Liens Senior to Certain Existing Liens. A valid, binding, continuing, enforceable, fully-perfected first priority senior priming security interest in and lien on (i) the Prepetition Linn Collateral and all of the Linn Debtors’ now owned and hereafter-acquired real and personal property, assets and rights of any kind or nature, wherever located, including, without limitation, all prepetition and postpetition property of the Linn Debtors’ estates, and the proceeds, products, rents and profits thereof, whether arising from section 552(b) of the Bankruptcy Code or otherwise, including, without limitation, oil and gas properties (and as-extracted collateral, goods, fixtures and hydrocarbons relating thereto), accounts receivable, other rights to payment, cash, inventory, general intangibles, contracts, servicing rights, servicing receivables, securities, chattel paper, owned real estate, real property leaseholds, fixtures, machinery, equipment, deposit accounts, patents, copyrights, trademarks, trade names, rights under license agreements and other intellectual property, claims and causes of action (including those arising under section 549 of the Bankruptcy Code) and all proceeds of the foregoing, excluding causes of action arising under the Bankruptcy Code, and all Linn Avoidance Actions, provided, however, that, subject to entry of the Final Order only, the Linn First Lien Adequate Protection Liens shall have recourse to the proceeds or property recovered in respect of causes of action arising under the Bankruptcy Code and any Linn Avoidance Actions, senior to any other security interests or liens, subject only to valid, perfected and enforceable prepetition liens (if any) which are senior to the Prepetition First Xxxx Xxxx Secured Parties’ liens or security interests as of the Petition Date or to valid and unavoidable liens in existence immediately prior to the Petition Date that are senior to the Prepetition First Xxxx Xxxx Secured Parties’ liens or security interests as of the Petition Date and are perfected subsequent to the Petition Date as permitted by section 546(b) of the Bankruptcy Code, (ii) any Other Linn Cash, and (iii) the proceeds, products, or offspring of any Other Linn Cash.
Liens Senior to Certain Existing Liens. Pursuant to sections 361(2) and 363(c)(2) of the Bankruptcy Code, a valid, binding, continuing, enforceable, fully-perfected non-voidable priming lien on, and security interest in, the Prepetition Collateral and all of the Debtors’ now owned and hereafter acquired real and personal property, tangible and intangible assets, and rights of any kind or nature, wherever located, including, without limitation, all prepetition and postpetition property of the Debtors’ estates, and all products, proceeds, rents, and profits thereof, whether arising from section 552(b) of the Bankruptcy Code or otherwise; provided that such liens and security interests shall not prime the Other Senior Liens.
Liens Senior to Certain Existing Liens. Effective as of the Petition Date and perfected without the necessity of the execution by the Debtors (or recordation or other filing) of security agreements, control agreements, pledge agreements, financing statements, mortgages or other similar documents, or the possession of the Indenture Trustee of the collateral, a valid, binding, continuing, enforceable, fully-perfected, non-voidable priming lien on, and security interest in, all tangible and intangible assets, including without limitation, all prepetition and postpetition property of the Debtors’ estates, and all products and proceeds thereof, whether now existing or hereafter acquired, to the Indenture Trustee, on behalf of itself and the Senior Noteholders; provided that such liens and security interests shall not prime any valid, perfected and unavoidable liens and security interests in existence immediately prior to the Petition Date that are held by or granted to a person other than the Indenture Trustee; and
