Common use of Separate Grants of Security and Separate Classification Clause in Contracts

Separate Grants of Security and Separate Classification. (a) (i) The Term Collateral Agent, for itself and on behalf of the Term Secured Creditors, and the Revolver Collateral Agent, for itself and on behalf of the Revolver Secured Creditors, acknowledges and agrees that the grants of Liens pursuant to the Revolver Security Documents and the Term Security Documents constitute separate and distinct grants of Liens, and because of, among other things, their differing rights in the Collateral, the Term Secured Obligations are fundamentally different from the Revolver Secured Obligations and must be separately classified in any plan of reorganization proposed or adopted in a Bankruptcy Proceeding. In furtherance of the foregoing, each of the Term Collateral Agent, for itself and on behalf of the Term Secured Creditors, and the Revolver Collateral Agent, for itself and on behalf of the Revolver Secured Creditors, agrees that the Term Secured Creditors and the Revolver Secured Creditors will vote as separate classes in connection with any plan of reorganization in any Bankruptcy Proceeding and that no Collateral Agent, Administrative Agent, nor any Revolver Secured Creditor or Term Secured Creditor will seek to vote with the other as a single class in connection with any plan of reorganization in any Proceeding.

Separate Grants of Security and Separate Classification. (a) (i) The Term Notes Collateral Agent, for itself and on behalf of the Term Notes Secured Creditors, and the Revolver Collateral Agent, for itself and on behalf of the Revolver Secured Creditors, acknowledges and agrees that the grants of Liens pursuant to the Revolver Security Documents and the Term Notes Security Documents constitute separate and distinct grants of Liens, and because of, among other things, their differing rights in the Collateral, the Term Notes Secured Obligations are fundamentally different from the Revolver Secured Obligations and must be separately classified in any plan of reorganization proposed or adopted in a Bankruptcy Proceeding. In furtherance of the foregoing, each of the Term Notes Collateral Agent, for itself and on behalf of the Term Notes Secured Creditors, and the Revolver Collateral Agent, for itself and on behalf of the Revolver Secured Creditors, agrees that the Term Notes Secured Creditors and the Revolver Secured Creditors will vote as separate classes in connection with any plan of reorganization in any Bankruptcy Proceeding and that no Collateral Agent, Administrative Agent, nor any Revolver Secured Creditor or Term Notes Secured Creditor will seek to vote with the other as a single class in connection with any plan of reorganization in any Proceeding.