Within 90 days after the Closing Date, the Issuer and the applicable Senior Guarantors shall use their commercially reasonable efforts to obtain (i) landlord consents, in form and substance satisfactory to the Required Holders, with respect to each leased location and (ii) letter agreements, in form and substance satisfactory to the Required Holders, from counterparties to service agreements relating to the servers.
Each holder of Senior Indebtedness shall be deemed to have acquired Senior Indebtedness in reliance upon the agreements of Borrowers, Senior Guarantors and the Holder contained in this Section X.
The Notes shall be senior secured obligations of the Issuer and the Guaranty shall be (i) the senior secured obligation of the Senior Guarantors and (ii) the subordinated secured obligations of the Subordinated Guarantors.
The Trustee may be appointed, and may serve contemporaneously with its service hereunder, as trustee under an Indenture among the Company, the Senior Guarantors and it providing for issuance by the Company of debt instruments subordinated to the Securities (the "Subordinated Indenture") and shall not be considered to be conflicted in its duties under either the Subordinated Indenture or this Indenture by reason of its acting as trustee under the other.
The Administrative Agent shall have received counterparts of the Third Amendment to the Senior Secured Credit Agreement in the form attached hereto as Exhibit A with respect to the Senior Credit Facility, fully executed by Borrower, Senior Guarantors, Societe Generale as Administrative Agent, SG Cowen Securities Corporation as Joint Lead Arranger and Book Runner, Salomon Smith Barney Inc.