any assets that are subject to a Lien permitted under [Section 6.02(d)] if the contract or other agreement in which the Lien is granted (or the documentation providing for the Indebtedness secured thereby) prohibits the creation of any other Lien on such assets; provided, that immediately upon the ineffectiveness, lapse or termination of any such Lien permitted under [Section 6.02(d)], such assets shall no longer be considered Excluded Assets and the Collateral shall include all such rights and interest in such assets as if such Lien permitted under [Section 6.02(d)] had never been in effect;

provided, however, that “Excluded Property” shall not include any proceeds, products, substitutions or replacements of Excluded Property (unless such proceeds, products, substitutions or replacements would otherwise constitute Excluded Property).

except as otherwise provided herein with respect to assets (including Equity Interests) acquired as the result of a Permitted Foreign Acquisition, assets of the Credit Parties (other than Credit Parties organized under the laws of a foreign jurisdiction) located outside of the United States to the extent the granting or perfection of a security interest in such assets would require action outside of the United States; provided, that at no time shall the fair market value of tangible assets of such Credit Parties located outside of the United States (other than API and other raw materials) exceed One Million Dollars ($1,000,000).

(i) the foregoing definition of “Collateral Requirement” shall not require control agreements, other control arrangements or perfection by “control” with respect to cash, Cash Equivalents, deposit accounts, securities accounts or commodity accounts, including any securities entitlements or related assets on deposit therein or any other Collateral (other than in respect of the Collateral Accounts, cash or Cash Equivalents deposited in or required to be deposited in the Collateral Accounts, or the Equity Interests of the Borrower or the Double E Joint Venture), # except as set forth in [clause (i) above], no actions other than the filing of Uniform Commercial Code financing statements and the entry into the Depositary Agreement with respect to the Collateral Accounts shall be required to perfect security interest in any Collateral consisting of proceeds of other Collateral, and # no actions shall be required to perfect a security interest in letter of credit rights, other than the filing of Uniform Commercial Code financing statement.

(i) Intellectual Property registered in a jurisdiction outside of the United States to the extent the granting or perfection of a security interest in such foreign registered Intellectual Property would require action outside of the United States, and # other immaterial tangible property held outside of the United States with an aggregate fair market value less than $2,000,000 in the aggregate with respect to all such property to the extent the granting or perfection of a security interest in such foreign immaterial tangible property would require action outside of the United States.

motor vehicles, aircraft and other assets subject to certificates of title with an aggregate net book value (as reasonably determined by the Borrowers) of less than $100,000 (other than to the extent # a security interest thereon can be perfected by the filing of a financing statement under the UCC and # an Event of Default has occurred and Agent has elected to require, by written notice to the Borrowers, that the Borrowers take all such steps necessary to perfect a lien in favor of Agent, for the benefit of the Lenders, in such motor vehicles and other assets subject to certificates of title);

If the Restricted Payment Conditions have been satisfied, all amounts remaining in Revenue Account after all payments in levels First through Ninth of [Section 2.16(i)] shall be deposited in the Distribution Account.

any Property or assets owned by any Unrestricted Subsidiary;

provided, however, that the security interest granted under the Collateral Documents in favor of the Administrative Agent shall attach immediately to any asset of such Loan Party at such time as such asset ceases to meet any of the criteria for “Excluded Property” described in any of the [foregoing clauses (iv), (vi) or (viii)])])], including, without limitation, if the terms of the agreement(s) relating thereto that prohibit or limit the pledge or granting of security interest therein, that would give rise to a violation or invalidation of the agreement(s) with respect thereto, # are no longer in effect or # have been waived by the other party to any such lease, license or other agreement. Notwithstanding anything herein or in any other Loan Document to the contrary, # no actions in any jurisdiction or required by the laws of any jurisdiction, other than the United States, any state or territory thereof and the District of Columbia shall be required in order to create or perfect any security interests, including any intellectual property registered outside the United States and # no control agreements or perfection by control or possession shall be required with respect to any Collateral (other than the delivery of certificated Equity Interest constituting Collateral).

any assets that are subject to a Lien permitted under [Section 6.02(d)] if the contract or other agreement in which the Lien is granted (or the documentation providing for the Indebtedness secured thereby) prohibits the creation of any other Lien on such assets; provided, that immediately upon