Common use of Certain Other Assignments Clause in Contracts

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes, if any, to secure obligations of such Lender, including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank and this Section 10.6 shall not apply to any such pledge or assignment of a security interest; provided, (x) no Lender, as between Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) in no event shall the applicable Federal Reserve Bank or trustee be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loans.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes, if any, to secure obligations of such Lender, including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank and this Section 10.6 shall not apply to any such pledge or assignment of a security interest; providedPROVIDED, (x) no Lender, as between Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) in no event shall the applicable Federal Reserve Bank or trustee be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loans.

Certain Other Assignments. (i) In addition to any other assignment ------------------------- permitted pursuant to this Section 10.612.06, (i) any Lender may assign and and/or pledge all or any portion of its First Priority Term Loans, the other First Priority Term Loan Obligations owed by or to such Lender, and its First Priority Term Loan Notes, if any, to secure obligations of such Lender, including, without limitation, any pledge or assignment to secure obligations Lender including (A) to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply any operating circular issued by such Federal Reserve Bank and (B) with respect to any Lender that is a fund that invests in bank loans, to any trustee or holder of obligations owed, or securities issued by, such pledge fund as security for such obligations or assignment securities or to any other representative of a security interestsuch holders; provided, (x) no Lender, as between Company -------- the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) 115 provided further, in no event shall the applicable Federal Reserve Bank Bank, trustee or trustee such holder of obligations be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loanshereunder.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and and/or pledge (without notice to or the consent of Administrative Agent or Company) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Tranche B Term Loan Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply to any operating circular issued by such pledge or assignment of a security interestFederal Reserve Bank; provided, (x) no Lender, as between Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the applicable Federal Reserve Bank or trustee be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder hereunder. In the case of any Lender that is a fund that invests in bank loans, such Lender may, without the consent of Company or Administrative Agent, assign or pledge all or any portion of its rights under this Agreement, including the Loans and (z) Tranche B Term Loan Notes or any transfer of the other instrument evidencing its rights and obligations of as a "Lender" hereunder Lender under this Agreement, to any Person upon the holder of, trustee for, or any other representative of holders of, obligations owed or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure of any pledge or security interest referred to in this clause (i) may only similar action by such trustee or representative shall be made pursuant subject to the provisions of Sections Section 10.6(c) through (e) governing assignments of interests in the Loansconcerning assignments.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and and/or pledge all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment Federal Reserve Bank as collateral security pursuant to secure obligations to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank and this Section 10.6 shall not apply (ii) any Lender may assign and/or pledge all or any portion of its Loans, the other Obligations owned by or to such Lender, and its Notes, if any, to secure obligations of such Lender to any holders of obligations owed, or securities issued, by such pledge Lender as collateral security for such obligations or assignment securities, or to any trustee for, or any other representative of a security interestsuch holders; provided, (x) no Lender, as between the Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided, further, in no event shall the applicable Federal Reserve Bank Bank, pledgee or trustee be considered to be a "“Lender" ” or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loans.hereunder. CREDIT AND GUARANTY AGREEMENT EXECUTION

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes, if any, to secure obligations of such Lender, including, without limitation, including any pledge or assignment to secure obligations to any Federal Reserve Bank Bank, or as collateral security for any loan or other financing transaction as in or in connection with any securitization or other similar transaction, and this Section 10.6 shall not apply to any such pledge or assignment of a security interestinterest or other transaction described herein; provided, (x) no Lender, as between Company -------- the Borrowers and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) in no event shall the applicable Federal Reserve Bank or trustee or other financing party be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loans.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and and/or pledge all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment Federal Reserve Bank as collateral security pursuant to secure obligations to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank and this Section 10.6 shall not apply (ii) any Lender may assign and/or pledge all or any portion of its Loans, the other Obligations owned by or to such Lender, and its Notes, if any, to secure obligations of such Lender to any holders of obligations owed, or securities issued, by such pledge Lender as collateral security for such obligations or assignment securities, or to any trustee for, or any other representative of a security interestsuch holders; provided, (x) no Lender, as between the Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided, further, in no event shall the applicable Federal Reserve Bank Bank, pledgee or trustee be considered to be a "“Lender" ” or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loanshereunder.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes, if any, to secure obligations of such Lender, including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply any operating circular issued by such Federal Reserve Bank, and (ii) with the consent of Administrative Agent any Lender which is an investment fund may pledge all or any portion of its Notes, if any, or Loans to any its trustee in support of its obligations to such pledge or assignment of a security interesttrustee; provided, (x) no Lender, as between Company -------- and such -------- Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the -------- ------- applicable Federal Reserve Bank or trustee be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loanshereunder.

