Common use of Financial Xxxxxx Clause in Contracts

Financial Xxxxxx. To the extent any Lender or any Affiliate of a Lender issues a Financial Hedge in accordance with the requirements of the Loan Papers and accepts the benefits of the Liens in the Collateral arising pursuant to the Security Documents, such Lender (for itself and on behalf of any such Affiliates) agrees (a) to appoint Administrative Agent, as its nominee and agent, to act for and on behalf of such Lender or Affiliate thereof in connection with the Security Documents and (b) to be bound by the terms of this Section 14; whereupon all references to “Lender” in this Section 14 and in the Security Documents shall include, on any date of determination, any Lender or Affiliate of a Lender that is party to a then-effective Financial Hedge which complies with the requirements of the Loan Papers. Additionally, if the Obligation owed to any Lender or Affiliate of a Lender consists solely of Debt arising under a Financial Hedge (such Lender or Affiliate being referred to in this Section 14.10 as an “Issuing Lender”), then such Issuing Lender (by accepting the benefits of any Security Documents) acknowledges and agrees that pursuant to the Loan Papers and without notice to or consent of such Issuing Lender: (w) Liens in the Collateral may be released in whole or in part; (x) all Guaranties may be released; (y) any Security Document may be amended, modified, supplemented, or restated; and (z) all or any part of the Collateral may be permitted to secure other Debt.

Financial Xxxxxx. To the extent any Lender or any Affiliate of a Lender issues a Financial Hedge in accordance with the requirements of the Loan Papers Documents and accepts the benefits of the Liens in the Collateral arising pursuant to the Security Collateral Documents, such Lender (for itself and on behalf of any such Affiliatesits Affiliate) agrees (ai) to appoint Administrative AgentBank of America, N.A., as its nominee and agent, to act for and on behalf of such Lender or Affiliate thereof in connection with the Security Collateral Documents and (bii) to be bound by the terms of d-699365.10 72 CoorsTek Credit Agreement ------------------------- this Section 1412; whereupon all references to “"Lender” " in this Section 14 SECTION 12 and in the Security Collateral Documents shall include, on any date of determination, any Lender or Affiliate of a Lender that is party to a then-effective Financial Hedge which complies with the requirements of the Loan PapersDocument. Additionally, if the Obligation owed to any Lender or Affiliate of a Lender consists solely of Debt arising under a Financial Hedge (such Lender or Affiliate being referred to in this Section 14.10 SECTION 12.11 as an “Issuing Lender”"ISSUING LENDER"), then such Issuing Lender (by accepting the benefits of any Security Collateral Documents) acknowledges and agrees that pursuant to the Loan Papers Documents and without notice to or consent of such Issuing Lender: (wi) Liens in the Collateral may be released in whole or in part; (xii) all Guaranties may be released; (yiii) any Security Collateral Document may be amended, modified, supplemented, or restated; and (ziv) all or any part of the Collateral may be permitted to secure other Debt.

Financial Xxxxxx. To the extent any Lender or any Affiliate of a ---------------- Lender issues a Financial Hedge in accordance with the requirements of the Loan Papers Documents and accepts the benefits of the Liens in the Collateral arising pursuant to the Security Collateral Documents, such Lender (for itself and on behalf of any such Affiliates) agrees (ai) to appoint Administrative AgentBank of America, N.A., as its nominee and agent, to act for and on behalf of such Lender or Affiliate thereof in connection with the Security Collateral Documents and (bii) to be bound by the terms of this Section 1412; whereupon all references to “"Lender” " in this Section 14 12 and in the Security Collateral Documents shall include, on any date of determination, any Lender or Affiliate of a Lender that is party to a then-effective Financial Hedge which complies with the requirements of the Loan PapersDocument. Additionally, if the Obligation owed to any Lender or Affiliate of a Lender consists solely of Debt arising under a Financial Hedge (such Lender or Affiliate being referred to in this Section 14.10 12.12 as an “"Issuing Lender”"), then such Issuing Lender (by accepting the benefits of any Security Collateral Documents) acknowledges and agrees that pursuant to the Loan Papers Documents and without notice to or consent of such Issuing Lender: (wi) Liens in the Collateral may be released in whole or in part; (xii) all Guaranties may be released; (yiii) any Security Collateral Document may be amended, modified, supplemented, or restated; and (ziv) all or any part of the Collateral may be permitted to secure other Debt.

