Common use of Declaration of Junior Trust Clause in Contracts

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all future holders of Junior Lien Obligations, all of EFIH’s right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the holders of Junior Lien Obligations, together with all of the Collateral Trustee’s right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Lien Obligations as security for the payment of all present and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 6 contracts

Samples: Collateral Trust Agreement (EFIH Finance Inc.), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC)

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Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Grantors hereby grants confirms the grant to the Collateral TrusteeAgent, and the Collateral Trustee Agent hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Junior Lien ObligationsSecured Parties, all of EFIHsuch Grantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Trustee Agent under any Junior Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Junior Lien Security Document) for the benefit of the holders of Junior Lien ObligationsSecured Parties, together with all of the Collateral TrusteeAgent’s right, title and interest in, to and under the Junior Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee Agent thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee Agent and its permitted successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present current and future holders of Junior Lien Obligations Secured Parties as security for the payment of all present and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 3 contracts

Samples: Collateral Agency Agreement, Collateral Agency Agreement (Gogo Inc.), Collateral Agency Agreement (Gogo Inc.)

Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Obligors hereby grants to the Collateral TrusteeAgent, and the Collateral Trustee Agent hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future holders of Junior Parity Lien Obligations, all of EFIHsuch Obligor’s right, title and interest in, to and under all Collateral granted to the Collateral Trustee Agent under any Security Collateral Document for the benefit of the holders of Junior Parity Lien ObligationsSecured Parties, together with all of the Collateral TrusteeAgent’s right, title and interest in, to and under the Security Collateral Documents, and all interests, rights, powers and remedies of the Collateral Trustee Agent thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” ”, and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee Agent and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Parity Lien Obligations as security for the payment of all present and future Junior Parity Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 2 contracts

Samples: Collateral Trust Agreement (Banro Corp), Collateral Trust Agreement (Banro Corp)

Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Debt Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH the Borrower and each of the Guarantors hereby grants confirms the grant to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Junior Parity Lien ObligationsSecured Parties, all of EFIHthe Borrower’s and each such Guarantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Trustee under any Parity Lien Security Document for the benefit of the holders of Junior Parity Lien ObligationsSecured Parties, together with all of the Collateral Trustee’s right, title and interest in, to and under the Parity Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present current and future holders of Junior Parity Lien Obligations Secured Parties as security for the payment of all present and future Junior Parity Lien Debt Obligations. Notwithstanding the foregoing, if at any time:

Appears in 2 contracts

Samples: Collateral Trust Agreement (Carmike Cinemas Inc), Collateral Trust Agreement (Carmike Cinemas Inc)

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Grantors hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Junior Lien Obligations, all of EFIHsuch Grantor’s right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the holders of Junior Lien Obligations, together with all of the Collateral Trustee’s right, title and interest in, to and under the such Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the Junior Trust Estate,” and together with the Senior Trust Estate, the Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present current and future holders of Junior Lien Obligations as security for the payment of all present current and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (GXS Investments, Inc.)

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH the Company and each of the Guarantors hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future Junior Lien Representatives and holders of Junior Lien Obligations, all of EFIHsuch Company’s or Guarantor’s right, title and interest in, in and to and under all the Collateral granted to the Collateral Trustee under any Security Document for the benefit of the Junior Lien Representatives and holders of Junior Lien Obligations, together with all of the Collateral Trustee’s right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future Junior Lien Representatives and holders of Junior Lien Obligations as security for the payment of all present and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Terremark Worldwide Inc.)

Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH hereby grants each of the Pledgors has granted to the Collateral Trustee, and the Collateral Trustee has accepted and hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future holders of Junior Parity Lien Obligations, all of EFIHthe Liens granted by such Pledgor’s and all of the Collateral Trustee’s right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the holders of Junior Parity Lien Obligations, together with all of the Collateral Trustee’s right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Parity Lien Obligations as security for the payment of all present and future Junior Parity Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (NewPage Energy Services LLC)

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH the Company and each of the Guarantors hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future holders of Junior Lien Obligations, all of EFIHsuch Company’s or Guarantor’s right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the holders of Junior Lien Obligations, together with all of the Collateral Trustee’s right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Lien Obligations as security for the payment of all present and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Unisys Corp)

Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Obligors hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future holders of Junior Parity Lien Obligations, all of EFIH’s such Obligor's right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the holders of Junior Parity Lien ObligationsSecured Parties, together with all of the Collateral Trustee’s 's right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the "Junior Trust Estate," and together with the Senior Trust Estate, the "Trust Estates"). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Parity Lien Obligations as security for the payment of all present and future Junior Priority Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Midwest Generation LLC)

Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Pledgors hereby grants to the Parity Collateral Trustee, and the Parity Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future holders of Junior Parity Lien Obligations, all of EFIH’s such Pledgor's right, title and interest in, to and under all Collateral granted to the Parity Collateral Trustee under any Security Document securing Parity Lien Obligations for the benefit of the holders of Junior Parity Lien Obligations, together with all of the Parity Collateral Trustee’s 's right, title and interest in, to and under the such Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate"JUNIOR TRUST ESTATE," and together with the Senior Trust Estate, the “Trust Estates”"TRUST ESTATES"). The Parity Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Parity Lien Obligations as security for the payment of all present and future Junior Priority Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Builders FirstSource, Inc.)

Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Grantors hereby grants confirms the grant to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Junior Parity Lien ObligationsSecured Parties, all of EFIHsuch Grantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Trustee under any Parity Lien Security Document for the equal and ratable benefit of the holders of Junior Parity Lien ObligationsSecured Parties, together with all of the Collateral Trustee’s right, title and interest in, to and under the Parity Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present current and future holders of Junior Parity Lien Obligations Secured Parties as security for the payment of all present and future Junior Parity Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Foresight Energy LP)

Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Pledgors hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future holders of Junior Parity Lien Obligations, all of EFIH’s such Pledgor's right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the holders of Junior Parity Lien Obligations, together with all of the Collateral Trustee’s 's right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate"JUNIOR TRUST ESTATE," and together with the Senior Trust Estate, the “Trust Estates”"TRUST ESTATES"). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Parity Lien Obligations as security for the payment of all present and future Junior Priority Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Belden & Blake Corp /Oh/)

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Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Borrower and the Guarantors hereby grants (or reaffirms and confirms its prior grant) to the Collateral Trustee, and the Collateral Trustee hereby accepts reaffirms and agrees confirms its acceptance and agreement to hold, in trust under this Agreement for the benefit of all present and future holders of Junior Parity Lien ObligationsSecured Parties, all of EFIHsuch Borrower’s and Guarantor’s right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Parity Lien Security Document for the benefit of the holders of Junior Parity Lien ObligationsSecured Parties, together with all of the Collateral Trustee’s right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will continue to hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Parity Lien Obligations Secured Parties as security for the payment of all present and future Junior Parity Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations Obligations, if any, and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Pledgors hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future holders of Junior Lien Obligations, all of EFIHsuch Pledgor’s right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the holders of Junior Lien Obligations, together with all of the Collateral Trustee’s right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future holders of Junior Lien Obligations as security for the payment of all present and future Junior Parity Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Cheniere Energy Inc)

Declaration of Junior Trust. To secure the payment of the Junior Parity Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Borrower and the other Guarantors hereby grants confirms the grant to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Junior Parity Lien ObligationsSecured Parties, all of EFIH’s the Borrower and such other Guarantors’ right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Trustee under any Parity Lien Security Document for the benefit of the holders of Junior Parity Lien ObligationsSecured Parties, together with all of the Collateral Trustee’s right, title and interest in, to and under the Parity Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present current and future holders of Junior Parity Lien Obligations Secured Parties as security for the payment of all present and future Junior Parity Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Pledgors hereby grants confirms the grant to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Junior Lien ObligationsSecured Parties, all of EFIH’s such Pledgor's right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Trustee under any Security Junior Lien Document for the benefit of the holders of Junior Lien ObligationsSecured Parties, together with all of the Collateral Trustee’s 's right, title and interest in, to and under the Security Junior Lien Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present current and future holders of Junior Lien Obligations Secured Parties as security for the payment of all present and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Harland Clarke Holdings Corp)

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH the Company and each of the Guarantors hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all present and future Junior Lien Representatives and holders of Junior Lien Obligations, all of EFIHsuch Company’s or Guarantor’s right, title and interest granted to the Collateral Trustee in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the Junior Lien Representatives and holders of Junior Lien Obligations, together with all of the Collateral Trustee’s right, title and interest in, to and under the Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present and future Junior Lien Representatives and holders of Junior Lien Obligations as security for the payment of all present and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Leap Wireless International Inc)

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Grantors hereby grants confirms the grant to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all future holders of Junior Lien Obligations, all of EFIHSatmex’s and such other Grantor’s right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Junior Lien Document for the benefit of the holders of Junior Lien Obligations, together with all of the Collateral Trustee’s right, title and interest in, to and under the Security such Junior Lien Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present current and future holders of Junior Lien Obligations as security for the payment of all present current and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Satelites Mexicanos Sa De Cv)

Declaration of Junior Trust. To secure the payment of the Junior Lien Obligations and in consideration of the premises and the mutual agreements set forth herein, EFIH each of the Grantors hereby grants to the Collateral Trustee, and the Collateral Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Junior Lien Obligations, all of EFIH’s such Grantor's right, title and interest in, to and under all Collateral granted to the Collateral Trustee under any Security Document for the benefit of the holders of Junior Lien Obligations, together with all of the Collateral Trustee’s 's right, title and interest in, to and under the such Security Documents, and all interests, rights, powers and remedies of the Collateral Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Junior Trust Estate,” and together with the Senior Trust Estate, the “Trust Estates”). The Collateral Trustee and its successors and assigns under this Agreement will hold the Junior Trust Estate in trust for the benefit solely and exclusively of all present current and future holders of Junior Lien Obligations as security for the payment of all present current and future Junior Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Delta Air Lines Inc /De/)

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