Common use of Bankruptcy Proceedings Clause in Contracts

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any Subsidiary: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Secured Parties; provided that no such vote by the Majority Secured Parties shall treat the Term Loan Secured Parties differently with respect to rights in the Collateral from the Revolving Loan Secured Parties or vice versa. (b) Each Secured Party shall be free to act independently on any issue not affecting the Collateral. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicable. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereunder. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any SubsidiaryGrantor: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Secured Parties; provided that no such vote by the Majority Secured Parties Agent shall not treat the Term Loan Secured Parties Lenders or the Existing Noteholders differently form each other with respect to rights in the Collateral (except differences in respect of rights to receive the proceeds thereof arising from differences in their interests as they may appear based on the Revolving Loan relative amount of Obligations of each such class of Secured Parties or vice versaParties). (b) Each Secured Party shall be free to act independently on any issue not affecting the Collateral. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicable. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereunder. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.025.4.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any Subsidiarythe Grantor: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, including without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Required Secured Parties; provided that no subject to (S) 2.2, such vote instructions by the Majority Required Secured Parties shall not treat the Term Loan any Secured Parties Party differently with respect to its rights in the Collateral from any other Secured Party; and provided further that if action is required prior to the Revolving Loan time such instructions are received or if the Required Secured Parties fail to give instructions with respect to any matter, the Collateral Agent shall be authorized to act, or vice versarefrain from acting, in accordance with (S)6.5. (b) Each Secured Party shall be free to act independently on any issue not affecting directly relating to the Collateral, including without limitation, matters relating to appointment of a trustee, conversion of a case, filing of claims, and plans of reorganization. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereundersuch action. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any Subsidiarythe Company: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, including without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Required Secured Parties; provided PROVIDED that no such vote instructions by the Majority Required Secured Parties shall not treat the Term Loan any Secured Parties Party differently with respect to rights in the Collateral from any other Secured Party; and PROVIDED FURTHER that if action is required prior to the Revolving Loan time such instructions are received or if the Required Secured Parties fail to give instructions with respect to any matter, the Collateral Agent shall be authorized to act, or vice versarefrain from acting, in accordance with and pursuant to the terms and provisions of SECTION 5.5 hereof. (b) Each Secured Party shall be free to act independently on any issue not affecting directly relating to the Collateral, including without limitation, matters relating to appointment of a trustee, conversion of a case, filing of claims, and plans of reorganization. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties hereunder to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereunder. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any SubsidiaryGrantor: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, including without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Required Secured Parties; provided that no such vote instructions by the Majority Required Secured Parties shall not treat the Term Loan any Secured Parties Party differently with respect to rights in the Collateral from any other Secured Party; and provided further that if action is required prior to the Revolving Loan time such instructions are received or if the Required Secured Parties fail to give instructions with respect to any matter, the Collateral Agent shall be authorized to act, or vice versarefrain from acting, in accordance with ss.6.5 hereof. (b) Each Secured Party shall be free to act independently on any issue not affecting directly relating to the Collateral, including without limitation, matters relating to appointment of a trustee, conversion of a case, filing of claims, and plans of reorganization. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereundersuch action. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any SubsidiaryGrantor: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, including without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Required Secured Parties; provided that no such vote instructions by the Majority Required Secured Parties shall not treat the Term Loan any Secured Parties Party differently with respect to rights in the Collateral from any other Secured Party; and provided further that if action is required prior to the Revolving Loan time such instructions are received or if the Required Secured Parties fail to give instructions with respect to any matter, the Collateral Agent shall be authorized to act, or vice versarefrain from acting, in accordance with (S)6.5 hereof. (b) Each Secured Party shall be free to act independently on any issue not affecting directly relating to the Collateral, including without limitation, matters relating to appointment of a trustee, conversion of a case, filing of claims, and plans of reorganization. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereundersuch action. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any SubsidiaryGrantor: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, including without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Required Secured Parties; provided that no subject to Section 2.2, such vote instructions by the Majority Required Secured Parties shall not treat the Term Loan any Secured Parties Party differently with respect to its rights in the Collateral from any other Secured Party; and provided further that if action is required prior to the Revolving Loan time such instructions are received or if the Required Secured Parties fail to give instructions with respect to any matter, the Collateral Agent shall be authorized to act, or vice versarefrain from acting, in accordance with Section 6.5. (b) Each Secured Party shall be free to act independently on any issue not affecting directly relating to the Collateral, including without limitation, matters relating to appointment of a trustee, conversion of a case, filing of claims, and plans of reorganization. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereundersuch action. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any Subsidiarythe Company: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, including without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Required Secured Parties; provided that no such vote instructions by the Majority Required Secured Parties shall not treat the Term Loan any Secured Parties Party differently with respect to rights in the Collateral from any other Secured Party; and provided further that if action is required prior to the Revolving Loan time such instructions are received or if the Required Secured Parties fail to give instructions with respect to any matter, the Collateral Agent shall be authorized to act, or vice versarefrain from acting, in accordance with §6.5 hereof. (b) Each Secured Party shall be free to act independently on any issue not affecting directly relating to the Collateral, including without limitation, matters relating to appointment of a trustee, conversion of a case, filing of claims, and plans of reorganization. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereundersuch action. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any Subsidiarythe Grantor: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, including without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Required Secured Parties; provided that no subject to Section 2.2, such vote instructions by the Majority Required Secured Parties shall not treat the Term Loan any Secured Parties Party differently with respect to its rights in the Collateral from any other Secured Party; and provided further that if action is required prior to the Revolving Loan time such instructions are received or if the Required Secured Parties fail to give instructions with respect to any matter, the Collateral Agent shall be authorized to act, or vice versarefrain from acting, in accordance with Section 6.5. (b) Each Secured Party shall be free to act independently on any issue not affecting directly relating to the Collateral, including without limitation, matters relating to appointment of a trustee, conversion of a case, filing of claims, and plans of reorganization. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereundersuch action. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.

