Common use of Lien Priority Confirmation Clause in Contracts

Lien Priority Confirmation. Each Holder, by accepting a Note, and the Trustee hereby agree that: (a) The Trustee and each of the Holders of the Obligations in respect of this Indenture are bound by the provisions of this Indenture and the Intercreditor Agreement; (b) The Trustee and each of the Holders consents to and directs the Collateral Trustee to act as agent for the Trustee and the Holders of the Obligations in respect of this Indenture, and to execute, deliver and perform its obligations under the Security Documents; (c) The Holders consent to and direct the Trustee to act as Applicable Parity Lien Representative under the Collateral Trust Agreement and Intercreditor Agreement, and to execute, deliver and perform its obligations in such capacity under such agreements; and (d) The Trustee and each of the Holders are bound by the Intercreditor Agreement. The foregoing provision is intended for the benefit of, and will be enforceable by, the Collateral Trustee, each existing and future holder of Parity Lien Debt and each existing and future representative with respect thereto, the Collateral Trustee, each existing and future holder of ABL Obligations and each existing and future representative with respect thereto.

Lien Priority Confirmation. Each Holder, by accepting a Note, and the Trustee hereby agree that: (a) The Trustee and each of the Holders of the Obligations in respect of this Indenture are bound by the provisions of this Indenture and the Intercreditor AgreementAgreements; (b) The Trustee and each of the Holders consents to and directs the Collateral Trustee to act as agent for the Trustee and the Holders of the Obligations in respect of this IndentureIndenture and for the Trustee, and to execute, deliver and perform its obligations under the Security Documents; (c) The Holders consent to and direct the Trustee to act as Applicable Parity Lien Representative under the Collateral Trust Agreement and Intercreditor Agreement, the security documents and to execute, deliver and perform its obligations in such capacity under such agreementsthe Intercreditor Agreements; and (dc) The Trustee and each of the Holders are bound by the Intercreditor AgreementAgreements. The foregoing provision is intended for the benefit of, and will be enforceable by, the Collateral Trustee, each existing and future holder of Parity Second Lien Debt Obligations and each existing and future representative with respect thereto, the First Lien Collateral Trustee, each existing and future holder of First Lien Obligations and each existing and future representative with respect thereto, the ABL Collateral Trustee, each existing and future holder of ABL Obligations and each existing and future representative with respect thereto.

Lien Priority Confirmation. Each Holder, by accepting a Note, Holder and the Trustee hereby on behalf of the Holders agree that: (a) The ABL Obligations and all Obligations under the First Lien Debt will be and are secured by Liens in priority to Liens securing the Notes pursuant to the provisions of, and in the manner described in, the Global Intercreditor Agreement. (b) The Tranche A Loan will be secured by Liens in priority to the Liens securing the Notes on the terms set forth in the Junior Lien Intercreditor Agreement. (c) The Trustee and each of the Holders in respect of the Obligations in respect of this Indenture are bound by the provisions of this Indenture the Intercreditor Agreements, including without limitation the provisions relating to the ranking of Liens and the Intercreditor Agreement; (b) The Trustee and each order of the Holders consents to and directs the Collateral Trustee to act as agent for the Trustee and the Holders application of the Obligations in respect of this Indenture, and to execute, deliver and perform its obligations under the Security Documents; (c) The Holders consent to and direct the Trustee to act as Applicable Parity Lien Representative under the Collateral Trust Agreement and Intercreditor Agreement, and to execute, deliver and perform its obligations in such capacity under such agreementsproceeds from enforcement thereof; and (d) The Trustee and each of the Holders are bound by consent to and direct the Junior Lien Collateral Agent to perform the Junior Lien Collateral Agent’s obligations under the Intercreditor Agreements and the Collateral Documents. Subject to the terms of the Intercreditor Agreement. The , the foregoing provision is provisions of this Section 12.18 are intended for the enforceable benefit of, and will be enforceable as a third party beneficiary by, the Collateral TrusteeABL Agent, all holders of First Lien Debt, each existing and future holder representative of Parity First Lien Debt and each existing and future representative with respect thereto, the Collateral Trustee, each existing and future holder of ABL Obligations and each existing and future representative with respect theretoAgent.

Lien Priority Confirmation. Each Holder, by accepting a Note, and the Trustee hereby agree that: (a) The Trustee and each of the Holders of the Obligations in respect of this Indenture are bound by the provisions of this Indenture and the Intercreditor Agreement; (b) The Trustee and each of the Holders consents to and directs the Collateral Trustee to act as agent for the Trustee and the Holders of the Obligations in respect of this IndentureIndenture and for the Trustee, and to execute, deliver and perform its obligations under the Security Documents; (c) The Holders consent to and direct the Trustee to act as Applicable Parity Lien Representative under the Collateral Trust Agreement Agreement, the Security Documents and the Intercreditor Agreement, and to execute, deliver and perform its obligations in such capacity under such agreements; and (dc) The Trustee and each of the Holders are bound by the Intercreditor Agreement. The foregoing provision is intended for the benefit of, and will be enforceable by, the Collateral Trustee, each existing and future holder of Parity Second Lien Debt and each existing and future representative with respect thereto, the Collateral Trustee, each existing and future holder of ABL First Lien Obligations and each existing and future representative with respect thereto.

Lien Priority Confirmation. Each Holder, by accepting a Note, and the Trustee hereby agree that: (a) The Trustee and each of the Holders of the Obligations in respect of this Indenture are bound by the provisions of this Indenture and the Intercreditor Agreement; (b) The Trustee and each of the Holders consents to and directs the Collateral Trustee to act as agent for the Trustee and the Holders of the Obligations in respect of this Indenture, and to execute, deliver and perform its obligations under the Collateral Trust Agreement, the Security DocumentsDocuments and the Intercreditor Agreement; (c) The Holders consent to and direct the Trustee to act as Applicable Parity Lien Representative under the Collateral Trust Agreement and Intercreditor Agreement, and to execute, deliver and perform its obligations in such capacity under such agreements; and (d) The Trustee and each of the Holders are bound by the Intercreditor Agreement. The foregoing provision is intended for the benefit of, and will be enforceable by, the Collateral Trustee, each existing and future holder of Parity Lien Debt and each existing and future representative with respect thereto, the Collateral Trustee, each existing and future holder of ABL Obligations and each existing and future representative with respect thereto.