Financial Xxxxxx. To the extent any Lender or any Affiliate of a Lender issues a Financial Hedge in accordance with the requirements of the Loan Papers and accepts the benefits of the Liens in the Collateral arising pursuant to the Security Documents, such Lender (for itself and on behalf of any such Affiliates) agrees (a) to appoint Administrative Agent, as its nominee and agent, to act for and on behalf of such Lender or Affiliate thereof in connection with the Security Documents and (b) to be bound by the terms of this Section 14; whereupon all references to “Lender” in this Section 14 and in the Security Documents shall include, on any date of determination, any Lender or Affiliate of a Lender that is party to a then-effective 109 Financial Hedge which complies with the requirements of the Loan Papers. Additionally, if the Obligation owed to any Lender or Affiliate of a Lender consists solely of Debt arising under a Financial Hedge (such Lender or Affiliate being referred to in this Section 14.10 as an “Issuing Lender”), then such Issuing Lender (by accepting the benefits of any Security Documents) acknowledges and agrees that pursuant to the Loan Papers and without notice to or consent of such Issuing Lender: (w) Liens in the Collateral may be released in whole or in part; (x) all Guaranties may be released; (y) any Security Document may be amended, modified, supplemented, or restated; and (z) all or any part of the Collateral may be permitted to secure other Debt.

Financial Xxxxxx. To the extent any Lender or any Affiliate of a Lender issues a Financial Hedge in accordance with the requirements of the Loan Papers Documents and accepts the benefits of the Liens in the Collateral arising pursuant to the Security Collateral Documents, such Lender (for itself and on behalf of any such Affiliates) agrees (ai) to appoint Administrative AgentBank of America, N.A., as its nominee and agent, to act for and on behalf of such Lender or Affiliate thereof in connection with the Security Collateral Documents and (bii) to be bound by the terms of this Section 1412; whereupon all references to “"Lender” " in this Section 14 12 and in the Security Collateral Documents shall include, on any date of determination, any Lender or Affiliate of a Lender that is party to a then-effective Financial Hedge which complies with the requirements of the Loan PapersDocuments. Additionally, if the Obligation owed to any Lender or Affiliate of a Lender consists solely of Debt arising under a Financial Hedge (such Lender or Affiliate being referred to in this Section 14.10 12.12 as an “"Issuing Lender”"), then such Issuing Lender (by accepting the benefits of any Security Collateral Documents) acknowledges and agrees that pursuant to the Loan Papers Documents and without notice to or consent of such Issuing Lender: (wi) Liens in the Collateral may be released in whole or in part; (xii) all Guaranties may be released; (yiii) any Security Collateral Document may be amended, modified, supplemented, or restated; and (ziv) all or any part of the Collateral may be permitted to secure other Debt.

Financial Xxxxxx. To the extent any Lender or any Affiliate of a Lender issues a Financial Hedge in accordance with the requirements of the Loan Papers and accepts the benefits of the Liens in the Collateral arising pursuant to the Security Documents, such Lender (for itself and on behalf of any such Affiliates) agrees (a) to appoint Administrative Agent, as its nominee and agent, to act for and on behalf of such Lender or Affiliate thereof in connection with the Security Documents and (b) to be bound by the terms of this Section 1413; whereupon all references to “"Lender” " in this Section 14 13 and in the Security Documents shall include, on any date of determination, any Lender or Affiliate of a Lender that is party to a then-effective Financial Hedge which complies with the requirements of the Loan Papers. Additionally, if the Obligation owed to any Lender or Affiliate of a Lender consists solely of Debt arising under a Financial Hedge (such Lender or Affiliate being referred to in this Section 14.10 13.12 as an “"Issuing Lender”"), then such Issuing Lender (by accepting the benefits of any Security Documents) acknowledges and agrees that pursuant to the Loan Papers and without notice to or consent of such Issuing Lender: (w) Liens in the Collateral may be released in whole or in part; (x) all Guaranties may be released; (y) any Security Document may be amended, modified, supplemented, or restated; and (z) all or any part of the Collateral may be permitted to secure other Debt. Bond L/Cs and Bond Documents. In addition to the authorizations set forth in Section 13.11, each Lender and each L/C Issuer hereby authorizes Administrative Agent or the applicable L/C Issuer, as the case may be, to execute and deliver all certificates, documents, agreements, and instruments required to be delivered after the Closing Date pursuant to or in connection with any Bond L/C and Bond Documents executed in connection therewith (including, without limitation, any Additional Bond L/Cs and Additional Bond Documents), and to take such actions as Administrative Agent or such L/C Issuer, as the case may be, deems necessary in connection therewith. This authorization shall be liberally, not restrictively, construed so as to give the greatest latitude to Administrative Agent's or L/C Issuer's authority, as the case may be, relative to the Bonds, Bond L/Cs and Bond Documents. The powers and authorities herein conferred on Administrative Agent and the applicable L/C Issuer may be exercised by Administrative Agent or such L/C Issuer, as the case may be, through any Person who, at the time of the execution of a particular instrument, is an officer of Administrative Agent or such L/C Issuer, as applicable.