Common use of The Collateral Clause in Contracts

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Securities and the Note Guarantees when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and the Note Guarantees and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.7, and the Securities and the Note Guarantees and the Collateral Documents, shall be secured by at least third-priority Liens and security interests in the Collateral, in each case subject to Permitted Liens, as provided in the Collateral Documents to which the Company and the Note Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant to the Collateral Documents hereafter delivered as required or permitted by this Indenture, the Collateral Documents and the Intercreditor Agreement. The Company and the Note Guarantors hereby agree that the Collateral Agent shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders and the Trustee, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement and the Collateral Agent is hereby authorized to execute and deliver the Collateral Documents and the Intercreditor Agreement.

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Securities and the Note Guarantees Guaranties thereof when and as the same shall be due and payable, whether on an interest payment dateInterest Payment Date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and the Note Guarantees Guaranties thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.7, and the Securities and the Note Guarantees Guaranties thereof and the Collateral Security Documents, shall be secured by at least thirdfirst-priority Liens and security interests in the Collateral, in each case subject to Permitted Liens, as provided in this Indenture and the Collateral Security Documents to which the Company Issuers and the Note Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant to the Collateral Security Documents hereafter delivered as required or permitted by this Indenture, the Collateral Documents Indenture and the Intercreditor AgreementSecurity Documents. The Company Issuers and the Note Guarantors hereby agree that the Collateral Agent or the Trustee, as the case may be, shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders Holders, the Trustee and the TrusteeCollateral Agent, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement Security Documents, and the Collateral Agent is and the Trustee are hereby authorized to execute and deliver the relevant Security Documents. Simultaneously with the execution of this Indenture, the Issuers will deliver to the Collateral Documents and the Intercreditor AgreementAgent a Perfection Certificate.

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, Additional Amounts, if any, and interest (including Additional Interest) on the Securities and the Note Guarantees thereof when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and the Note Guarantees thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.77.7 and Section 8.5 herein, and the Securities and the Note Guarantees thereof and the Collateral Documents, shall be secured by at least third(i) first-priority Liens and security interests in the Collateraland (ii) second-priority Liens and security interests, in each case subject to Permitted Liens, Liens as provided in the Collateral Documents to which the Company and the Note Subsidiary Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant to the Collateral Documents hereafter delivered as required or permitted by this Indenture, the Collateral Documents and the Intercreditor Agreement. The Company and the Note Subsidiary Guarantors hereby agree that the Collateral Agent shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders and the Trustee, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement and the Collateral Agent is hereby authorized to execute and deliver the Collateral Documents and the Intercreditor Agreement.

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest (including Additional Interest) on the Securities and the Note Guarantees thereof when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and the Note Guarantees thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.7, and the Securities and the Note Guarantees thereof and the Collateral Documents, shall be secured by at least third(i) first-priority Liens and security interests in the Collateraland (ii) second-priority Liens and security interests, in each case subject to Permitted Liens, as provided in the Collateral Documents to which the Company and the Note Subsidiary Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant to the Collateral Documents hereafter delivered as required or permitted by this Indenture, Indenture and the Collateral Documents and the Intercreditor AgreementDocuments. The Company and the Note Subsidiary Guarantors hereby agree that the Collateral Agent or the Trustee, as the case may be, shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders and the Trustee, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement Collateral Agent and the Collateral Agent is Trustee are hereby authorized to execute and deliver the relevant Collateral Documents Documents. Simultaneously with the execution of this Indenture, the Company will deliver to the Collateral Agent a perfection certificate regarding the Collateral in the form and substance reasonably satisfactory to the Intercreditor AgreementCollateral Agent.

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Securities and the Note Guarantees thereof when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and the Note Guarantees thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.77.7 and Section 8.5 herein, and the Securities and the Note Guarantees thereof and the Collateral Documents, shall be secured by at least thirdfirst-priority Liens and security interests in the Collateral, in each case subject to Permitted Liens, Liens as provided in the Collateral Documents to which the Company and the Note Subsidiary Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant to the Collateral Documents hereafter delivered as required or permitted by this Indenture, Indenture and the Collateral Documents and the Intercreditor AgreementDocuments. The Company and the Note Subsidiary Guarantors hereby agree that the Collateral Agent Trustee shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders and the Trustee, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement and the Collateral Agent Trustee is hereby authorized to execute and deliver the Collateral Documents and the Intercreditor AgreementDocuments.

The Collateral. (a) The Company hereby appoints The Bank of New York Trust Company, N.A., to act as Collateral Agent, and the Collateral Agent shall have the privileges, powers and immunities as set forth herein and in the Collateral Documents. The due and punctual payment of the principal of, premium, if any, and interest on the Securities and the Note Guarantees when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and the Note Guarantees and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.7, and the Securities and the Note Guarantees and the Collateral Documents, shall be secured by at least thirdsecond-priority Liens and security interests in the Collateral, in each case subject to Permitted Liens, as provided in the Collateral Documents to which the Company and the Note Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant to the Collateral Documents hereafter delivered as required or permitted by this Indenture, the Collateral Documents and the Intercreditor Agreement. The Company and the Note Guarantors hereby agree that the Collateral Agent shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders and the Trustee, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement and the Collateral Agent is hereby authorized to execute and deliver the Collateral Documents and the Intercreditor Agreement.