Bankruptcy Proceedings. (a) The following provisions shall apply during any Bankruptcy Proceeding of Holdings the Company or any Subsidiaryof its Affiliates: (ai) The Subject to clause (a)(ii) below, the Collateral Agent shall represent all Senior Secured Parties in connection with all matters directly relating solely to the Collateral, including, without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The In the course of such representation, the Collateral Agent shall act on the instructions of the Authorized Representatives acting on behalf of the Majority Senior Secured Parties; provided that no such vote by the Majority Secured Parties Authorized Representatives shall treat the Term Loan any Senior Secured Parties Party differently with respect to rights in the Collateral from the Revolving Loan Secured Parties or vice versaCollateral. (bii) Each Senior Secured Party shall be free to act independently on any issue not affecting directly relating solely to the Collateral. Each Senior Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties hereunder to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Senior Secured Party shall give prompt notice following any action taken hereunder. (ciii) Any proceeds of the Collateral received by any Senior Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.025.9.

Bankruptcy Proceedings. The following provisions shall apply during any Bankruptcy Proceeding of Holdings or any SubsidiaryGrantor: (a) The Collateral Agent shall represent all Secured Parties in connection with all matters directly relating to the Collateral, including, including without limitation, any use, sale or lease of Collateral, use of cash collateral, request for relief from the automatic stay and request for adequate protection. The Collateral Agent shall act on the instructions of the Majority Required Secured Parties; provided that no subject to (S) 2.2, such vote instructions by the Majority Required Secured Parties shall not treat the Term Loan any Secured Parties Party differently with respect to its rights in the Collateral from any other Secured Party; and provided further that if action is required prior to the Revolving Loan time such instructions are received or if the Required Secured Parties fail to give instructions with respect to any matter, the Collateral Agent shall be authorized to act, or vice versarefrain from acting, in accordance with (S)6.5. (b) Each Secured Party shall be free to act independently on any issue not affecting directly relating to the Collateral, including without limitation, matters relating to appointment of a trustee, conversion of a case, filing of claims, and plans of reorganization. Each Secured Party shall give prior notice to the Collateral Agent of any such action that could materially affect the rights or interests of the Collateral Agent or the other Secured Parties to the extent that such notice is reasonably practicablepossible. If such prior notice is not given, such Secured Party shall give prompt notice following any action taken hereundersuch action. (c) Any proceeds of the Collateral received by any Secured Party as a result of, or during, any Bankruptcy Proceeding will be delivered promptly to the Collateral Agent for distribution in accordance with Section 5.02.