Common use of Payments by the ABL Agent Clause in Contracts

Payments by the ABL Agent. During the actual occupation and control by the ABL Agent, any ABL Secured Party or any of their respective agents or representatives of any real property constituting Note Priority Collateral during the access and use period permitted by this Section 4, the ABL Agent shall be (a) obligated to pay to the Senior Priority Agent all utilities, taxes and all other maintenance and operating costs of such real property during any such period of actual occupation and control, but only to the extent a Grantor is not otherwise paying any such amounts, (b) obligated to maintain insurance for such real property, substantially similar to the insurance maintained by the Borrower or any Grantor on such real property, naming the Senior Note Agent and the Junior Note Agent, for the benefit of the Senior Note Secured Parties and the Junior Note Secured Parties, respectively, as mortgagees, loss payees and additional insureds, if such insurance is not otherwise in effect, and (c) obligated to repair at its expense any physical damage (ordinary wear and tear excepted) to such real property resulting from any act or omission of the ABL Agent, any ABL Secured Party or any of their respective agents or representatives pursuant to such access, occupancy, use or control of such equipment or real property, and to leave the premises in a condition substantially similar to the condition of such premises prior to the date of the commencement of such access, occupancy, use or control thereof. Notwithstanding anything to the contrary in this Section 4, in no event will ABL Agent or any ABL Secured Party be obligated to pay for any diminution in value of the Note Priority Collateral resulting solely from the absence or removal of the ABL Priority Collateral from each applicable premises (other than for actual, physical damage caused by ABL Agent or ABL Secured Parties as described above). All amounts paid by ABL Secured Parties hereunder shall be added to the outstanding principal balance of the ABL Priority Obligations.