.22, upon the termination, expiration and discharge of such LC Indebtedness or LC Conversion Indebtedness, as the case may be.

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