Common use of Costs and Benefits Clause in Contracts

Costs and Benefits. Notwithstanding any term or provision of this Section 8.12 to the contrary, without limiting the right of the Administrative Agent or the Lenders to require a Lien or a security interest in the Equity Interests of, or guaranty from, any newly acquired or created Subsidiary of Holdings (or any Subsidiary of Holdings that ceases to be an Immaterial Subsidiary), or a Lien or security interest on any assets or properties of Holdings or any of its Subsidiaries, so long as no Event of Default has occurred and is continuing, Holdings may request in writing to the Lenders that the Lenders waive the requirements of this Section 8.12 to provide a Lien, security interest or guaranty, as the case may be, due to the cost or burden thereof to Holdings and its Subsidiaries (when taken as a whole) being unreasonably excessive relative to the benefit that would inure to the Secured Parties, and describing such cost or burden in reasonable detail. Upon receipt of any such written notice, the Lenders shall review and consider such request in good faith and, within five (5) Business Days of receipt of such request, shall determine in their sole but commercially reasonable discretion, and notify Holdings of such determination, whether the Lenders will grant such request for a waiver.

Costs and Benefits. Notwithstanding any term or provision of this Section 8.12 to the contrary, without limiting the right of the Administrative Agent or the Lenders to require a Lien or a security interest in the Equity Interests of, or guaranty from, any newly acquired or created Subsidiary of Holdings (or any Subsidiary of Holdings that ceases to be an Immaterial Subsidiary)the Borrower, or a Lien or security interest interests on any assets or properties of Holdings the Borrower or any of its Subsidiaries, so long as no Event of Default has occurred and is continuing, Holdings the Borrower may request in writing to the Lenders that the Lenders waive the requirements of this Section 8.12 to provide a Lien, security interest or guaranty, as the case may be, due to the cost or burden thereof to Holdings the Borrower and its Subsidiaries (when taken as a whole) being unreasonably excessive relative to the benefit that would inure to the Secured Parties, and describing such cost or burden in reasonable detail. Upon receipt of any such written notice, the Lenders shall review and consider such request in good faith and, within five (5) Business Days of receipt of such request, shall determine in their sole but commercially reasonable discretion, and notify Holdings the Borrower of such determination, whether the Lenders will grant such request for a waiver.

Costs and Benefits. Notwithstanding any term or provision of this Section 8.12 to the contrary, without limiting the right of the Administrative Agent or the Lenders to require a Lien or a security interest in the Equity Interests of, or guaranty from, any newly acquired or created ny-2328495 Subsidiary of Holdings (or any Subsidiary of Holdings that ceases to be an Immaterial Subsidiary)Parent, or a Lien or security interest on any assets or properties of Holdings Parent or any of its Subsidiaries, so long as no Event of Default has occurred and is continuing, Holdings Parent and the Borrower may request in writing to the Lenders Agent that the Majority Lenders waive the requirements of this Section 8.12 to provide a Lien, security interest or guaranty, as the case may be, due to the cost or burden thereof to Holdings Parent and its Subsidiaries (when taken as a whole) being unreasonably excessive relative to the benefit that would inure to the Secured Parties, and describing such cost or burden in reasonable detail. Upon receipt of any such written notice, the Lenders Agent shall review and consider such request with the Lenders in good faith and, within five (5) Business Days of receipt of such request, the Majority Lenders (after consultation with the Agent) shall determine in their sole but commercially reasonable discretion, and notify Holdings Parent and the Borrower of such determination, whether the Majority Lenders will grant such request for a waiver.

Costs and Benefits. Notwithstanding any term or provision of this Section 8.12 to the contrary, without limiting the right of the Administrative Agent or the Lenders to require a Lien or a security interest in the Equity Interests of, or guaranty from, any newly acquired or created Subsidiary of Holdings the Borrower (or any Subsidiary of Holdings the Borrower that ceases to be an Immaterial Subsidiary), or a Lien or security interest on any assets or properties of Holdings the Borrower or any of its Subsidiaries, so long as no Event of Default has occurred and is continuing, Holdings the Borrower may request in writing to the Lenders that the Lenders waive the requirements of this Section 8.12 to provide a Lien, security interest or guaranty, as the case may be, due to the cost or burden thereof to Holdings the Borrower and its Subsidiaries (when taken as a whole) being unreasonably excessive relative to the benefit that would inure to the Secured Parties, and describing such cost or burden in reasonable detail. Upon receipt of any such written notice, the Lenders shall review and consider such request in good faith and, within five (5) Business Days of receipt of such request, shall determine in their sole but commercially reasonable discretion, and notify Holdings the Borrower of such determination, whether the Lenders will grant such request for a waiver.

Costs and Benefits. Notwithstanding any term or provision of this Section 8.12 to the contrary, without limiting the right of the Administrative Agent or the Lenders to require a Lien or a security interest in the Equity Interests of, or guaranty from, any newly acquired or created Subsidiary of Holdings (or any Subsidiary of Holdings that ceases to be an Immaterial Subsidiary)Parent, or a Lien or security interest on any assets or properties of Holdings Parent or any of its Subsidiaries, so long as no Event of Default has occurred and is continuing, Holdings Parent and the Borrower may request in writing to the Lenders Agent that the Majority Lenders waive the requirements of this Section 8.12 to provide a Lien, security interest or guaranty, as the case may be, due to the cost or burden thereof to Holdings Parent and its Subsidiaries (when taken as a whole) being unreasonably excessive relative to the benefit that would inure to the Secured Parties, and describing such cost or burden in reasonable detail. Upon receipt of any such written notice, the Lenders Agent shall review and consider such request with the Lenders in good faith and, within five (5) Business Days of receipt of such request, the Majority Lenders (after consultation with the Agent) shall determine in their sole but commercially reasonable discretion, and notify Holdings Parent and the Borrower of such determination, whether the Majority Lenders will grant such request for a waiver.. (d)