Common use of Timing and Notice Clause in Contracts

Timing and Notice. Notwithstanding any provisions set forth herein, with respect to any Collateral in existence on the Restatementor prior to the Fourth Amendment Effective Date, each Grantor shall comply with the requirements of Article 4 on the Restatement Date (subject to Section 6.01(j) of the Credit Agreement and any remaining period that was available under Section 4.05 of the Existing Security Agreement immediately prior to giving effect to this Agreement) and Section 6.12(c) of the Credit Agreementor prior to the Fourth Amendment Effective Date in accordance with the terms of this Agreement as in effect prior to the Fourth Amendment, and with respect to any Collateral hereafter owned or acquired, created, developed or arising after the Fourth Amendment Effective Date, such Grantor shall (i) for the avoidance of doubt, comply 17 with the requirements of Section 6.10 of the Credit Agreement, and (ii) comply with the requirements of Article 4 and/or Sections 6.02(a), 6.02(b) and 6.05(c) hereof, as applicable, in each case, subject to Section 6.01(j) of the Credit Agreement, (x) with respect to (1) Material Intellectual Property and (2) Collateral (other than Intellectual Property) valued, in the aggregate with all other Collateral (other than Intellectual Property) acquired, created, developed or arising in the same Fiscal Quarter, in excess of the greater of (1) $150,000,000 and (2) 10% of Consolidated Adjusted EBITDA for the period of four (4) Fiscal Quarters ending on the last day of the most recent Fiscal Year for which financial statements are availableTest Period most recently ended, within 45 days after such Collateral is acquired, created, developed or otherwise arises and (y) with respect to all other Collateral, (including Material Intellectual Property), within the later of (I) 45 days after such Collateral is acquired, created, developed or otherwise arises and (II) 15 days after the end of such Fiscal Quarter (or, in the case of Intellectual Property other than Material Intellectual Property, such Fiscal Year) in which such Collateral is acquired, created, developed or otherwise arises; provided that the Collateral Agent may grant an extension therefor if, in its sole discretion, for the applicable Grantor in respect thereof is using commercially reasonable efforts to comply with such requirements. ARTICLE 5ARTICLE 5

Timing and Notice. Notwithstanding any provisions set forth herein, with respect to any Collateral in existence on the Restatementor prior to the Fourth Amendment Effective Restatement Date, each Grantor shall comply with the requirements of Article 4 on the Restatement Date (subject to Section 6.01(j) of the Credit Agreement and any remaining period that was available under Section 4.05 of the Existing Security Agreement immediately prior to giving effect to this Agreement) and Section 6.12(c) of the Credit Agreementor prior to the Fourth Amendment Effective Date in accordance with the terms of this Agreement as in effect prior to the Fourth AmendmentAgreement, and with respect to any Collateral hereafter owned or acquired, created, developed or arising after the Fourth Amendment Effective Date, such Grantor shall (i) for the avoidance of doubt, comply 17 with the requirements of Section SectionsSection 6.10 and 6.11 of the Credit AgreementAgreement as applicable, and (ii) comply with the requirements of Article 4 and/or Sections 6.02(a), 6.02(b) and 6.05(c6.05(bc ) hereof, as applicable, in each case, subject to Section 6.01(j) of the Credit Agreement, (x) with respect to (1) Material Intellectual Property and (2) Collateral (other than Intellectual Property) valued, in the aggregate with all other Collateral (other than Intellectual Property) acquired, created, developed or arising in the same Fiscal Quarter, in excess of the greater of (1) $150,000,000 75,000,000 and (2) 0.5% of Total Assets150,000,000 and (2) 10% of Consolidated Adjusted EBITDA for the period of four (4) Fiscal Quarters ending on the last day of the most recent Fiscal Year for which financial statements are availableTest Period most recently endedavailable, within 45 days after such Collateral is acquired, created, developed or otherwise arises and (y) with respect to all other Collateral, (including Material Intellectual Property), within the later of (I) 45 days after such Collateral is acquired, created, developed or otherwise arises and (II) 15 days after the end of such Fiscal Quarter (or, in the case of Intellectual Property other than Material Intellectual Property, such Fiscal Year) in which such Collateral is acquired, created, developed or otherwise arises; provided that the Collateral Agent may grant an extension therefor if, in its sole discretion, for if the applicable Grantor in respect thereof is using commercially reasonable efforts to comply with such requirements. ARTICLE 5ARTICLE 5.

