Common use of Separate Classes Clause in Contracts

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (a) the claims and interests of the Revolving Credit Secured Parties and the Term Loan Secured Parties are not “substantially similar” within the meaning of Section 1122 of the. Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (b) the grants of the Liens to secure the Revolving Loan Obligations and the grants of the Liens to secure the Term Loan Obligations constitute two separate and distinct grants of Liens, (c) the Revolving Credit Secured Parties’ rights in the Collateral are fundamentally different from the Term Loan Secured Parties’ rights in the Collateral and (d) as a result of the foregoing, among other things, the Revolving Loan Obligations and the Term Loan Obligations must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (ai) the claims and interests of the Revolving Credit First Lien Secured Parties and the Term Loan Second Lien Secured Parties are not “"substantially similar” " within the meaning of Section 1122 of the. the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (bii) the grants of the First Priority Liens to secure the Revolving Loan Obligations and the grants of the Second Priority Liens to secure the Term Loan Obligations constitute two separate and distinct grants of Liens, (ciii) the Revolving Credit First Lien Secured Parties’ Parties rights in the Collateral are fundamentally different from the Term Loan Second Lien Secured Parties’ ' rights in the Collateral and (div) as a result of the foregoing, among other things, the Revolving Loan First Lien Obligations and the Term Loan Second Lien Obligations must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (a) the claims and interests of the Revolving Credit Loan Secured Parties and the Term Loan Secured Parties are not “substantially similar” within the meaning of Section 1122 of the. the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (b) the grants of the Liens to secure the Revolving Loan Obligations Debt and the grants of the Liens to secure the Term Loan Obligations Debt constitute two separate and distinct grants of Liens, (c) the Revolving Credit Loan Secured Parties’ rights in the Collateral are fundamentally different from the Term Loan Secured Parties’ rights in the Collateral Collateral, and (d) as a result of the foregoing, among other things, the Revolving Loan Obligations Debt and the Term Loan Obligations Debt must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (a) the claims and interests of the Revolving Credit First Lien Secured Parties and the Term Loan Second Lien Secured Parties are not “substantially similar” within the meaning of Section 1122 of the. the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (b) the grants of the Liens to secure the Revolving Loan Obligations First Lien Debt and the grants of the Liens to secure the Term Loan Obligations Second Lien Debt constitute two separate and distinct grants of Liens, (c) the Revolving Credit First Lien Secured Parties’ rights in the Second Lien Collateral are fundamentally different from the Term Loan Second Lien Secured Parties’ rights in the Second Lien Collateral and (d) as a result of the foregoing, among other things, the Revolving Loan Obligations First Lien Debt and the Term Loan Obligations Second Lien Debt must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (a) the claims and interests of the Revolving Credit Loan Secured Parties and the Term Loan Secured Parties are not “substantially similar” within the meaning of Section 1122 of the. the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (b) the grants of the Liens to secure the Revolving Loan Obligations Debt and the grants of the Liens to secure the Term Loan Obligations Debt constitute two separate and distinct grants of Liens, (c) the Revolving Credit Loan Secured Parties’ rights in the Collateral are fundamentally different from the Term Loan Secured Parties’ rights in the Collateral and (d) as a result of the foregoing, among other things, the Revolving Loan Obligations Debt and the Term Loan Obligations Debt must be separately classified in any plan of reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.

Separate Classes. Each of the parties hereto irrevocably acknowledges and agrees that (a) the claims and interests of the Revolving Credit First Lien Secured Parties and the Term Loan Second Lien Secured Parties are not “substantially similar” within the meaning of Section 1122 of the. the Bankruptcy Code, or any comparable provision of any other Bankruptcy Law, (b) the grants of the Liens to secure the Revolving Loan Obligations First Lien Debt and the grants of the Liens to secure the Term Loan Obligations Second Lien Debt constitute two separate and distinct grants of Liens, (c) the Revolving Credit First Lien Secured Parties’ rights in the Collateral are fundamentally different from the Term Loan Second Lien Secured Parties’ rights in the Collateral and (d) as a result of the foregoing, among other things, the Revolving Loan Obligations First Lien Debt and the Term Loan Obligations Second Lien Debt must be separately classified in any proposal or plan of compromise, arrangement or reorganization proposed or adopted in any Insolvency or Liquidation Proceeding.