Common use of Excluded Swap Obligations Clause in Contracts

Excluded Swap Obligations. (a) Notwithstanding any provision of this Agreement or any other Senior Loan Document, no Guarantee (including, for the avoidance of doubt, the guarantee obligations of each Subsidiary Loan Party under the Senior Loan Documents insofar as such Subsidiary Loan Party is jointly liable for obligations of any other Subsidiary Loan Party) by any Subsidiary Loan Party under any Senior Loan Document shall include a Guarantee of any Senior Obligation that, as to such Subsidiary Loan Party, is an Excluded Swap Obligation, and no Collateral provided by any Subsidiary Loan Party shall secure any Senior Obligation that, as to such Subsidiary Loan Party, is an Excluded Swap Obligation. In the event that any payment is made by, or any collection is realized from, any Subsidiary Loan Party as to which any Senior Obligations are Excluded Swap Obligations, or from any Collateral provided by such Subsidiary Loan Party, the proceeds thereof shall be applied to pay the Senior Obligations of such Subsidiary Loan Party as otherwise provided herein without giving effect to such Excluded Swap Obligations and each reference in this Agreement or any other Senior Loan Document to the ratable application of such amounts as among the Senior Obligations or any specified portion of the Senior Obligations that would otherwise include such Excluded Swap Obligations shall be deemed so to provide. (b) The following terms shall for purposes of this Section 1.06 have the meanings set forth below:

Excluded Swap Obligations. (a) Notwithstanding any provision of this Agreement or any other Senior Loan Document, no Guarantee (including, for the avoidance of doubt, the guarantee obligations of each Subsidiary Loan Party Borrower under the Senior Loan Documents insofar as such Subsidiary Loan Party Borrower is jointly liable for obligations of incurred by any other Subsidiary Loan PartyBorrower) by any Subsidiary Loan Party under any Senior Loan Document shall include a Guarantee of any Senior Secured Obligation that, as to such Subsidiary Loan Party, is an Excluded Swap Obligation, Obligation and no Collateral provided by any Subsidiary Loan Party shall secure any Senior Secured Obligation that, as to such Subsidiary Loan Party, is an Excluded Swap Obligation. In the event that any payment is made by, or any collection is realized from, any Subsidiary Loan Party as to which any Senior Secured Obligations are Excluded Swap Obligations, or from any Collateral provided by such Subsidiary Loan Party, the proceeds thereof shall be applied to pay the Senior Secured Obligations of such Subsidiary Loan Party as otherwise provided herein without giving effect to such Excluded Swap Obligations and each reference in this Agreement or any other Senior Loan Document to the ratable application of such amounts as among the Senior Secured Obligations or any specified portion of the Senior Secured Obligations that would otherwise include such Excluded Swap Obligations shall be deemed so to provide. (b) The following terms shall for purposes of this Section 1.06 1.08 have the meanings set forth below:

Excluded Swap Obligations. (a) Notwithstanding any provision of this Agreement or any other Senior Loan Document, no Guarantee (including, for the avoidance of doubt, the guarantee obligations of each Subsidiary Loan Party Guarantor under the Senior Loan Documents insofar as such Subsidiary Loan Party Guarantor is jointly liable for obligations of any other Subsidiary Loan PartyGuarantor) by any Subsidiary Loan Party Guarantor under any Senior Loan Document shall include a Guarantee of any Senior Obligation that, as to such Subsidiary Loan PartyGuarantor, is an Excluded Swap Obligation, and no Collateral provided by any Subsidiary Loan Party Guarantor shall secure any Senior Obligation that, as to such Subsidiary Loan PartyGuarantor, is an Excluded Swap Obligation. In the event that any payment is made by, or any collection is realized from, any Subsidiary Loan Party Guarantor as to which any Senior Obligations are Excluded Swap Obligations, or from any Collateral provided by such Subsidiary Loan PartyGuarantor, the proceeds thereof shall be applied to pay the Senior Obligations of such Subsidiary Loan Party Guarantor as otherwise provided herein without giving effect to such Excluded Swap Obligations and each reference in this Agreement or any other Senior Loan Document to the ratable application of such amounts as among the Senior Obligations or any specified portion of the Senior Obligations that would otherwise include such Excluded Swap Obligations shall be deemed so to provide. (b) The following terms shall for purposes of this Section 1.06 have the meanings set forth below:

Excluded Swap Obligations. (a) Notwithstanding any provision of this Agreement or any other Senior Loan Document, no Guarantee (including, for the avoidance of doubt, the guarantee obligations of each Subsidiary Loan Party under the Senior Loan Documents insofar as such Subsidiary Loan Party is jointly liable for obligations of any other Subsidiary Loan Party) by any Subsidiary Loan Party under any Senior Loan Document shall include a Guarantee of any Senior Obligation that, as to such Subsidiary Loan Party, is an Excluded Swap Obligation, and no Collateral provided by any Subsidiary Loan Party shall secure any Senior Obligation that, as to such Subsidiary Loan Party, is an Excluded Swap Obligation. In the event that any payment is made by, or any collection is realized from, any Subsidiary Loan Party as to which any Senior Obligations are Excluded Swap Obligations, or from any Collateral provided by such Subsidiary Loan Party, the proceeds thereof shall be applied to pay the Senior Obligations of such Subsidiary Loan Party as otherwise provided herein without giving effect to such Excluded Swap Obligations and each reference in this Agreement or any other Senior Loan Document to the ratable application of such amounts as among the Senior Obligations or any specified portion of the Senior Obligations that would otherwise include such Excluded Swap Obligations shall be deemed so to provide. (b) The following terms shall for purposes of this Section 1.06 have the meanings set forth below: