Common use of Implementation of CAM Clause in Contracts

Implementation of CAM. On the CAM Exchange Date, the Lenders shall automatically and without further act be deemed to have exchanged interests in the Designated Obligations and Swingline Exposures outstanding under the Credit Facilities such that in lieu of the interest of each Lender in the Designated Obligations and Swingline Exposures outstanding under each Credit Facility in which it shall participate as of such date, such Lender shall hold an interest in the Designated Obligations and Swingline Exposures outstanding under each of the Credit Facilities, whether or not such Lender shall previously have participated therein, equal to such Lender's CAM Percentage thereof. Each Participant that has acquired a participation from any Lender as contemplated by Section 9.04(e) and each Loan Party hereby consents and agrees to the CAM Exchange. Each Loan Party agrees from time to time to execute and deliver to the Administrative Agent all such promissory notes and other instruments and documents as the Administrative Agent shall reasonably request to evidence and confirm the respective interests of the Lenders after giving effect to the CAM Exchange, and each Lender agrees to surrender any promissory notes originally received by it in connection with its Loans hereunder to the Administrative Agent against delivery of any promissory notes so executed and delivered; PROVIDED, HOWEVER, that the failure of any Loan Party to execute or deliver or of any Lender to accept any such promissory note, instrument or document shall not affect the validity or effectiveness of the CAM Exchange.

Implementation of CAM. On the CAM Exchange DateDate (but only if the Redemption Date has not yet occurred), the Lenders shall automatically and without further act be deemed to have exchanged interests in the Designated Obligations and Swingline Exposures outstanding under the Credit Facilities such that in lieu of the interest of each Lender in the Designated Obligations and Swingline Exposures outstanding under each Credit Facility in which it shall participate as of such datedate (including such Lender's interest in the principal, reimbursement, interest and other Designated Obligations of each Borrower in respect of each such Credit Facility), such Lender shall hold an interest in the Designated Obligations and Swingline Exposures outstanding under each every one of the Credit FacilitiesFacilities (including the principal, reimbursement, interest and other Designated Obligations of each Borrower in respect of each such Credit Facility), whether or not such Lender shall previously have participated therein, equal to such Lender's CAM Percentage thereof. Each Participant that has acquired Lender and each Person acquiring a participation from any Lender as contemplated by Section 9.04(e) and each Loan Party 11.5 hereby consents and agrees to the CAM Exchange. Each Loan Party Borrower agrees from time to time to execute and deliver to the Administrative Agent all such promissory notes Notes and other instruments and documents as the Administrative Agent shall reasonably request to evidence and confirm the respective interests of the Lenders after giving effect to the CAM Exchange, and each Lender agrees to surrender any promissory notes Notes originally received by it in connection with its Loans hereunder to the Administrative Agent against delivery of any promissory notes so executed and deliverednew Notes evidencing its interests in the Credit Facilities; PROVIDEDprovided, HOWEVERhowever, that the failure of any Loan Party Borrower to execute or deliver or of any Lender to accept any such promissory noteNote, instrument or document shall not affect the validity or effectiveness of the CAM Exchange.