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Contract analysis / ucc-1-delaware-npc.docx
ucc-1-delaware-npc.docx
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I. Overview and Simultaneous Filing Instructions
I. Overview and Simultaneous Filing Instructions In connection with the closing of the $1,400,000,000 Senior Secured Term Loan B facility under the Credit Agreement dated as of March 28, 2025, among Nexford Industrial Holdings Inc., as Borrower, the Guarantors party thereto, Crescent Harbor Bank, N.A., as Administrative Agent and Collateral Agent, and the Lenders party thereto, the following UCC-1 Financing Statement
II. Filing Method and Timing
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⚑ Commercial term
II. Filing Method and Timing All Delaware UCC-1 filings are to be made on or about March 28, 2025, which is the anticipated closing date under the Credit Agreement. Filing is to be conducted through the Delaware Division of Corporations Online Filing System (e-filing portal) unless circumstances require paper filing. If paper filing is necessary, ensure that checks payable to the "Delaware Secretary of State" are pre
III. Confirmation and Delivery of File-Stamped Copies
III. Confirmation and Delivery of File-Stamped Copies Upon receipt of confirmation of filing and file-stamped acknowledgment copies of each UCC-1 Financing Statement from the Delaware Secretary of State, the following actions are required: (a) Deliver file-stamped copies of all UCC-1 Financing Statements to Crescent Harbor Bank, N.A., as Collateral Agent, at the following address: Crescent Harbor Bank, N.A. Attention
IV. Jurisdictional Basis for Filing
IV. Jurisdictional Basis for Filing Nexford Precision Components, Inc., the Debtor named in the attached UCC-1 Financing Statement, is a corporation organized and existing under the laws of the State of Delaware. Nexford Precision Components, Inc. is a Subsidiary Guarantor under the Credit Agreement and a Grantor under the Security Agreement. Pursuant to Section 9-301(1) of the Uniform Commercial Code, the law of the
V. Coordination with UCC-3 Termination Statements
V. Coordination with UCC-3 Termination Statements In connection with the refinancing contemplated by the Credit Agreement, all existing UCC-1 Financing Statements in favor of Atlas Meridian Bank, N.A. covering the Debtor (Nexford Precision Components, Inc.) and each of the other Loan Parties listed above are to be terminated by the filing of UCC-3 Termination Statements (Form UCC3) with the Delaware Secretary of Stat
VI. Additional Notes
VI. Additional Notes • Verify the exact legal name of each Debtor against its organizational documents (Certificate of Incorporation or Certificate of Formation, as applicable) and against the records of the Delaware Secretary of State. Any discrepancy in the Debtor's name on the Financing Statement could render the filing seriously misleading under Section 9-506 of the Delaware UCC and, therefore, ineffective for pe