Common use of Collateral for the Note Clause in Contracts

Collateral for the Note. The Notes, together with Company’s obligations under the Transaction Documents, shall be guaranteed by certain subsidiaries of the Company, and secured by certain collateral of the Company and such subsidiaries, as set forth in that certain Security Agreement substantially in the form attached hereto as Exhibit C (the “Security Agreement”). The parties acknowledge and agree that the collateral covered by the Security Agreement is currently encumbered by a lien in favor of Bank of America, N.A. (“BAML”), as administrative and collateral agent for the secured parties under that certain Amended and Restated Security Agreement, dated as of May 26, 2016 (as amended and restated, supplemented or otherwise modified from time to time, the “ABL Agreement”) among Company, the lenders party thereto from time to time and BAML, as administrative and collateral agent, and that such security interest of BAML shall constitute a “Permitted Lien” under the Security Agreement.