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, interest and interest Additional Amounts, if any, on the Securities and the Note Guarantees Guaranties thereof when and as the same shall be due and payable, whether on an interest payment dateInterest Payment Date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and the Note Guarantees Guaranties thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.7, and the Securities and the Note Guarantees Guaranties thereof and the Collateral Security Documents, shall be secured by at least thirdsecond-priority Liens (having an equal priority with the Liens securing the Non-Cash Pay Second Lien Securities) and security interests in the Collateral, in each case subject to Permitted Liens, as provided in this Indenture and the Collateral Security Documents to which the Company Issuers and the Note Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant to the Collateral Security Documents hereafter delivered as required or permitted by this Indenture, the Collateral Documents Security Documents, the Intercreditor Agreement and the Second Lien Intercreditor Agreement. The Company Issuers and the Note Guarantors hereby agree that the Senior Lien Collateral Agent or the Trustee, as the case may be, shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders Holders, the Trustee and the TrusteeCollateral Agent, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement Security Documents, and the Collateral Agent is and the Trustee are hereby authorized to execute and deliver the relevant Security Documents. Simultaneously with the execution of this Indenture, the Issuers will deliver to the Collateral Documents Agent a perfection certificate regarding the Collateral in the form and substance reasonably satisfactory to the Intercreditor AgreementRequired Holders.

The Collateral. (a) U.S. Bank National Association is appointed to act as the initial trustee of the collateral (in such capacity, the “Collateral Trustee”), and the Collateral Trustee shall have the privileges, powers and immunities as set forth herein and in the Security Documents. The due and punctual payment of the principal of, of (and premium, if any, on) and interest on the Securities and the Note Guarantees Notes when and as the same shall be become due and payable, whether on an interest payment dateInterest Payment Date, at maturitythe Stated Maturity, by declaration of acceleration, repurchase, call for redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities Notes and the Note Guarantees and performance of all other obligations of the Subsidiary Guarantors under this Indenture, includingthe Notes, without limitation, the obligations of the Company set forth in Section 7.7, and the Securities and the Note Guarantees and the Collateral Security Documents, according to the terms hereunder or thereunder, shall be secured by at least thirda first-priority Liens and security interests Lien (collectively, the “Note Liens”) in the Collateral, in each case subject to Permitted Liens, Collateral as provided in the Collateral Security Documents to which the Company and the Note Guarantors, as the case may be, have Subsidiary Guarantors has entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant thereto and pursuant to the Collateral any Security Documents hereafter delivered as required or permitted by this Indenture, the Collateral Documents and the Intercreditor Agreement. The Company and the Note Subsidiary Guarantors hereby agree that the Collateral Agent Trustee shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders and the Trustee, in each case pursuant to the terms of the Collateral Documents this Indenture and the Intercreditor Agreement Security Documents, and the Collateral Agent Trustee is hereby authorized to execute and deliver the Collateral Documents and the Intercreditor AgreementSecurity Documents.

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest interest, if any, on the Securities Notes and the Note Guarantees thereof when and as the same shall be due and payable, whether on an interest payment dateAccretion Date or Interest Payment Date (as applicable), at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of of, premium, if any, and interest Cash Interest (to the extent permitted by law), if any, on the Securities Notes and the Note Guarantees thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company Issuer set forth in Section 7.77.07 and Section 8.05(b) herein, and the Securities Notes and the Note Guarantees thereof and the Collateral Documents, shall be secured by at least thirdsecond-priority Liens and security interests in the Collateralinterests, in each case subject to Permitted Liens, as provided in the Collateral Documents to which the Company Issuer and the Note Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by and as provided in all of the Collateral pledged pursuant to the Collateral Documents hereafter delivered as required or permitted by this Indenture, the Collateral Documents and the Intercreditor Agreement. The Company Issuer and the Note Guarantors hereby agree that the Collateral Agent shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders and the Trustee, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement Agreement, and the Collateral Agent is hereby authorized to execute and deliver the Collateral Documents and the Intercreditor Agreement. Xxxxx Fargo Bank, National Association is hereby appointed as the initial Collateral Agent.

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, interest and interest Additional Amounts, if any, on the Securities and the Note Guarantees Guaranties thereof when and as the same shall be due and payable, whether on an interest payment dateInterest Payment Date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and the Note Guarantees Guaranties thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.7, and the Securities and the Note Guarantees Guaranties thereof and the Collateral Security Documents, shall be secured by at least thirdsecond-priority Liens (having an equal priority with the Liens securing the Cash Pay Second Lien Securities) and security interests in the Collateral, in each case subject to Permitted Liens, as provided in this Indenture and the Collateral Security Documents to which the Company Issuers and the Note Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all of the Collateral pledged pursuant to the Collateral Security Documents hereafter delivered as required or permitted by this Indenture, the Collateral Documents Security Documents, the Intercreditor Agreement and the Second Lien Intercreditor Agreement. The Company Issuers and the Note Guarantors hereby agree that the Collateral Agent or the Trustee, as the case may be, shall hold the Collateral in trust for the benefit of the Initial Holder or all of the Holders Holders, the Trustee and the TrusteeCollateral Agent, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement Security Documents, and the Collateral Agent is and the Trustee are hereby authorized to execute and deliver the relevant Security Documents. Simultaneously with the execution of this Indenture, the Issuers will deliver to the Collateral Documents Agent a perfection certificate regarding the Collateral in the form and substance reasonably satisfactory to the Intercreditor AgreementRequired Holders.