Certain Other Assignments. (i) In addition to any other assignment ------------------------- permitted pursuant to this Section 10.612.06, (i) any Lender may assign and and/or pledge all or any portion of its Second Priority Term Loans, the other Second Priority Term Loan Obligations owed by or to such 115 Lender, and its Second Priority Term Loan Notes, if any, to secure obligations of such Lender, including, without limitation, any pledge or assignment to secure obligations Lender including (A) to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply any operating circular issued by such Federal Reserve Bank and (B) with respect to any Lender that is a fund that invests in bank loans, to any trustee or holder of obligations owed, or securities issued by, such pledge fund as security for such obligations or assignment securities or to any other representative of a security interestsuch holders; provided, (x) no Lender, as between Company -------- the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the applicable Federal Reserve Bank Bank, trustee or trustee such holder of obligations be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loanshereunder.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and and/or pledge all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment Federal Reserve Bank as collateral security pursuant to secure obligations to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank and this Section 10.6 shall not apply (ii) any Lender may assign and/or pledge all or any portion of its Loans, the other Obligations owned by or to such Lender, and its Notes, if any, to secure obligations of such Lender to any holders of obligations owed, or securities issued, by such pledge Lender as collateral security for such obligations or assignment securities, or to any trustee for, or any other representative of a security interestsuch holders; provided, (x) no Lender, as between the Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided, further, in no event shall the applicable Federal Reserve Bank Bank, pledgee or trustee be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loanshereunder.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) 9.6 any Lender may assign and assign, pledge and/or grant a security interest in, all or any portion of its Revolving Loans, the other Obligations owed by or to such Lender, and its Revolving Loan Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply to any operating circular issued by such pledge or assignment of a security interestFederal Reserve Bank; provided, (x) no Lender, as between Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the applicable Federal Reserve Bank Bank, pledgee or trustee be considered to be a "“Lender" ” or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) hereunder. Any Lender that relies on the exclusion or exemption from the definition of - 120 - “investment company” under the Investment Company Act of 1940 contained in Rule 3a-7 promulgated under the Investment Company Act of 1940 may, at any transfer time, without notice to or consent of the rights and obligations of a "Lender" hereunder to any Person upon Company or the foreclosure of any Agent, pledge or grant a security interest referred in all or any portion of its rights (including, without limitation, rights to in payment of its Revolving Loans and interest and any fees) under this clause (i) may only be made pursuant Agreement to the provisions a trustee for purposes of Sections 10.6(c) through (e) governing assignments of interests in the Loanscompliance with such exclusion.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes, if any, to secure obligations of such Lender, including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank or as collateral security for any loan or other financing transaction as in or in connection with any securitization or similar transaction, and this Section 10.6 shall not apply to any such pledge or assignment of a security interestinterest or other transaction described herein; provided, (x) no Lender, as between Company the applicable Borrower or Borrowers and -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and provided further, (y) in no event shall -------- ------- the applicable Federal Reserve Bank or trustee or other financing party be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loans.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes, if any, to secure obligations of such Lender, including, without limitation, including any pledge or assignment to secure obligations to any Federal Reserve Bank Bank, or as collateral security for any loan or other financing transaction as in or in connection with any securitization or other similar transaction, and this Section 10.6 shall not apply to any such pledge or assignment of a security interestinterest or other transaction described herein; provided, (x) no Lender, as between Company -------- Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) in no event shall the applicable Federal Reserve Bank or trustee or other financing party be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loans.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and and/or pledge all or any portion of its Loans, Funded Letter of Credit Participations, the other Obligations owed by or to such Lender, and its NotesNotes (excluding in all instances the New Credit Linked Deposits, which shall be held as the property of the Funded LC Issuing Banks as provided for in Section 2.4), if any, to secure obligations of such Lender, Lender including, without limitation, any Federal Reserve Bank or any pledge or assignment to secure any holders of obligations owed, or securities issued, by such Lender as collateral security for such obligations or securities, or to any trustee for, or any other representative of, such holders as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve Bank System and this Section 10.6 shall not apply to any operating circular issued by such pledge or assignment of a security interestFederal Reserve Bank; provided, (x) no Lender, as between Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the applicable Federal Reserve Bank Bank, pledgee or trustee be considered to be a "“Lender" ” or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loanshereunder.

