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, its agents or representatives, of any real property constituting Term Priority Collateral during the access and use period permitted by this Section 4, the ABL Agent shall be (a) obligated to pay to the applicable Term Representative all utilities, taxes and all other maintenance and operating costs of such real property during any such period of actual occupation and control by the ABL Agent, 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 any Borrower or any Grantor on such real property, naming the applicable Term Representative, for the benefit of the Term Secured Parties, as mortgagee, loss payee and additional insured, 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 or its 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 the use thereof by the ABL Agent.

Payments by the ABL Agent. During the actual occupation and control by the ABL Agent, its agents or representatives, of the any real property constituting Term Priority Collateral during the access and use period permitted by this Section 4, the ABL Agent shall be (a) obligated to pay to the applicable Term Representative Agent all utilities, taxes and all other maintenance and operating costs of such real property during any such period of actual occupation and control by the ABL Agent, 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 any Borrower the Parent or any Grantor on such real property, naming the applicable Term RepresentativeAgent, for the benefit of the Term Secured PartiesLenders, as mortgagee, loss payee and additional insured, 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 or its 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 the use thereof by the ABL Agent.