Common use of Designation of Non-Lender Secured Parties Clause in Contracts

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products Affiliate” or a “Hedging Affiliate” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit Agreement. Upon being so designated by the Parent Borrower, such Bank Products Affiliate or Hedging Affiliate (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party under the applicable Hedging Agreement or Bank Products Agreement (as the case may be) have not been designated as Additional Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products AffiliateProvider,” a “Hedging Provider” or a “Hedging AffiliateManagement Credit Provider” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate Provider, Hedging Provider or Hedging Affiliate Management Credit Provider (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party Grantor under the applicable Hedging Agreement or Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as Additional Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products Affiliate” or a “Hedging Affiliate” hereunder by written notice to the U.S. ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate or Hedging Affiliate (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party such Grantor under the applicable Hedging Agreement or Bank Products Agreement (as the case may be) have not been designated as Additional Cash Flow Collateral Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products AffiliateProvider,” a “Hedging Provider” or a “Hedging AffiliateManagement Credit Provider” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate Provider, Hedging Provider or Hedging Affiliate Management Credit Provider (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party Grantor under the applicable Hedging Agreement or Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as Additional Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products Affiliate” or a “Hedging Affiliate” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate or Hedging Affiliate (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party such Grantor under the applicable Hedging Agreement or Bank Products Agreement (as the case may be) have not been designated as Term Loan Facility Obligations, Additional Term Obligations or Additional ABL Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products Affiliate,” a “Hedging Affiliate” or a “Hedging AffiliateManagement Credit Provider” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate, Hedging Affiliate or Hedging Affiliate Management Credit Provider (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party under the applicable Hedging Agreement or Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as Term Loan Facility Obligations, Additional ABL Obligations or Additional Term Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products Affiliate” or a “Hedging Affiliate” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate or Hedging Affiliate (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party such Grantor under the applicable Hedging Agreement or Bank Products Agreement (as the case may be) have not been designated as Note Obligations or Additional Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a qualifying Person as a “Bank Products AffiliateProvider,” a “Hedging Provider” or a “Hedging AffiliateManagement Credit Provider” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate Provider, Hedging Provider or Hedging Affiliate Management Credit Provider (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party Grantor under the applicable Hedging Agreement or Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as ABL Obligations, Junior Priority Obligations or Additional Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a qualifying Person as a “Bank Products AffiliateProvider,” a “Hedging Provider” or a “Hedging AffiliateManagement Credit Provider” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate Provider, Hedging Provider or Hedging Affiliate Management Credit Provider (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party Grantor under the applicable Hedging Agreement or Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as ABL Obligations, Junior Priority Obligations (as defined in the Base Intercreditor Agreement) or Additional Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products Affiliate” or a “Hedging Affiliate” hereunder under subsection 8.4 of the Guarantee and Collateral Agreement by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate or Hedging Affiliate (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party any Grantor under the applicable Hedging Agreement or Bank Products Agreement (as the case may be) have not been designated as Additional Cash Flow Collateral Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products Affiliate” or a “Hedging Affiliate” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate or Hedging Affiliate (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party such Grantor under the applicable Hedging Agreement or Bank Products Agreement (as the case may be) have not been designated as Term Obligations, Additional Term Obligations or Additional ABL Obligations.

Designation of Non-Lender Secured Parties. The Parent Borrower may from time to time designate a Person as a “Bank Products AffiliateProvider,” a “Hedging Provider” or a “Hedging AffiliateManagement Credit Provider” hereunder by written notice to the ABL Collateral Agent in accordance with the terms of the ABL Credit AgreementAgent. Upon being so designated by the Parent Borrower, such Bank Products Affiliate Provider, Hedging Provider or Hedging Affiliate Management Credit Provider (as the case may be) shall be a Non-Lender Secured Party for the purposes of this Agreement for as long as so designated by the Parent Borrower; provided that, at the time of the Parent Borrower’s designation of such Non-Lender Secured Party, the obligations of the relevant U.S. Granting Party Grantor under the applicable Hedging Agreement or Hedge Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as Additional Obligations.