Common use of Most Favored Lender Clause in Contracts

Most Favored Lender. (a) If, on any date, the Company or any its Subsidiaries enters into, assumes or otherwise is or becomes bound or obligated under a Principal Credit Facility that contains one or more Additional Negative Covenants (including, for the avoidance of doubt, as a result of any amendment to any Principal Credit Facility, whether or not in effect on the date hereof, causing it to contain one or more Additional Negative Covenants), then (i) the Company will promptly, and in any event within five Business Days, notify the holders of the Notes thereof, and (ii) whether or not the Company provides such notice, the terms of this Agreement shall, without any further action on the part of the Company or any holder of the Notes, be deemed to be amended automatically to include each Additional Negative Covenant in this Agreement. The Company further covenants to promptly execute and deliver at its expense (including the fees and expenses of counsel for the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Required Holders evidencing the amendment of this Agreement to include such Additional Negative Covenants in this Agreement, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this clause (a), but shall merely be for the convenience of the parties hereto.

Most Favored Lender. The Company will not, and will not permit any Subsidiary to, enter into, assume or otherwise be bound or obligated (aincluding, without limitation, by amendment or modification) Ifunder any Material Credit Facility, or under any agreement creating or evidencing Indebtedness in excess of $15,000,000 (the Material Credit Facilities and any such other agreement each being an “MFL Agreement”), in either case containing one or more Additional Covenants (other than those in the Principal Credit Facilities on any datethe date hereof) or Additional Defaults (other than those in the Principal Credit Facilities on the date hereof), unless prior written consent to such MFL Agreement shall have been obtained pursuant to Section 17.1; provided, that in the event the Company or any its Subsidiaries enters Subsidiary shall enter into, assumes assume or otherwise is or becomes become bound by or obligated under a Principal Credit Facility that contains one or more Additional Negative Covenants (including, for any such MFL Agreement without the avoidance of doubt, as a result of any amendment to any Principal Credit Facility, whether or not in effect on the date hereof, causing it to contain one or more Additional Negative Covenants), then (i) the Company will promptly, and in any event within five Business Days, notify the holders prior written consent of the Notes thereof, and (ii) whether or not the Company provides such noticeRequired Holders, the terms of this Agreement shall, without any further action on the part of the Company or any holder of the holders of Notes, be deemed to be amended automatically to include each Additional Negative Covenant and each Additional Default contained in this such MFL Agreement. The Company further covenants to promptly execute and deliver at its expense (including the fees and expenses of counsel for the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Required Holders evidencing the amendment of this Agreement to include such Additional Negative Covenants in this Agreementand Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this clause (a)Section 10.12, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. (a) If, on any date, the Company or any its Subsidiaries enters into, assumes or otherwise is or becomes bound or obligated under a Principal Credit Bank Facility that contains one or more Additional Negative Covenants or Additional Defaults (including, for the avoidance of doubt, as a result of any amendment to any Principal Credit the Bank Facility, whether or not in effect on the date hereofof the First Amendment, causing it to contain one or more Additional Negative CovenantsCovenants or Additional Defaults), then then, concurrently therewith, (i) the Company will promptly, and in any event within five Business Days, notify the holders of the Notes thereof, and (ii) whether or not the Company provides such notice, the terms of this Agreement shall, without any further action on the part of the Company or any holder of the Notes, be deemed to be amended automatically to include each Additional Negative Covenant and each Additional Default in this Agreement. The Company further covenants to promptly execute and deliver at its expense (including including, without limitation, the fees and expenses of counsel for the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Required Holders evidencing the amendment of this Agreement to include such Additional Negative Covenants and Additional Defaults in this Agreement, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this clause (a), but shall merely be for the convenience of the parties hereto.

