Common use of Order and Priority Clause in Contracts

Order and Priority. Notwithstanding any other ------------------ provision of this Agreement (other than Section 4.02(b)), the Liquidity Agent and the Liquidity Lenders agree that the Obligations of ▇▇▇▇▇ to the Liquidity Agent and the Liquidity Lenders hereunder shall be payable in the order and priority set forth in Sections 2.01 and 5.02(b), as applicable, of the Collateral Agreement. The Liquidity Agent and the Liquidity Lenders agree that, during any period prior to the 18-month anniversary of the Amortization Commencement Date that Commercial Paper Notes shall be outstanding (any such period, the "Specified Period"), the Obligations of ▇▇▇▇▇ shall be due and ---------------- payable only to the extent that ▇▇▇▇▇'▇ assets are sufficient to pay the same. If, during any such Specified Period, the Liquidity Lenders shall exercise their rights, pursuant to Section 9.02(d), to accelerate the Obligations, such acceleration shall have the limited effect of (i) causing the interest rates contemplated in Section 4.02(b) to become effective with respect to the outstanding Obligations and (ii) allowing the Liquidity Lenders, in any determination of the Liquidity Lenders' allocative share of any disbursement to be made to Secured Parties under the Collateral Agreement or otherwise among creditors of ▇▇▇▇▇, to treat all of the Obligations as then being due and payable. No claims of the Liquidity Lenders arising under or in connection with this Agreement are intended to be impaired or waived by this Section 5.10.

Order and Priority. Notwithstanding any other ------------------ provision of this Liquidity Agreement (other than Section 4.02(b)4.2.2.), the Liquidity Agent and the Liquidity Lenders agree that the Obligations of ▇▇▇▇▇ NFC to the Liquidity Agent and the Liquidity Lenders hereunder shall be payable in the order and priority set net forth in Sections Section 2.01 and 5.02(b), as applicable, of the Collateral Agreement. The Liquidity Agent and the Liquidity Lenders agree that, during any period prior to the 18-18 month anniversary of the Amortization Commencement Date that Commercial Paper Notes shall be outstanding (any such period, the period being a "Specified Period"), the Obligations of ▇▇▇▇▇ shall be due and ---------------- payable only to the extent that ▇▇▇▇▇'▇ NFC's assets and the Fronting Letter of Credit Amount are sufficient to pay the same. If, during any such Specified Period, the Liquidity Lenders shall exercise their rights, pursuant to Section 9.02(d9.2(ii), to accelerate the Obligations, such acceleration shall have the limited effect of (i) causing the interest rates contemplated in Section 4.02(b) 4.2.2 to become effective with respect to the outstanding Obligations and (ii) allowing the Liquidity Lenders, in any determination of the Liquidity Lenders' allocative share of any disbursement to be made to Secured Parties under the Collateral Agreement or otherwise among creditors of ▇▇▇▇▇NFC, to treat all of the Obligations as then being due and payable. No claims of the Liquidity Lenders arising under or in connection with this Liquidity Agreement are intended to be impaired or waived by this Section 5.10.