Common use of Delivery of Documentation Clause in Contracts

Delivery of Documentation. (a) Executed original counterparts of the Purchase Money Notes, the Purchase Money Notes Guaranty, the Reimbursement, Security and Guaranty Agreement and the Account Control Agreement (the “Debt Agreements”) have been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by it, or executed by the Purchase Money Notes Guarantor or the Collateral Agent and delivered to it, subsequent to the date of this Agreement promptly upon execution and delivery and to deliver each instrument amending or modifying any agreement previously delivered to the Paying Agent. Copies of the Contribution Agreement and the LLC Operating Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder have been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Account Control Agreement has been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. (b) The Paying Agent shall retain the Debt Agreements in its possession and custody at all times during the term hereof unless any one of the following events has occurred: (i) If the Paying Agent has resigned or has been removed in accordance with the provisions of Section 9.1, the Custodian shall deliver the Debt Agreements to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received a Request for Release and Receipt of the Debt Agreements in the form attached hereto as Exhibit I from an Authorized Representative of the FDIC, the Paying Agent shall deliver the Debt Agreements to the FDIC in accordance with the instructions provided in such notice.

Delivery of Documentation. (a) Executed original counterparts of the Purchase Money Notes, the Purchase Money Notes Guaranty, the Reimbursement, Security and Guaranty Agreement and the Account Control Agreement (the “Debt Agreements”) have been delivered to the Paying Agent, Agent and the Paying Agent acknowledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by it, or executed by the Purchase Money Notes Guarantor or the Collateral Agent and delivered to it, subsequent to the date of this Agreement promptly upon execution and delivery and to deliver each instrument amending or modifying any agreement previously delivered to the Paying Agent. Copies of the Contribution Agreement and the LLC Operating Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder have been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Account Control Agreement has been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. (b) The Paying Agent shall retain the Debt Agreements in its possession and custody at all times during the term hereof unless any one of the following events has occurred: (i) If the Paying Agent has resigned or has been removed in accordance with the provisions of Section 9.1, the Custodian shall deliver the Debt Agreements to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received a Request for Release and Receipt of the Debt Agreements in the form attached hereto as Exhibit I from an Authorized Representative of the FDIC, the Paying Agent shall deliver the Debt Agreements to the FDIC in accordance with the instructions provided in such notice.

Delivery of Documentation. (a) Executed original counterparts of the Purchase Money Notes, the Purchase Money Notes Guaranty, the Reimbursement, Security and Guaranty Agreement and the Account Control Agreement (the “Debt Agreements”) have been delivered to the Paying Agent, Agent and the Paying Agent acknowledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by it, or executed by the Purchase Money Notes Guarantor or the Collateral Agent and delivered to it, subsequent to the date of this Agreement promptly upon execution and delivery and to deliver each instrument amending or modifying any agreement previously delivered to the Paying Agent. Copies of the Contribution Agreement and the LLC Operating Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder have been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Account Control Agreement has been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. (b) The Paying Agent shall retain the Debt Agreements in its possession and custody at all times during the term hereof unless any one of the following events has occurred: (i) If the Paying Agent has resigned or has been removed in accordance with the provisions of Section 9.1, the Custodian shall deliver the Debt Agreements to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received a Request for Release and Receipt of the Debt Agreements in the form attached hereto as Exhibit I from an Authorized Representative of the FDIC, the Paying Agent shall deliver the Debt Agreements to the FDIC in accordance with the instructions provided in such notice.

Delivery of Documentation. (a) Executed original counterparts of the Purchase Money Notes, the Purchase Money Notes Guaranty, the Reimbursement, Security and Guaranty Agreement and the Account Control Agreement (such instruments and documents, together with any and all Purchase Money Note Guaranties, the “Debt Agreements”) have been delivered to the Paying Agent, Agent and the Paying Agent acknowledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by it, or executed by the Purchase Money Notes Guarantor or the Collateral Agent and delivered to it, subsequent to the date of this Agreement promptly upon execution and delivery and to deliver each instrument amending or modifying any agreement previously delivered to the Paying Agent. Copies of the Contribution Agreement Agreement, the Advance Facility Documents and the LLC Operating Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder have been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Pledged Account Control Agreement has been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. (b) The Paying Agent shall retain the Debt Agreements in its possession and custody at all times during the term hereof unless any one of the following events has occurred: (i) If the Paying Agent has resigned or has been removed in accordance with the provisions of Section 9.1, the Custodian shall deliver the Debt Agreements to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received a Request for Release and Receipt of the Debt Agreements in the form attached hereto to this Agreement as Exhibit I from an Authorized Representative of the FDIC, the Paying Agent shall deliver the Debt Agreements to the FDIC in accordance with the instructions provided in such notice.

Delivery of Documentation. (a) Executed original counterparts of the Purchase Money NotesNote, the Purchase Money Notes Note Guaranty, the Reimbursement, Reimbursement and Security and Guaranty Agreement and the Account Control Agreement (the “Debt Agreements”) have been delivered to the Paying Agent, Agent and the Paying Agent acknowledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by it, or executed by the Purchase Money Notes Note Guarantor or the Collateral Agent and delivered to it, subsequent to the date of this Agreement promptly upon execution and delivery and to deliver each instrument amending or modifying any agreement previously delivered to the Paying Agent. Copies of the Contribution Agreement and the LLC Operating Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder have been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Account Control Agreement has been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. (b) The Paying Agent shall retain the Debt Agreements in its possession and custody at all times during the term hereof unless any one of the following events has occurred: (i) If the Paying Agent has resigned or has been removed in accordance with the provisions of Section 9.1, the Custodian shall deliver the Debt Agreements to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received a Request for Release and Receipt of the Debt Agreements in the form attached hereto as Exhibit I from an Authorized Representative of the FDIC, the Paying Agent shall deliver the Debt Agreements to the FDIC in accordance with the instructions provided in such notice.

Delivery of Documentation. (a) Executed original On or prior to the Document Effective Date, executed counterparts of the Purchase Money NotesSecurity Agreement, the Purchase Money Notes Guaranty, the Reimbursement, Security and Guaranty Advance Facility Agreement and the Account Control Agreement (the “Debt Agreements”) have been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by itAgent, or executed by the Purchase Money Notes Guarantor or the Collateral Agent and delivered to it, subsequent to the date of this Agreement promptly upon execution and delivery and to deliver thereof, each instrument amending or modifying any agreement previously delivered to the Paying Agent. Copies of the Contribution Agreement Amended and Restated Initial Purchase Money Note, the Facility Note, and the LLC Operating Purchase and Assumption Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder have also been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Account Control Agreement has been delivered At its option and at any time and upon written notice to the Paying Agent, and the Receiver may elect to deposit the Purchase Money Note(s) with the Paying Agent acknowledges receipt thereofAgent, whereupon such Purchase Money Note(s) shall be deemed to constitute “Debt Agreements.” (b) The Paying Agent shall retain the Debt Agreements in its possession and custody at all times during the term hereof unless any one of the following events has occurred: (i) If the Paying Agent has resigned or has been removed in accordance with the provisions of Section 9.1, the Custodian Paying Agent shall deliver the Debt Agreements to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received a Request for Release and Receipt of the Debt Agreements in the form attached hereto as Exhibit I from an Authorized Representative of the FDICCollateral Agent (with respect to the Security Agreement or the Account Control Agreement) or the Notes Designee (with respect to a Purchase Money Note), the Paying Agent shall deliver the requested Debt Agreements to the FDIC Collateral Agent or the Notes Designee, as applicable, in accordance with the instructions provided in such notice. (c) The Paying Agent shall transfer any Purchase Money Note(s) and surrender any Purchase Money Note(s) only in accordance with the written direction of the Note Holder or Note Holders of such Purchase Money Note(s) in whose name such Purchase Money Note(s) are registered; provided that the Paying Agent is hereby directed by each Note Holder of a Purchase Money Note to surrender such Purchase Money Note called for prepayment pursuant hereto (to the extent of the aggregate principal amount of such Purchase Money Note so redeemed), and to surrender such Purchase Money Note to the Issuer on the Maturity Date. The Paying Agent’s duty with respect to any Debt Agreements in its physical possession shall be limited to the exercise of reasonable care by the Paying Agent with respect to such Debt Agreements in its physical possession. For the avoidance of doubt, notwithstanding that the Paying Agent may have physical possession of any Purchase Money Note with respect to which it is acting in its capacity as Paying Agent, such Purchase Money Note shall nonetheless be the property solely of the Note Holder of such Purchase Money Note.

Delivery of Documentation. (a) Executed original counterparts of the Purchase Money NotesDebt Agreements (other than those described in the following sentence), the Purchase Money Notes Guarantyor copies thereof, the Reimbursement, Security and Guaranty Agreement and the Account Control Agreement (the “Debt Agreements”) have been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by it, or executed by the any Purchase Money Notes Guarantor or the Collateral PMN Agent and delivered to it, subsequent to the date of this Agreement Date promptly upon execution and delivery to it and to deliver each instrument amending or modifying any agreement Debt Agreement previously delivered to the Paying Agent. Copies of the Contribution Transfer Agreement and the LLC Operating Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder set forth in this Agreement have been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Pledged Account Control Agreement Agreement, or a copy thereof, has been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. (b) The Paying Agent shall will retain the Debt Agreements and the Private Owner Pledged Account Control Agreement in its possession and custody at all times during the term hereof of this Agreement unless any one of the following events has occurred: (i) If the Paying Agent has resigned resigns or has been is removed in accordance with the provisions of Section 9.1, the Custodian shall will deliver the Debt Agreements and the Private Owner Pledged Account Control Agreement to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received receives a Request for Release and Receipt of the Debt Agreements or Private Owner Pledged Account Control Agreement in the form attached hereto to this Agreement as Exhibit I from an Authorized Representative of the FDICPMN Agent (in the case of the Debt Agreements) or (in the case of the Private Owner Pledged Account Control Agreement) the Initial Member, the Paying Agent shall will deliver the Debt Agreements to the FDIC PMN Agent, or the Private Owner Pledged Account Control Agreement to the Initial Member, as the case may be, in accordance with the instructions provided in such notice. (c) The Paying Agent will comply with the terms of each Purchase Money Notes Guaranty applicable to the Paying Agent.

Delivery of Documentation. (a) Executed original counterparts of the Purchase Money Notes, Debt Agreements (other than those described in the Purchase Money Notes Guaranty, the Reimbursement, Security and Guaranty Agreement and the Account Control Agreement (the “Debt Agreements”follov·.'ing sentence) have been delivered to the Paying Agent, Agent and the Paying Agent acknowledges acknmvledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by it, or executed by the any Purchase Money Notes Guarantor or the Collateral PMN Agent and delivered to it, subsequent ~ubscquent to the date of this Agreement promptly upon execution and delivery and to deliver each instrument amending or modifying any agreement previously delivered to the Paying Agent. Copies of the Contribution Agreement and the LLC Operating Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder have been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Pledged Account Control Agreement has been delivered del ivcrcd to the Paying Agent, and the Paying Agent acknowledges receipt thereof. (b) The Paying Agent shall retain the Debt Agreements and the Private Owner Pledged Account Control Agreement in its possession and custody at all times during the term hereof unless any one of the following events has occurred: (i) If the Paying Agent has resigned or has been removed in accordance with the provisions of Section 9.1, the Custodian shall deliver the Debt Agreements and the Private Owner Pledged Account Control Agreement to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received a Request for Release and Receipt of the Debt Agreements and/or Private Owner Pledged Account Control Agreement in the form attached hereto as Exhibit I from an Authorized Representative of the FDICPlvfN Agent (in the case of the Debt Agreements) or (in the case of the Private Owner Pledged Account Control Agreement) the Initial Member, the Paying Agent shall deliver the Debt Agreements to the FDIC PtvfN Agent, or the Private Owner Pledged Account Control Agreement to the Initial Member, as the case may be, in accordance with the instructions provided in such notice. (c) The Paying Agent shall comply with the tenns of each Purchase Money Notes Guaranty applicable to the Paying Agent.

Delivery of Documentation. (a) Executed original counterparts of the Purchase Money Notes, the Purchase Money Notes Guaranty, the Reimbursement, Security and Guaranty Agreement and the Account Control Agreement (the “Debt Agreements”) have been delivered to the Paying Agent, Agent and the Paying Agent acknowledges receipt thereof. The Company agrees to deliver to the Paying Agent each of the Debt Agreements that is executed and delivered by it, or executed by the Purchase Money Notes Guarantor or the Collateral Agent and delivered to it, subsequent to the date of this Agreement promptly upon execution and delivery and to deliver each instrument amending or modifying any agreement previously delivered to the Paying Agent. Copies of the Contribution Agreement Agreement, the Advance Facility Documents and the LLC Operating Agreement (or portions thereof) as are necessary for the Paying Agent to be familiar with in order to perform its obligations hereunder have been delivered to the Paying Agent by the Company, and the Paying Agent acknowledges receipt thereof. An executed original counterpart of the Private Owner Pledged Account Control Agreement has been delivered to the Paying Agent, and the Paying Agent acknowledges receipt thereof. (b) The Paying Agent shall retain the Debt Agreements in its possession and custody at all times during the term hereof unless any one of the following events has occurred: (i) If the Paying Agent has resigned or has been removed in accordance with the provisions of Section 9.1, the Custodian shall deliver the Debt Agreements to the successor Paying Agent in accordance with Section 9.1. (ii) If the Paying Agent has received a Request for Release and Receipt of the Debt Agreements in the form attached hereto to this Agreement as Exhibit I from an Authorized Representative of the FDIC, the Paying Agent shall deliver the Debt Agreements to the FDIC in accordance with the instructions provided in such notice.