Common use of Financing Issues Clause in Contracts

Financing Issues. If the Borrower or any Guarantor shall be subject to any Insolvency or Liquidation Proceeding and any Senior Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower to obtain financing under Section 363 or Section 364 of the Bankruptcy Code ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing any Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Borrower or any Guarantor shall be subject to any Insolvency or Liquidation Proceeding and any the Senior Collateral Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower or any Guarantor to obtain financing under Section 363 or Section 364 of the Bankruptcy Code ("DIP Financing"), then the TrusteeNoteholder Collateral Agent, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3herein) and, to the extent any of the Liens securing any Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Borrower or any Guarantor Maker shall be subject to any Insolvency or Liquidation Proceeding and any Senior Agent or any the Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower any Maker to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Code Law ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, Seller agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing any the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Seller Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Borrower either Company or any Guarantor other Grantor shall be subject to any Insolvency or Liquidation Proceeding and any Senior the Credit Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower either Company or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Code Law ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing any the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Borrower Company or any Guarantor other Grantor shall be subject to any Insolvency or Liquidation Proceeding and any Senior the Credit Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower Company or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Code Law ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to ). To the extent any of the Liens securing any Senior Lender Claims the Credit Agreement Obligations are subordinated or pari passu with such DIP Financing, will subordinate the Trustee, for and on behalf of itself and the Noteholders, hereby agrees that its Liens in the same Common Collateral shall be subordinated to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims Note Obligations are so subordinated to Senior Lender Claims Credit Agreement Obligations under this Agreement.

Financing Issues. If the any Borrower or any Guarantor shall be subject to any Insolvency or Liquidation Proceeding and any the Senior Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower to obtain financing under Section section 363 or Section section 364 of the Bankruptcy Code ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing any the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Borrower any Company or any Guarantor other Grantor shall be subject to any Insolvency or Liquidation Proceeding and any Senior the Credit Agent or any the Senior Lender Lenders shall desire to permit the use of cash collateral or to permit the Borrower any Company or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Code Law ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing any the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing and such Senior Lender Claims (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Borrower or any Guarantor other Grantor shall be subject to any Insolvency or Liquidation Proceeding and any the Senior Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Code Law ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing any the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the any Borrower or any Guarantor shall be subject to any Insolvency or Liquidation Proceeding and any the Senior Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Borrower to obtain financing under Section section 363 or Section section 364 of the Bankruptcy Code ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing any the Senior Lender Claims are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.