Most Favored Lender. (ai) If, on any datedate following the Effective Date, the Company or any its Subsidiaries enters into, assumes or otherwise Credit Agreement is or becomes bound or obligated under a Principal Credit Facility that contains one or more Additional Negative Covenants (including, for the avoidance of doubt, as a result of any amendment to any Principal Credit Facility, whether or not in effect on the date hereof, causing it amended to contain one or more Additional Negative Covenants)Covenants or Additional Defaults, then (ia) the Company will promptly, and in any event within five Business Days10 days thereafter, notify Prudential and the holders of the Notes thereof, and (iib) whether or not the Company provides such notice, the terms of this Agreement shall, without any further action on the part of the Company Company, Prudential, or any holder of the Notes, be deemed to be amended automatically to include each Additional Negative Covenant and each Additional Default in this Agreement. The Company further covenants to promptly execute and deliver at its expense (including including, without limitation, the reasonable and documented out-of-pocket fees and expenses of counsel for Prudential and the holders of the Notes) an amendment to this Agreement in form and substance reasonably satisfactory to Prudential and the Required Holders evidencing the amendment of this Agreement to include such Additional Negative Covenants and Additional Defaults in this Agreement, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this clause (a)paragraph 5L, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. (a) IfThe Company covenants that if, on any date, the Company it or any its Subsidiaries other Credit Agreement Borrower enters into, assumes or otherwise is or becomes bound or obligated under a Principal any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by the Notes) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any one or more of the Company and any other Credit Facility Agreement Borrower, that contains contains, or amends any such agreement to contain, one or more Additional Negative Covenants (including, for the avoidance of doubt, as a result of any amendment to any Principal Credit Facility, whether or not in effect on the date hereof, causing it to contain one or more Additional Negative Covenants)Defaults, then (i) the Company will promptly, and in any event within five Business Days, notify the holders of the Notes thereof, and (ii) whether or not the Company provides on such notice, date the terms of this Agreement shall, without any further action on the part of the Company or any holder of the holders of the Notes, be deemed to be amended automatically to include each Additional Negative Covenant and each Additional Default contained in this Agreementsuch agreement. The Company further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Required Holders Holder(s) evidencing the amendment of this Agreement to include such Additional Negative Covenants in this Agreementand Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this clause (a)paragraph 5P, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. (a) If, on any date, the Company or any its Subsidiaries enters into, assumes or otherwise is or becomes bound or obligated under a Principal Credit Facility that contains one or more Additional Negative Covenants (including, for the avoidance of doubt, as a result of any amendment to any Principal Credit Facility, whether or not in effect on the date hereof, causing it to contain one or more Additional Negative Covenants), then (i) the Company will promptly, and in any event within five Business Days, notify New York Life and the holders of the Notes thereof, and (ii) whether or not the Company provides such notice, the terms of this Agreement shall, without any further action on the part of the Company Company, New York Life or any holder of the Notes, be deemed to be amended automatically to include each Additional Negative Covenant in this Agreement. The Company further covenants to promptly execute and deliver at its expense (including the fees and expenses of counsel for New York Life and the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to New York Life and the Required Holders evidencing the amendment of this Agreement to include such Additional Negative Covenants in this Agreement, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this clause (a), but shall merely be for the convenience of the parties hereto.

Most Favored Lender. (a) If, on any date, the Company or any its Subsidiaries enters into, assumes or otherwise is or becomes bound or obligated under a Principal Credit Facility that contains one or more Additional Negative Covenants (including, for the avoidance of doubt, as a result of any amendment to any Principal Credit Facility, whether or not in effect on the date hereof, causing it to contain one or more Additional Negative Covenants), then (i) the Company will promptly, and in any event within five Business Days, notify Prudential and the holders of the Notes thereof, and (ii) whether or not the Company provides such notice, the terms of this Agreement shall, without any further action on the part of the Company Company, Prudential or any holder of the Notes, be deemed to be amended automatically to include each Additional Negative Covenant in this Agreement. The Company further covenants to promptly execute and deliver at its expense (including the fees and expenses of counsel for Prudential and the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to Prudential and the Required Holders evidencing the amendment of this Agreement to include such Additional Negative Covenants in this Agreement, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this clause (a), but shall merely be for the convenience of the parties hereto.