Common use of Financing Issues Clause in Contracts

Financing Issues. If the Company or any other Grantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Agent shall desire to permit the use of cash collateral or to permit the Company or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Law ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Company any Borrower or any other Grantor Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Senior Agent shall desire to permit the use of cash collateral or to permit the Company or any other Grantor Borrower to obtain financing under Section section 363 or Section section 364 of Title 11 of the United States Bankruptcy Code or any similar Bankruptcy Law ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the either Company or any other Grantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Agent shall desire to permit the use of cash collateral or to permit the either Company or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Law ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Company Borrower or any other Grantor Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Senior Collateral Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Company Borrower or any other Grantor Guarantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Bankruptcy Code or any similar Bankruptcy Law ("DIP Financing"), then the TrusteeNoteholder Collateral Agent, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3herein) and, to the extent any of the Liens securing the any Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common same Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the any Company or any other Grantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Agent or the Senior Lenders shall desire to permit the use of cash collateral or to permit the any Company or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Law ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing and such Senior Lender Claims (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Company Borrower or any other Grantor Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit any Senior Agent or any Senior Lender shall desire to permit the use of cash collateral or to permit the Company or any other Grantor Borrower to obtain financing under Section 363 or Section 364 of Title 11 of the United States Bankruptcy Code or any similar Bankruptcy Law ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent any of the Liens securing the any Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the same Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Company any Borrower or any other Grantor Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Senior Agent shall desire to permit the use of cash collateral or to permit the Company or any other Grantor Borrower to obtain financing under Section section 363 or Section section 364 of Title 11 of the United States Bankruptcy Code or any similar Bankruptcy Law ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Company or any other Grantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Agent shall desire to permit the use of cash collateral or to permit the Company or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Law ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to ). To the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents Obligations are subordinated or pari passu with such DIP Financing, will subordinate the Trustee, for and on behalf of itself and the Noteholders, hereby agrees that its Liens in the Common Collateral shall be subordinated to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims Note Obligations are so subordinated to Senior Lender Claims Credit Agreement Obligations under this Agreement.

Financing Issues. If the Company any Borrower or any other Grantor Guarantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Senior Agent shall desire to permit the use of cash collateral or to permit the Company or any other Grantor Borrower to obtain financing under Section section 363 or Section section 364 of Title 11 of the United States Bankruptcy Code or any similar Bankruptcy Law ("“DIP Financing"”), then the TrusteeBridge Agent, on behalf of itself and the NoteholdersBridge Lenders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Bridge Lenders Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Company Borrower or any other Grantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Senior Agent shall desire to permit the use of cash collateral or to permit the Company Borrower or any other Grantor to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Law ("DIP Financing"), then the Trustee, on behalf of itself and the Noteholders, agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Claims are so subordinated to Senior Lender Claims under this Agreement.

Financing Issues. If the Company or any other Grantor Maker shall be subject to any Insolvency or Liquidation Proceeding and the Credit Agent Senior Lender shall desire to permit the use of cash collateral or to permit the Company or any other Grantor Maker to obtain financing under Section 363 or Section 364 of Title 11 of the United States Code or any similar Bankruptcy Law ("“DIP Financing"”), then the Trustee, on behalf of itself and the Noteholders, Seller agrees that it will raise no objection to such use of cash collateral or DIP Financing and will not request adequate protection or any other relief in connection therewith (except to the extent permitted by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims under the Senior Credit Agreement or, if no Senior Credit Agreement exists, under the other Senior Lender Documents are subordinated or pari passu with such DIP Financing, will subordinate its Liens in the Common Collateral to such DIP Financing (and all Obligations relating thereto) on the same basis as the other Liens securing the Noteholder Seller Claims are so subordinated to Senior Lender Claims under this Agreement.