Timing and Notice. Notwithstanding any provisions set forth herein, with respect to any Collateral in existence on the Restatementor prior to the Fourth Amendment Effective Restatement Date, each Grantor shall comply with the requirements of Article 4 on the Restatement Date (subject to Section 6.01(j) of the Credit Agreement and any remaining period that was available under Section 4.05 of the Existing Security Agreement immediately prior to giving effect to this Agreement) and Section 6.12(c) of the Credit Agreementor prior to the Fourth Amendment Effective Date in accordance with the terms of this Agreement as in effect prior to the Fourth AmendmentAgreement, and with respect to any Collateral hereafter owned or acquired, created, developed or arising after the Fourth Amendment Effective Date, such Grantor shall (i) for the avoidance of doubt, comply 17 with the requirements of Section Sections 6.10 and 6.11 of the Credit AgreementAgreement as applicable, and (ii) comply with the requirements of Article 4 and/or Sections 6.02(a), 6.02(b) and 6.05(c6.05(b) hereof, as applicable, in each case, subject to Section 6.01(j) of the Credit Agreement, (x) with respect to (1) Material Intellectual Property and (2) Collateral (other than Intellectual Property) valued, in the aggregate with all other Collateral (other than Intellectual Property) acquired, created, developed or arising in the same Fiscal Quarter, in excess of the greater of (1) $150,000,000 75,000,000 and (2) 100.5% of Consolidated Adjusted EBITDA for the period of four (4) Fiscal Quarters ending on the last day of the most recent Fiscal Year for which financial statements are availableTest Period most recently endedTotal Assets, within 45 days after such Collateral is acquired, created, developed or otherwise arises and (y) with respect to all other Collateral, (including Material Intellectual Property), within the later of (I) 45 days after such Collateral is acquired, created, developed or otherwise arises and (II) 15 days after the end of such Fiscal Quarter (or, in the case of Intellectual Property other than Material Intellectual Property, such Fiscal Year) in which such Collateral is acquired, created, developed or otherwise arises; provided that the Collateral Agent may grant an extension therefor if, in its sole discretion, for if the applicable Grantor in respect thereof is using commercially reasonable efforts to comply with such requirements. ARTICLE 5ARTICLE 5.

Timing and Notice. Notwithstanding any provisions set forth herein, with respect to any Collateral in existence on the Restatementor prior to the Fourth Amendment Effective Date, each Grantor shall comply with the requirements of Article 4 on the Restatement Date (subject to Section 6.01(j) of the Credit Agreement and any remaining period that was available under Section 4.05 of the Existing Security Agreement immediately prior to giving effect to this Agreement) and Section 6.12(c) of the Credit Agreementor prior to the Fourth Amendment Effective Date in accordance with the terms of this Agreement as in effect prior to the Fourth Amendment, and with respect to any Collateral hereafter owned or acquired, created, developed or arising after the Fourth Amendment Effective Date, such Grantor shall (i) for the avoidance of doubt, comply 17 with the requirements of Section 6.10 of the Credit Agreement, and (ii) comply with the requirements of Article 4 and/or Sections 6.02(a), 6.02(b) and 6.05(c) hereof, as applicable, in each case, subject to Section 6.01(j) of the Credit Agreement, (x) with respect to (1) Material Intellectual Property and (2) Collateral (other than Intellectual Property) valued, in the aggregate with all other Collateral (other than Intellectual Property) acquired, created, developed or arising in the same Fiscal Quarter, in excess of the greater of (1) $150,000,000 and (2) 10% of Consolidated Adjusted EBITDA for the period of four (4) Fiscal Quarters ending on the last day of the most recent Fiscal Year for which financial statements are availableTest Period most recently ended, within 45 days after such Collateral is acquired, created, developed or otherwise arises and (y) with respect to all other Collateral, (including Material Intellectual Property), within the later of (I) 45 days after such Collateral is acquired, created, developed or otherwise arises and (II) 15 days after the end of such Fiscal Quarter (or, in the case of Intellectual Property other than Material Intellectual Property, such Fiscal Year) in which such Collateral is acquired, created, developed or otherwise arises; provided that the Collateral Agent may grant an extension therefor if, in its sole discretion, for the applicable Grantor in respect thereof is using commercially reasonable efforts to comply with such requirements. ARTICLE 5ARTICLE 5.