Common use of Related Swap Contracts Clause in Contracts

Related Swap Contracts. All obligations of the Borrower under Related Swap Contracts to which any Lender or its Affiliates are a party shall be deemed to be Borrower's Liabilities, and each Lender or Affiliate of a Lender party to any such Swap Contract shall be deemed to be a Secured Party hereunder with respect to such Borrower's Liabilities; provided, however, that such obligations shall cease to be Borrower's Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a "Lender" under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors' Obligations (including the release or modification of any Guarantors' Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each Agent-Related Person shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement." (e) Section 7 of the Security Agreement. (i) Section 7(e) is hereby deleted in its entirety and restated as follows:

Related Swap Contracts. All obligations of the Borrower any Loan Party under Related Swap Contracts to which any Lender or its Affiliates are a party shall be deemed to be Borrower's Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Swap Contract shall be deemed to be a Secured Benefited Party hereunder with respect to such Borrower's Guaranteed Liabilities; provided, however, that such obligations shall cease to be Borrower's Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a "“Lender" ” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors' ’ Obligations (including the release or modification of any Guarantors' ’ Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Secured Benefited Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Benefited Party, the Administrative Agent and each Agent-of its Related Person Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX X of the Credit Agreement." (e) Section 7 of the Security Agreement. (i) Section 7(e) is hereby deleted in its entirety and restated as follows:

Related Swap Contracts. All obligations of the Borrower any Loan Party under Related Swap Contracts to which any Lender or its Affiliates are a party shall be deemed to be Borrower's Guaranteed Liabilities, and each Lender or Affiliate of a Lender party to any such Related Swap Contract shall be deemed to be a Secured Party hereunder with respect to such Borrower's Guaranteed Liabilities; provided, however, that such obligations shall cease to be Borrower's Guaranteed Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a "“Lender" ” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors' ’ Obligations (including the release or modification of any Guarantors' ’ Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each Agent-of its Related Person Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement." (e) Section 7 of the Security Agreement. (i) Section 7(e) is hereby deleted in its entirety and restated as follows:

Related Swap Contracts. All obligations of the Borrower under Related Swap Contracts to which any Lender or its Affiliates are a party shall be deemed to be Borrower's Liabilities, and each Lender or Affiliate of a Lender party to any such Related Swap Contract shall be deemed to be a Secured Party hereunder with respect to such Borrower's Liabilities; provided, however, that such obligations shall cease to be Borrower's Liabilities at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a "Lender" under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors' Obligations (including the release or modification of any Guarantors' Obligations or security therefor) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each Agent-Related Person shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement." (e) Section 7 of the Security Agreement. (i) Section 7(e) is hereby deleted in its entirety and restated as follows:

Related Swap Contracts. All obligations of the Borrower any Pledgor under or in respect of Related Swap Contracts (which are not prohibited under the terms of the Credit Agreement) to which any Lender or its Affiliates are any Affiliate of any Lender is a party party, shall be deemed to be Borrower's LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Swap Contract shall be deemed to be a Secured Party hereunder with respect to such Borrower's LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Borrower's Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a "“Lender" ” under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors' Obligations Collateral (including the release or modification impairment of any Guarantors' Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Pledge Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each Agent-of its Related Person Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement." (e) Section 7 of the Security Agreement. (i) Section 7(e) is hereby deleted in its entirety and restated as follows:

Related Swap Contracts. All obligations of the Borrower each Grantor under or in respect of Related Swap Contracts to which any Lender or its Affiliates are is a party shall be deemed to be Borrower's LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Swap Contract shall be deemed to be a Secured Party hereunder with respect to such Borrower's LiabilitiesSecured Obligations; providedPROVIDED, howeverHOWEVER, that such obligations shall cease to be Borrower's Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a "LenderLENDER" under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section SECTION 24 shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors' Obligations Collateral (including the release or modification impairment of any Guarantors' Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Security Agreement by virtue of the provisions of this Section SECTION 24 shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each Agent-of its Related Person Parties shall be entitled to all the rights, benefits and immunities conferred under Article ARTICLE IX of the Credit Agreement." (e) Section 7 of the Security Agreement. (i) Section 7(e) is hereby deleted in its entirety and restated as follows:

Related Swap Contracts. All obligations of the Borrower each Grantor under or in respect of Related Swap Contracts (which are not prohibited under the terms of the Credit Agreement) to which any Lender or its Affiliates are any Affiliate of any Lender is a party party, shall be deemed to be Borrower's LiabilitiesSecured Obligations secured hereby, and each Lender or Affiliate of a Lender party to any such Related Swap Contract shall be deemed to be a Secured Party hereunder with respect to such Borrower's LiabilitiesSecured Obligations; provided, however, that such obligations shall cease to be Borrower's Liabilities Secured Obligations at such time, prior to the Facility Termination Date, as such Person (or Affiliate of such Person) shall cease to be a "Lender" under the Credit Agreement. No Person who obtains the benefit of this Guaranty Agreement any Lien by virtue of the provisions of this Section shall have, prior to the Facility Termination Date, have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Guarantors' Obligations Collateral (including the release or modification impairment of any Guarantors' Obligations or security thereforCollateral) other than in its capacity as a Lender and only to the extent expressly provided in the Loan Documents. Each Secured Party not a party to the Credit Agreement who obtains the benefit of this Guaranty Security Agreement by virtue of the provisions of this Section shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each Agent-Related Person shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement." (e) Section 7 of the Security Agreement. (i) Section 7(e) is hereby deleted in its entirety and restated as follows: