Common use of Priority of Liens; Title to Properties Clause in Contracts

Priority of Liens; Title to Properties. The security interests and liens granted to Administrative and Collateral Agent, for itself and the ratable benefit of the Lenders and the Bank Product Providers, under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 hereto and the other liens permitted under Section 9.8 hereof. Each Borrower and each Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Administrative and Collateral Agent, for itself and the ratable benefit of the Lenders and the Bank Product Providers, and such others as are specifically listed on Schedule 8.4 hereto or permitted under Section 9.8 hereof.

Priority of Liens; Title to Properties. The security interests and liens granted to Administrative and Collateral Agent, for itself and the ratable benefit of the Lenders and the Bank Product Providers, under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral subject only to the liens indicated on Schedule 8.4 hereto and the other liens permitted under Section 9.8 hereof. Each Borrower and each Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Administrative and Collateral Agent, for itself and the ratable benefit of the Lenders and the Bank Product Providers, and such others as are specifically listed on Schedule 8.4 hereto or permitted under Section 9.8 hereof.

Priority of Liens; Title to Properties. The security interests and liens granted to Administrative and Collateral Agent, for itself and the ratable benefit of the Lenders and the Bank Product Providers, Lender under this Agreement and the other Financing Agreements constitute valid and perfected first priority liens and security interests in and upon the Collateral of the first priority subject only to the liens indicated on Schedule 8.4 hereto and liens (junior and subordinate to Lender's lien and security interest, except to the extent the lien of any warehouse to secure storage and other liens related charges in Inventory stored at such warehouse and constituting Collateral may have priority over the lien and security interest of Lender in such Inventory) expressly permitted under Section 9.8 hereof9.11. Each Borrower and each Guarantor has good and marketable fee simple title to or valid leasehold interests in all of its Real Property and good, valid and merchantable title to all of its other properties and assets it owns subject to no liens, mortgages, pledges, security interests, encumbrances or charges of any kind, except those granted to Administrative and Collateral Agent, for itself and the ratable benefit of the Lenders and the Bank Product Providers, Lender and such others as are specifically listed on Schedule 8.4 hereto or permitted under Section 9.8 hereof9.11.