Common use of Assignment and Conveyance Clause in Contracts

Assignment and Conveyance. (a) For the purpose of securing the payment of the Series 2020 Bonds, the Corporation has provided the Trustee with certain liens, assignments, security interests and other claims under the granting clauses hereto. The Corporation hereby represents and confirms that it has full legal power and authority to make the grants enumerated in the granting clauses and that no assignment has been made, except to the Trustee, of any of its right, title and interest in and to the Real Property, the Project Facilities, the Facilities Agreement, the Sub-Base Lease, or the Revenues. (b) The Corporation and the Trustee intend for this Trust Agreement to be a security agreement within the meaning of the Uniform Commercial Code as adopted by the State (the “UCC”). The intent of the Corporation is to provide to the Trustee, to the fullest extent that the Trust Estate now or hereafter may be subject to a security interest under the UCC, the security interest in the Trust Estate including all presently-owned, or after-acquired property constituting all or a portion of the Trust Estate. The Corporation hereby covenants that it will prepare, execute and file all initial financing statements necessary to perfect this security interest or other statutory liens held by the Trustee. Notwithstanding anything to the contrary contained herein, the Trustee shall not be responsible for any initial filings of any financing statements or the information contained therein (including the exhibits thereto), the perfection of any such security interests, or the accuracy or sufficiency of any description of collateral in such initial filings or for filing any modifications or amendments to the initial filings required by any amendments to Article 9 of the applicable Uniform Commercial Code. In addition, unless the Trustee shall have been notified in writing by the County or the Corporation that any such initial filing or description of collateral was or has become defective, the Trustee shall be fully protected in (i) conclusively relying on such initial filing and descriptions in filing any financing or continuation statements or modifications thereto pursuant to this Section 2.3 and (ii) filing any continuation statements in the same filing offices as the initial filings were made. The Trustee shall cause to be filed a continuation statement with respect to each Uniform Commercial Code financing statement relating to the Series 2020 Bonds which was filed at the time of the issuance thereof, in such manner and in such places as the initial filings were made, provided that a copy of the filed original financing statement is timely delivered to the Trustee. The Corporation shall be responsible for the customary fees and the reasonable costs (including attorneys’ fees, costs and expenses, if any) incurred by the Trustee in the preparation and filing of all continuation statements hereunder. With respect to any of the Trust Estate in which a security interest is not perfected by the filing of a financing statement, the Corporation consents and agrees to undertake, and the Trustee agrees to cooperate fully with the Corporation, to take actions necessary to perfect the security interest or otherwise protect the rights granted to the Trustee in the Trust Estate. During the term of the Facilities Agreement, the Trustee may exclusively rely on the County to operate the Project Facilities and the Real Property in compliance with all laws, ordinances, rules and regulations, including without limitation, Environmental Regulations and shall have no duty to monitor such compliance. (c) The Corporation and the Trustee intend for this Trust Agreement to be a collateral assignment of all rents, leases, issues and profits created by, or arising out of any right, title or interest of the Corporation in the Trust Estate, including without limitation, all leases, rents, issues, and profits arising out of the Sub-Base Lease, the Facilities Agreement, and any future lease or leases now or hereinafter entered into by the Corporation, all as more particularly authorized by Section 29-3-100 of the Code of Laws of South Carolina 1976, as amended.

