Existing Security Interests. The security interests granted herein are intended to be supplemental to, and not in limitation of, any existing security interests granted to the Secured Party to secure the Obligations, whether under the Prior Debt Documents or otherwise. All such existing security interests, and any rights of the Secured Party in connection therewith, shall remain in full force and effect in accordance with their respective terms, provided, however, that in the event of a conflict between the terms of this Agreement and of any such prior security interests, or the documents evidencing the same, the terms of this Agreement shall control.
Existing Security Interests. UCC Filings The following financing statements, in the form attached hereto as Exhibit A to this Schedule 3: Exhibit A to Schedule 3 Form of UCC-1 Financing Statements attached Schedule 4 LOCATION OF JURISDICTION OF ORGANIZATION Legal Name Jurisdiction of Organization HD Supply, Inc. Delaware Brafasco Holdings II, Inc. Delaware Brafasco Holdings, Inc. Delaware HD Builder Solutions Group, LLC Delaware HD Supply Construction Supply Group, Inc. Delaware HD Supply Distribution Services, LLC Delaware HD Supply Facilities Maintenance Group, Inc. Delaware HD Supply GP & Management, Inc. Delaware HD Supply Repair & Remodel, LLC Delaware HD Supply Support Services, Inc. Delaware HD Supply Utilities Group, Inc. Delaware HD Supply Waterworks Group, Inc. Delaware HSI IP, Inc. Delaware ProValue, LLC Delaware Sunbelt Supply Canada, Inc. Delaware White Cap Construction Supply, Inc. Delaware Xxxxxxxx Bros. Lumber Company, LLC Delaware Xxx Lumber Co. Florida HD Supply Construction Supply, Ltd. Florida HD Supply Electrical, Ltd. Florida HD Supply Facilities Maintenance, Ltd. Florida HD Supply Holdings, LLC Florida HD Supply Management, Inc. Florida HD Supply Utilities, Ltd. Florida HD Supply Waterworks, Ltd. Florida Madison Corner, LLC Florida Park-Emp, LLC Florida Creative Touch Interiors, Inc. Maryland HD Supply Fasteners & Tools, Inc. Michigan HDS IP Holding, LLC Nevada Schedule 5 INTELLECTUAL PROPERTY Patents None. Copyright Licenses The Grantors are parties to material software licenses acquired in the ordinary course of business that are not set forth herein. Copyrights Creative Touch Interiors, Inc. Title Registration No. Registration Date NL-16 VA 0-000-000 3/27/2000 HDS IP Holding, LLC Title Registration No. Registration Date Powerscope TX 0-000-000 3/5/2009 WaterCity VA 0-000-000 8/5/2008 Xxxxxxxx Bros. Lumber Company, LLC Title Registration No. Registration Date Architectural millwork sales catalog TX 0-000-000 3/5/1991
Existing Security Interests. Debtor's assets are subject to the following security interest of Persons other than the Collateral Agent: Assets Name of Secured Party SEE ATTACHED
Existing Security Interests. The Grantors’ assets are subject to the following security interest of Persons other than the Collateral Agent:
Existing Security Interests. Company's assets are subject to the following security interest of Persons other than the Collateral Agent: See Disclosure Schedule to Note Purchase Agreement
Existing Security Interests. For purposes of clarity, the security interests granted to the Indenture Trustee under the Existing Indenture are hereby confirmed and deemed to continue uninterrupted under this Indenture. The parties hereto authorize and direct the Indenture Trustee to enter into the Global Assignment and Acceptance Agreement in order that the Indenture Trustee for the benefit of the Noteholders under this Indenture shall purchase all the right, title and interest in the notes under the Existing Indenture and that such notes shall be deemed to be and shall be converted into the Notes under this Indenture. The acquisition of such notes shall be funded by the Issuer with the net proceeds of the issuance of the Notes hereunder, together with other proceeds otherwise available to the Issuer. By accepting the Notes hereunder, the Noteholders shall be deemed to have agreed to the terms and conditions of the Global Assignment and Acceptance Agreement. For purposes of clarity, (i) the security interests and guarantees granted by the Asset Entities to the Indenture Trustee under the Existing Indenture, the Holdco Guaranty, the Management Agreement and the Cash Management Agreement (as such terms are defined in the Existing Indenture), (ii) the perfection of any accounts subject to the Account Control Agreements (as defined in the Existing Indenture), (iii) the Deeds of Trust originally made by the Asset Entities to secure the obligations under the Existing Indenture and (iv) the notes under the Existing Indenture, are confirmed and shall be deemed to continue uninterrupted pursuant to the terms of this Indenture, with any references to the Existing Indenture in any of the foregoing documents being deemed to refer to this Indenture and any references to notes shall be deemed to include the Notes; provided that, the Existing Indenture, the Holdco Guaranty, the Management Agreement and the Cash Management Agreement (as such terms are defined in the Existing Indenture) will be amended and restated on the Initial Closing Date.
Existing Security Interests. Debtor’s assets are subject to the following security interest of Persons other than the Collateral Agent: Assets Corporate Headquarters 500 0xx Xxxxxx Xxxxx Xxxx, XX 00000 Name of Secured Party Ax Xxxxxx LLC
Existing Security Interests. Section 13.5.6. of the Loan Agreement is deleted and replaced with the following:
Existing Security Interests. Project Owner shall have no obligation under Section 6.A to obtain the express acknowledgement of the existence of this Agreement from any existing holder of any mortgage or security interest in the assets comprising the Project existing on the date hereof, as such mortgage or security interest may be amended from time to time. For the avoidance of doubt, Project Owner shall comply with the obligations under Section 6.A in respect of any refinancing of debt secured by the existing mortgages and security interests to the extent such refinancing requires Project Owner to mortgage the assets comprising the Project. Project Owner further agrees to deliver a copy of this Agreement to all holders of such existing mortgages and security interests with respect to the Project and notify the DoD parties promptly of the exercise of any rights by the holders of such existing mortgages and security interests that could result in the transfer of all or any part of its interests and obligations in the assets comprising the Project.
Existing Security Interests. See Schedule 8.14(b) to the Credit Agreement.
