Common use of Collateral Matters; Swap Agreements Clause in Contracts

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Borrower or any Restricted Subsidiary and such Person if either (a) at the time such Swap Agreement was entered into, such Person was a Lender or Affiliate of a Lender hereunder or (b) such Swap Agreement was in effect on the Closing Date and such Person or its Affiliate was a Lender on the Closing Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this Agreement, no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations Indebtedness shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Borrower or any Restricted Subsidiary and such Person if either (ai) at the time such Swap Agreement was entered into, such Person was a Lender or an Affiliate of a Lender hereunder or (bii) such Swap Agreement was in effect on the Closing Effective Date and such Person or its Affiliate was a Lender on the Closing Effective Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this AgreementSection 12.02(b)(viii), no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Borrower or any Restricted Subsidiary and such Person if either (a) at the time such Swap Agreement was entered into, such Person was a Lender or Affiliate of a Lender hereunder or (b) such Swap Agreement was in effect on the Closing Effective Date and such Person or its Affiliate was a Lender on the Closing Effective Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this AgreementSection 12.02(b)(viii), no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations Indebtedness shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Borrower or any Restricted Subsidiary and such Person if either either (a) at the time such Swap Agreement was entered into, such Person was a Lender or Affiliate of a Lender hereunder or (b) such Swap Agreement was in effect on the Closing Effective Date and such Person or its Affiliate was a Lender on the Closing Effective Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this AgreementSection 12.02(b)(viii), no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations Indebtedness shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Parent Guarantor, the Borrower or any Restricted Subsidiary other Credit Party and such Person if either (ai) at the time such Swap Agreement was entered into, such Person was a Lender or Affiliate of a Lender hereunder or (bii) such Swap Agreement was in effect on the Closing Effective Date and such Person or its Affiliate was a Lender on the Closing Effective Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this AgreementSection 12.02(b)(7), no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations Indebtedness shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Borrower or any Restricted Subsidiary and such Person if either (a) at the time such Swap Agreement was entered into, such Person was a Lender or Affiliate of a Lender hereunder or (b) such Swap Agreement was in effect on the Closing Effective Date and such Person or its Affiliate was a Lender on the Closing Effective Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this AgreementSection 12.02(b)(viii), no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations Indebtedness shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Borrower or any Restricted Subsidiary of its Subsidiaries and such Person if either (ai) at the time such Swap Agreement was entered into, such Person was a Lender or Affiliate of a Lender hereunder or (bii) such Swap Agreement was in effect on the Closing Effective Date and such Person or its Affiliate was a Lender on the Closing Effective Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this AgreementSection 12.02(b)(vii), no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations Indebtedness shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Parent Guarantor, the Borrower or any Restricted Subsidiary other Credit Party and such Person if either (ai) at the time such Swap Agreement was entered into, such Person was a Lender or Affiliate of a Lender hereunder or (bii) such Swap Agreement was in effect on the Closing Effective Date and such Person or its Affiliate was a Lender on the Closing Effective Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this AgreementSection 12.02(b)(viii), no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.

Collateral Matters; Swap Agreements. The benefit of the Security Instruments and of the provisions of this Agreement relating to any collateral securing the Secured Obligations Indebtedness shall also extend to and be available on a pro rata basis to any Person under any Swap Agreement between the Borrower or any Restricted Subsidiary and such Person if either (ai) at the time such Swap Agreement was entered into, such Person was a Lender or an Affiliate of a Lender hereunder or (bii) such Swap Agreement was in effect on the Closing Effective Date and such Person or its Affiliate was a Lender on the Closing Effective Date, in each case, after giving effect to all netting arrangements relating to such Swap Agreements. Except as set forth in this AgreementSection 12.02(b)(viii), no Person shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Swap Agreements.