Common use of Existence and Amounts of Liens and Obligations Clause in Contracts

Existence and Amounts of Liens and Obligations. Whenever a Representative shall be required, in connection with the exercise of its rights or the performance of its obligations hereunder, to determine the existence or amount of any Senior Secured Obligations (or the existence of any commitment to extend credit that would constitute Senior Secured Obligations) or Junior Secured Obligations, or the Collateral subject to any such Lien, it may, acting reasonably, request that such information be furnished to it in writing by the other Representatives and shall be entitled to make such determination on the basis of the information so furnished; provided, however, that, if a Representative shall fail or refuse reasonably promptly to provide the requested information, the requesting Representative shall be entitled to make any such determination by such method as it may, in the exercise of its good faith judgment, determine, including by reliance upon a certificate of the Parent. Each Representative may rely conclusively, and shall be fully protected in so relying, on any determination made by it in accordance with the provisions of the preceding sentence (or as otherwise directed by a court of competent jurisdiction) and shall have no liability to the Parent or any of its subsidiaries, any Secured Party or any other Person as a result of such determination.

Existence and Amounts of Liens and Obligations. Whenever a Representative shall be required, in connection with the exercise of its rights or the performance of its obligations hereunder, to determine the existence or amount of any Senior Secured Obligations (or Junior Obligations, or the existence of any commitment to extend credit that would constitute Senior Secured Obligations) or Junior Secured ObligationsLien securing any such obligations, or the Collateral subject to any such Lien, it may, acting reasonably, may request that such information be furnished to it in writing by the other Representatives Representative and shall be entitled to make such determination on the basis of the information so furnished; provided, however, that, that if a Representative shall fail or refuse reasonably promptly to provide the requested information, the requesting Representative shall be entitled to make any such determination by such commercially reasonable method as it may, in the exercise of its good faith judgment, determine, including by reliance upon a certificate of the ParentCompany. Each Representative may rely conclusively, and shall be fully protected in so relying, on any determination made by it in accordance with the provisions of the preceding sentence (or as otherwise directed by a court of competent jurisdiction) and shall have no liability to Holdings, the Parent Company or any of its subsidiaries, any Secured Party or any other Person person as a result of such determination.

Existence and Amounts of Liens and Obligations. Whenever a Representative shall be required, in connection with the exercise of its rights or the performance of its obligations hereunder, to determine the existence or amount of any Senior Secured Obligations (or the existence of any commitment to extend credit that would constitute Senior Secured Obligations) or Junior Secured Obligations, or the Collateral subject to any such Lien, it may, acting reasonably, may request that such information be furnished to it in writing by the other Representatives and shall be entitled to make such determination on the basis of the information so furnished; provided, however, that, if a Representative shall fail or refuse reasonably promptly to provide the requested information, the requesting Representative shall be entitled to make any such determination by such method as it may, in the exercise of its good faith judgment, determine, including by reliance upon a certificate of the ParentU.S. Borrower. Each Representative may rely conclusively, and shall be fully protected in so relying, on any determination made by it in accordance with the provisions of the preceding sentence (or as otherwise directed by a court of competent jurisdiction) and shall have no liability to the Parent U.S. Borrower or any of its subsidiaries, any Secured Party or any other Person as a result of such determination.

Existence and Amounts of Liens and Obligations. Whenever a Representative shall be required, in connection with the exercise of its rights or the performance of its obligations hereunder, to determine the existence or amount of any Senior Secured Obligations (or the existence of any commitment to extend credit that would constitute Senior Secured Obligations) or Junior Secured Obligations, or the existence of any Lien securing any such obligations, or the Collateral subject to any such Lien, it may, acting reasonably, may request that such information be furnished to it in writing by the other Representatives Representative and shall be entitled to make such determination on the basis of the information so furnished; provided, however, that, that if a Representative shall fail or refuse reasonably promptly to provide the requested information, the requesting Representative shall be entitled to make any such determination by such method as it may, in the exercise of its good faith judgment, determine, including by reliance upon a certificate of the ParentIssuers. Each Representative may rely conclusively, and shall be fully protected in so relying, on any determination made by it in accordance with the provisions of the preceding sentence (or as otherwise directed by a court of competent jurisdiction) and shall have no liability to the Parent Issuers or any of its their subsidiaries, any Secured Party or any other Person person as a result of such determination.

Existence and Amounts of Liens and Obligations. Whenever a any Representative or Collateral Agent shall be required, in connection with the exercise of its rights or the performance of its obligations hereunder, to determine the existence or amount of any Senior Secured First Lien Obligations (or Second Lien Obligations, or the existence of any commitment to extend credit that would constitute Senior Secured Obligations) or Junior Secured ObligationsLien securing any such obligations, or the Collateral subject to any such Lien, it may, acting reasonably, may request that such information be furnished to it in writing by the other First Lien Representatives or the Second Lien Representatives and shall be entitled to make such determination on the basis of the information so furnished; provided, however, thatthat if, if a notwithstanding the request of such Representative, such Representative shall fail or refuse reasonably promptly to provide the requested information, the requesting such Representative shall be entitled to make any determine such determination existence or amount by such method as it may, in the exercise of its good faith judgment, determine, including by reliance upon a certificate of the Issuer or the Parent. Each Representative may rely conclusively, and shall be fully protected in so relying, on any determination made by it in accordance with the provisions of the preceding sentence (or as otherwise directed by a court of competent jurisdiction) and shall have no liability to the Parent or any of its subsidiaries, any Secured Party or any other Person Affiliate thereof as a result of such determination.