Common use of Financing Issues Clause in Contracts

Financing Issues. If 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 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 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 any the 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 any 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 Credit Agreement 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 such Senior Lender Claims (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 any Company or any other Grantor Warnaco Obligor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Senior Agent or the Senior Lenders shall desire to permit the use of cash collateral or to permit any Company the Warnaco Obligors (or any other Grantor of them) 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 each Noteholder 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 required by Section 6.3) and, to the extent the Liens securing the Senior Lender Claims are subordinated or pari passu with such DIP Financing, the Noteholder Collateral Trustee will subordinate its Liens in the Common Shared Collateral to such DIP Financing and such Senior Lender Claims (and all Obligations relating theretothereto (in each case under this Section 6.1, to the extent such DIP Financing and Obligations constitute "Senior Lender Claims") on the same basis as the other Liens securing the Noteholder Claims are so subordinated to the other Senior Lender Claims under this Agreement.

Financing Issues. If any the 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 any 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”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 the proviso in clause (ii) of Section 3.1(a) and 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 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 Liens Securing Senior Lender Claims under this Agreement.

Financing Issues. If any Company the Borrower or any other Grantor shall be subject to any Insolvency or Liquidation Proceeding and the Credit Senior Agent or the Senior Lenders shall desire to permit the use of cash collateral or to permit any Company the 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 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 any the 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 any 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 the proviso in clause (ii) of Section 3.1(a) and 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 Liens securing Senior Lender Claims under this Agreement.

Financing Issues. If any either 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 any 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 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 any the 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 any 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 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.