SECTION CERTAIN POST CLOSING OBLIGATIONS Clause Samples

SECTION CERTAIN POST CLOSING OBLIGATIONS. (a) On or before the 18-month anniversary of the Closing Date, Holdings shall cause Borrower to have received aggregate cash equity contributions and/or Qualified Intercompany Loans, since the date of its formation, of not less than $250,000,000; provided, as used in this Section 5.21(a), the phrase "aggregate cash equity contributions" shall not include any amount included in clause (ii)(F) of the definition of the term of "EBITDA". (b) In addition to the five (5) Landlord Consents and Estoppels delivered by Borrower on the Closing Date pursuant to Section 4.01(k), within 90 days after the Closing Date, Borrower shall obtain a Landlord Consent and Estoppel with respect to four (4) of the premises at which as of the Closing Date a transmission node (ATM switch center node) is located, and within 180 days after the Closing Date, Borrower shall obtain a Landlord Consent and Estoppel with respect to all remaining premises at which, as of the Closing Date, a transmission node (ATM switch center node) is located; provided, however, that on and after the date of consummation of a Qualified Equity Offering, Borrower shall only by obligated under this clause (b) to use its best efforts to accomplish the foregoing. (c) Within 180 days after the Closing Date, with respect to not less than 50% of Borrower's collocation agreements in effect as of the Closing Date, Borrower shall either (y) obtain the consents of any necessary parties to the grant of a security interest therein in favor of Collateral Agent under the Pledge and Security Agreement or (z) assign all rights under FIRST PRIORITY LOAN AGREEMENT ----------------------------- such collocation agreements to a newly-created, wholly-owned Subsidiary, in each case in a manner reasonably acceptable to the Administrative Agent and Collateral Agent; provided that on and after the date of consummation of a -------- Qualified Equity Offering, Borrower shall only be obligated under this clause (c) to use its best efforts to accomplish the foregoing. (d) Notwithstanding anything in this Agreement or in any other Loan Document to the contrary (but subject, in any event to Sections 5.21(b) and 5.21(c)), each Credit Party shall use its best efforts to (i) obtain a Landlord Consent and Estoppel with respect to any Leasehold Property at which a transmission node (ATM switch center node) is located, and (ii) take the steps set forth at Section 5.21(c)(y) or (c)(z) with respect to any collocation agreement entered into thereby.