Assignment and Conveyance. (a) For the purpose of securing the payment of the Series 2020 BondsNotes, the Corporation has provided the Trustee with certain liens, assignments, security interests and other claims under the granting clauses hereto. The Corporation hereby represents and confirms that it has full legal power and authority to make the grants enumerated in the granting clauses and that no assignment has been made, except to the Trustee, of any of its right, title and interest in and to the Real Property, the Project Facilities, the Facilities Agreement, the Sub-Base Lease, or the Revenues. (b) The Corporation and the Trustee intend for this Trust Agreement to be a security agreement within the meaning of the Uniform Commercial Code as adopted by the State (the “UCC”). The intent of the Corporation is to provide to the Trustee, to the fullest extent that the Trust Estate now or hereafter may be subject to a security interest under the UCC, the security interest in the Trust Estate including all presently-owned, or after-acquired property constituting all or a portion of the Trust Estate. The Corporation hereby covenants that it will prepare, execute and file all initial financing statements necessary to perfect this security interest or other statutory liens held by the Trustee. Notwithstanding anything to the contrary contained herein, the Trustee shall not be responsible for any initial filings of any financing statements or the information contained therein (including the exhibits thereto), the perfection of any such security interests, or the accuracy or sufficiency of any description of collateral in such initial filings or for filing any modifications or amendments to the initial filings required by any amendments to Article 9 of the applicable Uniform Commercial Code. In addition, unless the Trustee shall have been notified in writing by the County or the Corporation that any such initial filing or description of collateral was or has become defective, the Trustee shall be fully protected in (i) conclusively relying on such initial filing and descriptions in filing any financing or continuation statements or modifications thereto pursuant to this Section 2.3 and (ii) filing any continuation statements in the same filing offices as the initial filings were made. The Trustee shall cause to be filed a continuation statement with respect to each Uniform Commercial Code financing statement relating to the Series 2020 Bonds Notes which was filed at the time of the issuance thereof, in such manner and in such places as the initial filings were made, provided that a copy of the filed original financing statement is timely delivered to the Trustee. The Corporation shall be responsible for the customary fees and the reasonable costs (including attorneys’ fees, costs and expenses, if any) incurred by the Trustee in the preparation and filing of all continuation statements hereunder. With respect to any of the Trust Estate in which a security interest is not perfected by the filing of a financing statement, the Corporation consents and agrees to undertake, and the Trustee agrees to cooperate fully with the Corporation, to take actions necessary to perfect the security interest or otherwise protect the rights granted to the Trustee in the Trust Estate. During the term of the Facilities Agreement, the Trustee may exclusively rely on the County to operate the Project Facilities and the Real Property in compliance accordance with all laws, ordinances, rules and regulations, including without limitation, Environmental Regulations and shall have no duty to monitor such complianceRegulations. (c) The Corporation and the Trustee intend for this Trust Agreement to be a collateral assignment of all rents, leases, issues and profits created by, or arising out of any right, title or interest of the Corporation in the Trust Estate, including without limitation, all leases, rents, issues, and profits arising out of the Sub-Base Lease, the Facilities Agreement, and any future lease or leases now or hereinafter entered into by the Corporation, all as more particularly authorized by Section 29-3-100 of the Code of Laws of South Carolina 1976, as amended.

Assignment and Conveyance. (a) For the purpose of securing the payment of the Series 2020 Bonds2018 Bond, the Corporation has provided the Trustee Purchaser with certain liens, assignments, security interests and other claims under the granting clauses hereto. The Corporation hereby represents and confirms that it has full legal power and authority to make the grants enumerated in the granting clauses and that no assignment has been made, except to the TrusteePurchaser, of any of its right, title and interest in and to the Real Property, the Project Facilities, the Facilities Agreement, the Sub-Base Lease, the Project Facilities Contracts or the Revenues. (b) The Corporation and the Trustee Purchaser intend for this Trust Agreement Indenture to be a security agreement within the meaning of the Uniform Commercial Code as adopted by the State (the “UCC”). The intent of the Corporation is to provide to the TrusteePurchaser, to the fullest extent that the Trust Estate Pledged Collateral now or hereafter may be subject to a security interest under the UCC, the security interest in the Trust Estate Pledged Collateral including all presently-owned, or after-acquired property constituting all or a portion of the Trust EstatePledged Collateral. The Corporation hereby covenants that it will prepare, execute and file all initial financing statements necessary statements, and hereby authorizes the Purchaser to prepare, execute and file any restatements, extensions, continuations, renewals or amendments thereof, in such form as the Purchaser may require to perfect or continue the perfection of this security interest or other statutory liens held by the Trustee. Notwithstanding anything to the contrary contained herein, the Trustee shall not be responsible for any initial filings of any financing statements or the information contained