Certain Other Assignments. In addition to any other ------------------------- assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes, if any, to secure obligations of such Lender, including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall any operating circular issued by such Federal Reserve Bank, and (ii) with the consent of Administrative Agent (such consent not apply to be unreasonably withheld) any Lender which is an investment fund may pledge all or any portion of its Notes, if any, or Loans to its trustee or other representative or financing party in support of its obligations to such pledge trustee or assignment of a security interestother representative or financing party; provided, (x) no Lender, as between -------- Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event -------- ------- shall the applicable Federal Reserve Bank or trustee be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) any transfer of the rights and obligations of a "Lender" hereunder to any Person upon the foreclosure of any pledge or security interest referred to in this clause (i) may only be made pursuant to the provisions of Sections 10.6(c) through (e) governing assignments of interests in the Loanshereunder.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) 9.6 any Lender may assign and assign, pledge and/or grant a security interest in, all or any portion of its Revolving Loans, the other Obligations owed by or to such Lender, and its Revolving Loan Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply to any operating circular issued by such pledge or assignment of a security interestFederal Reserve Bank; provided, (x) no Lender, as between Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the applicable Federal Reserve Bank Bank, pledgee or trustee be considered to be a "“Lender" ” or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) hereunder. Any Lender that relies on the exclusion or exemption from the definition of “investment company” under the Investment Company Act of 1940 contained in Rule 3a-7 promulgated under the Investment Company Act of 1940 may, at any transfer time, without notice to or consent of the rights and obligations of a "Lender" hereunder to any Person upon Company or the foreclosure of any Agent, pledge or grant a security interest referred in all or any portion of its rights (including, without limitation, rights to in payment of its Revolving Loans and interest and any fees) under this clause (i) may only be made pursuant Agreement to the provisions a trustee for purposes of Sections 10.6(c) through (e) governing assignments of interests in the Loanscompliance with such exclusion.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and and/or pledge (without notice to or the consent of Administrative Agent or Company) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply to any operating circular issued by such pledge or assignment of a security interestFederal Reserve Bank; provided, (x) no Lender, as between Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the applicable Federal Reserve Bank or trustee be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder hereunder. In the case of any Lender that is a fund that invests in bank loans, such Lender may, without the consent of Company or Administrative Agent, assign or pledge all or any portion of its rights under this Agreement, including the Loans and (z) Notes or any transfer of the other instrument evidencing its rights and obligations of as a "Lender" hereunder Lender under this Agreement, to any Person upon the holder of, trustee for, or any other representative of holders of, obligations owed or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure of any pledge or security interest referred to in this clause (i) may only similar action by such trustee or representative shall be made pursuant subject to the provisions of Sections Section 10.6(c) through (e) governing assignments of interests in the Loansconcerning assignments.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and and/or pledge (without notice to or the consent of Administrative Agent or Company) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply to any operating circular issued by such pledge or assignment of a security interestFederal Reserve Bank; provided, (x) no Lender, as between Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the applicable Federal Reserve Bank or trustee be considered to be a "“Lender" ” or be entitled to require the assigning Lender to take or omit to take any action hereunder hereunder. In the case of any Lender that is a fund that invests in bank loans, such Lender may, without the consent of Company or Administrative Agent, assign or pledge all or any portion of its rights under this Agreement, including the Loans and (z) Notes or any transfer of the other instrument evidencing its rights and obligations of as a "Lender" hereunder Lender under this Agreement, to any Person upon the holder of, trustee for, or any other representative of holders of, obligations owed or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure of any pledge or security interest referred to in this clause (i) may only similar action by such trustee or representative shall be made pursuant subject to the provisions of Sections Section 10.6(c) through (e) governing assignments of interests in the Loansconcerning assignments.

Certain Other Assignments. In addition to any other assignment ------------------------- permitted pursuant to this Section 10.6, (i) any Lender may assign and and/or pledge (without notice to or the consent of Administrative Agent or the Company) all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender, Lender including, without limitation, any pledge or assignment to secure obligations to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and this Section 10.6 shall not apply to any operating circular issued by such pledge or assignment of a security interestFederal Reserve Bank; provided, (x) no Lender, as between the Company -------- and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (y) provided further, in no event shall the applicable Federal Reserve Bank or trustee be considered to be a "“Lender" ” or be entitled to require the assigning Lender to take or omit to take any action hereunder and (z) hereunder. In the case of any transfer Lender that is a fund that invests in bank loans, such Lender may, without the consent of the Company or Administrative Agent, assign or pledge all or any portion of its rights under this Agreement, including the Loans and obligations of Notes or any other instrument evidencing its rights as a "Lender" hereunder Lender under this Agreement, to any Person upon the holder of, trustee for, or any other representative of holders of, obligations owed or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure of any pledge or security interest referred to in this clause (i) may only similar action by such trustee or representative shall be made pursuant subject to the provisions of Sections Section 10.6(c) through (e) governing assignments of interests in the Loansconcerning assignments.