Common use of Collateral and Security Documents Clause in Contracts

Collateral and Security Documents. (a) To secure the due and punctual payment of the obligations of the Company under this Indenture and the Securities, the Company, the Guarantors, the Collateral Agent and the Trustee have entered into the Security Documents to create the security interests and related matters. The Trustee and the Company hereby acknowledge and agree that the Collateral Agent holds the Collateral in trust for the equal and ratable benefit of the Holders and the Trustee and the other parties secured under the Security Documents pursuant to the terms of the Security Documents. (b) Each Holder, by accepting a Security, agrees to all of the terms and provisions of the Security Documents, as the same may be amended from time to time pursuant to the provisions of the Security Documents and this Indenture, and authorizes and directs each of the Trustee and the Collateral Agent to perform its obligations and exercise its rights under the Security Documents in accordance therewith; provided, however, that if any provisions of the Security Documents limit, qualify or conflict with the duties imposed by the provisions of the TIA, the TIA will control. (c) As more fully set forth in, and subject to the provisions of, the Security Documents, the Secured Parties have rights in and to the Collateral which are equal and ratable with the rights that may be created in favor of the holders of any Refinancing Debt with respect to the Securities and certain other parties identified in the Security Documents. (d) As among the Holders, the Collateral shall be held for the equal and ratable benefit of the Holders without preference, priority or distinction of any thereof over any other.

Collateral and Security Documents. (a) To The Notes Obligations shall be secured as provided in the Security Documents, which define the terms of the Liens that secure the due and punctual payment of the obligations of the Company under this Indenture and the SecuritiesNotes Obligations, the Company, the Guarantors, the Collateral Agent and the Trustee have entered into the Security Documents to create the security interests and related matters. The Trustee and the Company hereby acknowledge and agree that the Collateral Agent holds the Collateral in trust for the equal and ratable benefit of the Holders and the Trustee and the other parties secured under the Security Documents pursuant subject to the terms of the Security Documents. (b) Equal Priority Intercreditor Agreement, if any. Each Holder, by accepting a SecurityNote, consents and agrees to all of the terms of and provisions of otherwise be bound by the Security DocumentsDocuments (including the provisions providing for the possession, use, release and foreclosure of Collateral) and the Equal Priority Intercreditor Agreement (if in effect) as the same may be in effect or may be amended from time to time pursuant in accordance with their terms and this Indenture and the Equal Priority Intercreditor Agreement (if in effect) and authorizes and directs the Collateral Trustee to the provisions of enter into the Security Documents and this Indenture, the Equal Priority Intercreditor Agreement (if in effect) and authorizes and directs each of the Trustee and the Collateral Agent to perform its obligations and exercise its rights thereunder in accordance therewith. The Issuers and the Guarantors will, to the extent required under the Security Documents in accordance therewith; provided, however, that if any provisions of the Security Documents limit, qualify or conflict with the duties imposed by the provisions of the TIA, the TIA will control. (c) As more fully set forth in, and subject to the provisions oflimitations therein, do or cause to be done all things (including the Security Documentsfiling of UCC financing statements, the Secured Parties have rights in continuation statements and amendments thereto) which are necessary to confirm that the Collateral which are equal and ratable with the rights that may be created in favor of the holders of any Refinancing Debt with respect to the Securities and certain other parties identified Trustee holds a Lien in the Security DocumentsCollateral, including property that becomes Collateral after the Escrow Release Date. (d) As among the Holders, the Collateral shall be held for the equal and ratable benefit of the Holders without preference, priority or distinction of any thereof over any other.

Collateral and Security Documents. (a) To secure the due and punctual payment of the obligations of the Company Guarantor under this Indenture (including the Guarantee) and the SecuritiesNotes, the Company, the Guarantors, Guarantor and the Collateral Agent and the Trustee have entered or shall enter into the Security Documents to create the security interests and related mattersDocuments. The Trustee Trustee, the Company and the Company Guarantor hereby acknowledge and agree that the Collateral Agent holds the Collateral in trust for the equal and ratable benefit of the Holders and Holders, the Trustee and the other parties secured under the Security Documents holders of First Lien Obligations, in each case pursuant to the terms of the Security Documents. (b) Each Holder, by accepting a SecurityNote and a Guarantee, agrees to all of the terms and provisions of the Security Documents, as the same may be amended from time to time pursuant to the provisions of the Security Documents and this Indenture, and authorizes and directs each of the Trustee and the Collateral Agent and the Trustee to execute and to perform its their obligations and exercise its their rights under the Security Documents in accordance therewith; provided, however, that if any provisions of the Security Documents limit, qualify or conflict with the duties imposed by the provisions of the TIA, the TIA will controlterms thereof. (c) As more fully set forth in, and subject to the provisions of, the Security Documents, the Secured Parties Holders and the Trustee, on behalf of such Holders, shall have rights in and to the Collateral which are equal and ratable with the rights that may be created in favor of the lenders under the Credit Agreement and the other holders of any Refinancing Debt with respect to the Securities and certain other parties identified in the Security DocumentsFirst Lien Obligations. (d) As among the Holders, the Collateral shall be held for the equal and ratable benefit of the Holders without preference, priority or distinction of any thereof over any other.

Collateral and Security Documents. (a) To secure the due and punctual payment of the obligations of the Issuers and the Company under this Indenture and the Securities, the Issuers, the Company, the Guarantors, Trustee and the Collateral Agent and the Trustee have entered into the Security Documents to create the security interests and related matters. The Trustee Trustee, the Issuers and the Company hereby acknowledge and agree that the Collateral Agent holds the Collateral in trust for the equal and ratable benefit of the Holders and the Trustee and the other parties secured under the Security Documents pursuant to the terms of the Security Documents. (b) Each Holder, by accepting a Security, agrees to all of the terms and provisions of the Security Documents, as the same may be amended from time to time pursuant to the provisions of the Security Documents and this Indenture, and authorizes and directs each of the Trustee and the Collateral Agent to perform its obligations and exercise its rights under the Security Documents in accordance therewith; provided, however, that if any provisions of the Security Documents limit, qualify or conflict with the duties imposed by the provisions of the TIA, the TIA will control. (c) As more fully set forth in, and subject to the provisions of, the Security Documents, the Secured Parties Holders, and the Trustee on behalf of such Holders, have rights in and to the Collateral which are equal second in priority and ratable with subordinated to the rights that may be created in favor of the creditors under the Bank Credit Facility and the holders of any Refinancing Debt with respect to the Securities and certain other parties identified in the Security DocumentsNotes. (d) As set forth in and governed by the Security Documents, the Collateral as now or hereafter constituted shall be held for the benefit of the Secured Creditors (as defined in the Security Documents) with the preference, priority or distinction set forth in the Security Documents. As among the Holders, the Collateral shall be held for the equal and ratable benefit of the Holders without preference, priority or distinction of any thereof over any other.

Collateral and Security Documents. (a) To In order to secure the due and punctual payment of the obligations of the Company under this Indenture and the Securities, the Company, the Guarantors, the Collateral Agent and the Trustee Pledgors have entered into the respective Security Documents to which they are party to create the Security Interests and for related matters and pursuant to which the Company has granted to the Collateral Agent for the benefit of the Holders a second priority Lien on and security interests interest in the Collateral, subject only to the Lien granted for the benefit of the lenders under the New Credit Facility and related mattersother Liens expressly permitted under the terms of the Security Documents. The Trustee Trustee, the Collateral Agent, the Company and the Company Guarantors hereby acknowledge and agree that the Collateral Agent holds the Collateral in trust for the equal and ratable benefit of the Holders and the Trustee and the other parties secured under the Security Documents pursuant to the terms of this Indenture and the Security Documents. Subject only to the provisions of the Security Documents and this Indenture, the Securities and the Guarantees shall be secured by the Collateral securing the New Credit Facility. (b) Each Holderholder of a Security, by accepting a Security, agrees to all of the terms and provisions of the Security Documents, as the same may be amended from time to time pursuant to the provisions of the Security Documents and this Indenture. Notwithstanding anything to the contrary contained herein, and authorizes and directs each of the Trustee and the Collateral Agent to perform its obligations and exercise its rights under the Security Documents in accordance therewith; provided, however, that if any provisions provision of the Security Documents limit, qualify or conflict this Article XI hereof conflicts with the duties imposed by the provisions of the TIA, the TIA will control. (c) As more fully set forth in, and subject to the provisions of, a provision contained in the Security Documents, the Secured Parties have rights in and to Security Documents shall govern unless the Collateral which are equal and ratable with terms of such conflicting Security Document expressly provides that the rights that may be created in favor terms of the holders of any Refinancing Debt with respect to the Securities and certain other parties identified in the Security DocumentsIndenture shall govern. (d) As among the Holders, the Collateral shall be held for the equal and ratable benefit of the Holders without preference, priority or distinction of any thereof over any other.