therein (including the exhibits thereto), the perfection of any such security interests, or the accuracy or sufficiency of any description of collateral in such initial filings or for filing any modifications or amendments to the initial filings required by any amendments to Article 9 of the applicable Uniform Commercial Code. In addition, unless the Trustee shall have been notified in writing by the County or the Corporation that any such initial filing or description of collateral was or has become defective, the Trustee shall be fully protected in (i) conclusively relying on such initial filing and descriptions in filing any financing or continuation statements or modifications thereto pursuant to this Section 2.3 and (ii) filing any continuation statements in the same filing offices as the initial filings were made. The Trustee shall cause to be filed a continuation statement with respect to each Uniform Commercial Code financing statement relating to the Series 2020 Bonds which was filed at the time of the issuance thereof, in such manner and in such places as the initial filings were made, provided that a copy of the filed original financing statement is timely delivered to the Trustee. The Corporation shall be responsible for the customary fees and the reasonable costs (including attorneys’ fees, costs and expenses, if any) incurred by the Trustee in the preparation and filing of all continuation statements hereunderPurchaser. With respect to any of the Trust Estate Pledged Collateral in which a security interest is not perfected by the filing of a financing statement, each of the Corporation and the City consents and agrees to undertake, and the Trustee agrees to cooperate fully with the CorporationPurchaser, to take actions necessary to perfect the security interest or otherwise protect the rights granted to the Trustee Purchaser in the Trust EstatePledged Collateral. During the term of the Facilities Agreement, the Trustee Purchaser may exclusively rely on the County City to operate the Project Facilities and the Real Property in compliance accordance with all laws, ordinances, rules and regulations, including without limitation, Environmental Regulations and shall have no duty to monitor such complianceLaws. (c) The Corporation and the Trustee Purchaser intend for this Trust Agreement Indenture to be a collateral assignment of all rents, leases, issues and profits created by, or arising out of any right, title or interest of the Corporation in the Trust EstatePledged Collateral, including without limitation, all leases, rents, issues, and profits arising out of the Sub-Base Lease, the Facilities Agreement, and any future lease or leases now or hereinafter entered into by the Corporation, ; all as more particularly authorized by Section 29-3-100 of the Code of Laws of South Carolina Carolina, 1976, as amended.

Assignment and Conveyance. ‌ (a) For the purpose of securing the payment of the Series 2020 Bonds, the Corporation has provided assigned, and granted a security interest in, the Trust Estate to the Trustee with certain liens, assignments, security interests and other claims under the granting clauses hereto. The Corporation hereby represents and confirms that it has full legal power and authority to make assign the grants Trust Estate as enumerated in the granting clauses hereto and that no assignment thereof has been made, made except to the Trustee, of any of its right, title and interest . Notwithstanding anything in and this Trust Agreement to the Real Propertycontrary, the Project Facilities, Corporation shall be required to take any action required of it pursuant to the Facilities Purchase and Use Agreement, the Sub-Base LeaseLease and any other contracts or agreements for which the Corporation’s rights thereunder have been assigned to the Trustee as part of the Trust Estate, or unless the RevenuesTrustee is acting on behalf of the Corporation pursuant to such assignment. (b) The Corporation and the Trustee intend for this Trust Agreement to be a security agreement within the meaning of the Uniform Commercial Code as adopted by the State (the “UCC”). The intent of the Corporation is to provide to the Trustee, to the fullest extent that the Trust Estate now or hereafter may be subject to a security interest under the UCC, the security interest in the Trust Estate including all presently-owned, or after-acquired property constituting all or a portion of the Trust Estate. The Corporation hereby covenants that it will agrees to prepare, execute (as applicable) and file all initial financing statements necessary to perfect this security interest or other statutory liens held by the Trustee. Notwithstanding anything , to the contrary contained herein, the Trustee shall not be responsible for any initial filings of any financing statements or the information contained therein (including the exhibits thereto), the perfection of any such security interests, or the accuracy or sufficiency of any description of collateral in such initial filings or for filing any modifications or amendments to the initial filings extent required by any amendments to Article 9 of the applicable Uniform Commercial Code. In addition, unless the Trustee shall have been notified in writing by the County or the Corporation that any such initial filing or description of collateral was or has become defective, the Trustee shall be fully protected in (i) conclusively relying on such initial filing and descriptions in filing any financing or continuation statements or modifications thereto pursuant to this Section 2.3 and (ii) filing any continuation statements in the same filing offices as the initial filings were madelaw. The Trustee shall cause to be filed a continuation statement with respect to each Uniform Commercial Code financing statement relating to the Series 2020 Bonds which was filed at the time of the issuance prepare and file any extensions, continuations or renewals thereof, in such manner and in such places form as the initial filings were madeTrustee may require to continue the perfection of this security interest or other statutory liens held by the Trustee, provided that a copy of the filed original financing statement is timely delivered to the Trustee. The Corporation shall be responsible for the customary fees and the reasonable costs (including attorneys’ fees, costs and expenses, if any) incurred extent required by the Trustee in the preparation and filing of all continuation statements hereunderapplicable law. With respect to any of the Trust Estate in which a security interest is not perfected by the filing of a financing statement, the Corporation consents and agrees to undertake, and the Trustee agrees to cooperate fully with the CorporationCorporation using commercially reasonable efforts, to take actions necessary to perfect the security interest or otherwise protect the rights granted to the Trustee in the Trust Estate. During the term of the Facilities Purchase and Use Agreement, the Trustee may exclusively rely on the County City to operate and maintain the Project Facilities and the 2017 Real Property in compliance accordance with all laws, ordinances, rules and regulations, including without limitation, Environmental Regulations and shall have no duty to monitor such complianceLaws. (c) The Corporation and the Trustee intend for this Trust Agreement to be a collateral assignment of all rents, leases, issues and profits created by, or arising out of any right, title or interest of the Corporation in the Trust Estate, including without limitation, all leases, rents, issues, and profits arising out of the Sub-Base Lease, the Facilities Purchase and Use Agreement, and any future lease or leases now or hereinafter entered into by the Corporation, all as more particularly authorized by Section 29-3-100 of the Code of Laws of South Carolina 1976, as amended.

Assignment and Conveyance. (a) For the purpose of securing the payment of the Series 2020 2015 Bonds, the Corporation has provided the Trustee with certain liens, assignments, security interests and other claims under the granting clauses hereto. The Corporation hereby represents and confirms that it has full legal power and authority to make the grants enumerated in the granting clauses and that no assignment has been made, except to the Trustee, of any of its right, title and interest in and to the Real Property, the Project Facilities, the Facilities Agreement, the Sub-Base Lease, or the Revenues. (b) The Corporation and the Trustee intend for this Trust Agreement to be a security agreement within the meaning of the Uniform Commercial Code as adopted by the State (the “UCC”). The intent of the Corporation is to provide to the Trustee, to the fullest extent that the Trust Estate now or hereafter may be subject to a security interest under the UCC, the security interest in the Trust Estate including all presently-owned, or after-acquired property constituting all or a portion of the Trust Estate. The Corporation hereby covenants that it will prepare, execute and file all initial financing statements necessary to perfect this security interest or other statutory liens held by the Trustee. Notwithstanding anything to the contrary contained herein, the Trustee shall not be responsible for any initial filings of any financing statements or the information contained therein (including the exhibits thereto), the perfection of any such security interests, or the accuracy or sufficiency of any description of collateral in such initial filings or for filing any modifications or amendments to the initial filings required by any amendments to Article 9 of the applicable Uniform Commercial Code. In addition, unless the Trustee shall have been notified in writing by the County City or the Corporation that any such initial filing or description of collateral was or has become defective, the Trustee shall be fully protected in (i) conclusively relying on such initial filing and descriptions in filing any financing or continuation statements or modifications thereto pursuant to this Section 2.3 and (ii) filing any continuation statements in the same filing offices as the initial filings were made. The Trustee shall cause to be filed a continuation statement with respect to each Uniform Commercial Code financing statement relating to the Series 2020 2015 Bonds which was filed at the time of the issuance thereof, in such manner and in such places as the initial filings were made, provided that a copy of the filed original financing statement is timely delivered to the Trustee. The Corporation shall be responsible for the customary fees and the reasonable costs (including attorneys’ fees, costs and expenses, if any) incurred by the Trustee in the preparation and filing of all continuation statements hereunder. With respect to any of the Trust Estate in which a security interest is not perfected by the filing of a financing statement, the Corporation consents and agrees to undertake, and the Trustee agrees to cooperate fully with the Corporation, to take actions necessary to perfect the security interest or otherwise protect the rights granted to the Trustee in the Trust Estate. During the term of the Facilities Agreement, the Trustee may exclusively rely on the County City to operate the Project Facilities and the Real Property in compliance accordance with all laws, ordinances, rules and regulations, including without limitation, Environmental Regulations and shall have no duty to monitor such complianceLaws. (c) The Corporation and the Trustee intend for this Trust Agreement to be a collateral assignment of all rents, leases, issues and profits created by, or arising out of any right, title or interest of the Corporation in the Trust Estate, including without limitation, all leases, rents, issues, and profits arising out of the Sub-Base Lease, the Facilities Agreement, and any future lease or leases now or hereinafter entered into by the Corporation, all as more particularly authorized by Section 29-3-100 of the Code of Laws of South Carolina 1976, as amended.

