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

Designation of Non-Lender Secured Parties. The Borrower may from time to time designate a Person as a “Bank Products Affiliate,” a “Bank Products Provider,” a “Hedging Affiliate” or a “Management Credit Provider” under subsection 8.4 of the Guarantee and Collateral Agreement by written notice to the Collateral Agent. Upon being so designated by the Borrower, such Bank Products Provider, Bank Products Affiliate, Hedging Affiliate or 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 Borrower; provided that, at the time of the Borrower’s designation of such Non-Lender Secured Party, the obligations of the Pledgor under the applicable Hedging Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as 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 “Bank Products Provider,” ”, a “Hedging Affiliate”, a “Hedging Provider” or a “Management Credit Provider” under subsection 8.4 of the Guarantee and Collateral Agreement hereunder by written notice to the Collateral Agent. Upon being so designated by the Parent Borrower, such Bank Products Provider, Bank Products Affiliate, Hedging Provider, Hedging Affiliate or 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 Pledgor relevant Grantor under the applicable Hedging Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as ABL Additional Obligations.

Designation of Non-Lender Secured Parties. The Borrower may from time to time designate a Person as a “Bank Products Affiliate,” a “Bank Products Provider,” a “Hedging AffiliateProvider” or a “Management Credit Provider” under subsection 8.4 of the Guarantee and Collateral Agreement hereunder by written notice to the Collateral Agent. Upon being so designated by the Borrower, such Bank Products Provider, Bank Products Affiliate, Hedging Affiliate Provider or 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 Borrower; provided that, at the time of the Borrower’s designation of such Non-Lender Secured Party, the obligations of the Pledgor relevant Grantor under the applicable Hedging Agreement, Bank Products Agreement or Management Guarantee (as the case may be) have not been designated as ABL Obligations, Additional ABL Obligations or Additional Cash Flow Obligations.