Common use of Collateral Agents Clause in Contracts

Collateral Agents. It is understood and agreed that (i) Jefferies Finance LLC is entering into this Agreement in its capacity as First Lien Collateral Agent and the rights, powers, privileges and protections afforded to the “Agent” under Article IX of the First Lien Credit Agreement shall also apply to Jefferies Finance LLC as First Lien Collateral Agent hereunder, (ii) BNYM is entering in this Agreement in its capacity as “Notes Collateral Agent” under the Second Lien Notes Security Agreement and the other Second Lien Documents and the rights, powers, privileges, protections, immunities and benefits afforded to the “Notes Collateral Agent” under the Second Lien Documents shall also apply to BNYM, as the Second Lien Collateral Agent hereunder, and (iii) the Second Lien Noteholders have expressly authorized and instructed the Second Lien Collateral Agent to execute and deliver this Agreement. In addition, but not in substitution of the foregoing and except as expressly provided in this Agreement, (x) the Second Lien Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the First Lien Collateral Agent or the other First Lien Claimholders by reason of this Agreement and (y) the First Lien Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the Second Lien Collateral Agent or the other Second Lien Claimholders by reason of this Agreement.

Collateral Agents. It is understood and agreed that (i) Jefferies Finance LLC [ ] is entering into this Agreement in its capacity as First Lien Priority Collateral Agent and the rights, powers, privileges and protections afforded to the “Agent” under Article IX X of the First Lien Priority Credit Agreement shall also apply to Jefferies Finance LLC [ ] as First Lien Priority Collateral Agent hereunder, (ii) BNYM Wilmington Trust, National Association is entering in this Agreement in its capacity as “Notes Collateral Agent” under the Second Lien Priority Notes Security Agreement and the other Second Lien Priority Documents and the rights, powers, privileges, protections, immunities and benefits afforded to the “Notes Collateral Agent” under the Second Lien Priority Documents shall also apply to BNYMWilmington Trust, National Association, as the Second Lien Priority Collateral Agent hereunder, and (iii) the Second Lien Priority Noteholders have expressly authorized and instructed the Second Lien Priority Collateral Agent to execute and deliver this Agreement. In addition, but not in substitution of the foregoing and except as expressly provided in this Agreement, (x) the Second Lien Priority Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the First Lien Priority Collateral Agent or the other First Lien Priority Claimholders by reason of this Agreement and (y) the First Lien Priority Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the Second Lien Priority Collateral Agent or the other Second Lien Priority Claimholders by reason of this Agreement.

Collateral Agents. It is understood and agreed that (i) Jefferies Finance LLC [—] is entering into this Agreement in its capacity as First Lien Collateral Agent and the rights, powers, privileges and protections afforded to the “Agent” under Article IX [—] of the First Lien Credit Agreement shall also apply to Jefferies Finance LLC [—] as First Lien Collateral Agent hereunder, (ii) BNYM is entering in this Agreement in its capacity as “Notes Collateral Agent” under the Second Lien Notes Security Agreement and the other Second Lien Documents and the rights, powers, privileges, protections, immunities and benefits afforded to the “Notes Collateral Agent” under the Second Lien Documents shall also apply to BNYM, as the Second Lien Collateral Agent hereunder, and (iii) the Second Lien Noteholders have expressly authorized and instructed the Second Lien Collateral Agent to execute and deliver this Agreement. In addition, but not in substitution of the foregoing and except as expressly provided in this Agreement, (x) the Second Lien Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the First Lien Collateral Agent or the other First Lien Claimholders by reason of this Agreement and (y) the First Lien Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the Second Lien Collateral Agent or the other Second Lien Claimholders by reason of this Agreement.

Collateral Agents. It is understood and agreed that (i) Jefferies Finance LLC Signature Bank is entering into this Agreement in its capacity as First Lien Priority Collateral Agent and the rights, powers, privileges and protections afforded to the “Agent” under Article IX Section 12 of the First Lien Priority Credit Agreement shall also apply to Jefferies Finance LLC Signature Bank as First Lien Priority Collateral Agent hereunder, (ii) BNYM Wilmington Trust, National Association is entering in this Agreement in its capacity as “Notes Collateral Agent” under the Second Lien Priority Notes Security Agreement and the other Second Lien Priority Documents and the rights, powers, privileges, protections, immunities and benefits afforded to the “Notes Collateral Agent” under the Second Lien Priority Documents shall also apply to BNYMWilmington Trust, National Association, as the Second Lien Priority Collateral Agent hereunder, and (iii) the Second Lien Priority Noteholders have expressly authorized and instructed the Second Lien Priority Collateral Agent to execute and deliver this Agreement. In addition, but not in substitution of the foregoing and except as expressly provided in this Agreement, (x) the Second Lien Priority Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the First Lien Priority Collateral Agent or the other First Lien Priority Claimholders by reason of this Agreement and (y) the First Lien Priority Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the Second Lien Priority Collateral Agent or the other Second Lien Priority Claimholders by reason of this Agreement.. DM3\8975843.1

Collateral Agents. It is understood and agreed that (i) Jefferies Finance LLC [ ] is entering into this Agreement in its capacity as First Lien Priority Collateral Agent and the rights, powers, privileges and protections afforded to the “Agent” under Article IX [ ] of the First Lien Priority Credit Agreement shall also apply to Jefferies Finance LLC [ ] as First Lien Priority Collateral Agent hereunder, (ii) BNYM U.S. Bank National Association is entering in this Agreement in its capacity as “Notes Collateral Agent” under the Second Lien Priority Notes Security Agreement and the other Second Lien Priority Indenture Documents and the rights, powers, privileges, protections, immunities and benefits afforded to the “Notes Collateral Agent” under the Second Lien Priority Indenture Documents shall also apply to BNYMU.S. Bank National Association, as the Second Lien Priority Collateral Agent hereunder, and (iii) the Second Lien Priority Noteholders have expressly authorized and instructed the Second Lien Priority Collateral Agent to execute and deliver this Agreement. In addition, but not in substitution of the foregoing and except as expressly provided in this Agreement, (x) the Second Lien Priority Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the First Lien Priority Collateral Agent or the other First Lien Priority Claimholders by reason of this Agreement and (y) the First Lien Priority Collateral Agent shall not be subject to any fiduciary, trust or other implied duties to the Second Lien Priority Collateral Agent or the other Second Lien Claimholders Priority Secured Parties by reason of this Agreement.