Assignment and Conveyance. (a) For the purpose of securing the payment of the Series 2020 Bonds, the Corporation has provided assigned, and granted a security interest in, the Trust Estate to the Trustee with certain liens, assignments, security interests and other claims under the granting clauses hereto. The Corporation hereby represents and confirms that it has full legal power and authority to make assign the grants Trust Estate as enumerated in the granting clauses hereto and that no assignment thereof has been made, made except to the Trustee, of any of its right, title and interest . Notwithstanding anything in and this Trust Agreement to the Real Propertycontrary, the Project Facilities, Corporation shall be required to take any action required of it pursuant to the Facilities Purchase and Use Agreement, the Sub-Base LeaseLease and any other contracts or agreements for which the Corporation’s rights thereunder have been assigned to the Trustee as part of the Trust Estate, or unless the RevenuesTrustee is acting on behalf of the Corporation pursuant to such assignment. (b) The Corporation and the Trustee intend for this Trust Agreement to be a security agreement within the meaning of the Uniform Commercial Code as adopted by the State (the “UCC”). The intent of the Corporation is to provide to the Trustee, to the fullest extent that the Trust Estate now or hereafter may be subject to a security interest under the UCC, the security interest in the Trust Estate including all presently-owned, or after-acquired property constituting all or a portion of the Trust Estate. The Corporation hereby covenants that it will agrees to prepare, execute (as applicable) and file all initial financing statements necessary to perfect this security interest or other statutory liens held by the Trustee. Notwithstanding anything , to the contrary contained herein, the Trustee shall not be responsible for any initial filings of any financing statements or the information contained therein (including the exhibits thereto), the perfection of any such security interests, or the accuracy or sufficiency of any description of collateral in such initial filings or for filing any modifications or amendments to the initial filings extent required by any amendments to Article 9 of the applicable Uniform Commercial Code. In addition, unless the Trustee shall have been notified in writing by the County or the Corporation that any such initial filing or description of collateral was or has become defective, the Trustee shall be fully protected in (i) conclusively relying on such initial filing and descriptions in filing any financing or continuation statements or modifications thereto pursuant to this Section 2.3 and (ii) filing any continuation statements in the same filing offices as the initial filings were madelaw. The Trustee shall cause to be filed a continuation statement with respect to each Uniform Commercial Code financing statement relating to the Series 2020 Bonds which was filed at the time of the issuance prepare and file any extensions, continuations or renewals thereof, in such manner and in such places form as the initial filings were madeTrustee may require to continue the perfection of this security interest or other statutory liens held by the Trustee, provided that a copy of the filed original financing statement is timely delivered to the Trustee. The Corporation shall be responsible for the customary fees and the reasonable costs (including attorneys’ fees, costs and expenses, if any) incurred extent required by the Trustee in the preparation and filing of all continuation statements hereunderapplicable law. With respect to any of the Trust Estate in which a security interest is not perfected by the filing of a financing statement, the Corporation consents and agrees to undertake, and the Trustee agrees to cooperate fully with the CorporationCorporation using commercially reasonable efforts, to take actions necessary to perfect the security interest or otherwise protect the rights granted to the Trustee in the Trust Estate. During the term of the Facilities Purchase and Use Agreement, the Trustee may exclusively rely on the County City to operate and maintain the Project Facilities and the 2017 Real Property in compliance accordance with all laws, ordinances, rules and regulations, including without limitation, Environmental Regulations and shall have no duty to monitor such complianceLaws. (c) The Corporation and the Trustee intend for this Trust Agreement to be a collateral assignment of all rents, leases, issues and profits created by, or arising out of any right, title or interest of the Corporation in the Trust Estate, including without limitation, all leases, rents, issues, and profits arising out of the Sub-Base Lease, the Facilities Purchase and Use Agreement, and any future lease or leases now or hereinafter entered into by the Corporation, all as more particularly authorized by Section 29-3-100 of the Code of Laws of South Carolina 1976, as amended.