Common use of Financing Issues Clause in Contracts

Financing Issues. If Communications, the Borrower or any of their Restricted Subsidiaries shall be subject to a bankruptcy, insolvency, liquidation or similar proceeding (including as a result of the commencement of a case under the Bankruptcy Code) and the Administrative Agent, the Existing Credit Agreement Agent, the Collateral Agent, the Secured Creditors or any of them shall desire to permit the usage of cash collateral or to provide financing to Communications, the Borrower or any of their respective Restricted Subsidiaries under Section 363 or Section 364 of the Bankruptcy Code, then: each of the holders of the Second Priority Secured Obligations agrees that (i) notice received two Business Days' prior to the entry of an order approving such usage of cash collateral and five Business Days' prior to the entry of an order approving such financing shall be adequate notice; and (ii) provided it receives a Lien in any property arising or acquired after the commencement of such proceeding which may be substituted for the Collateral subject to such usage under Section 363 of the Bankruptcy Code or which secures such financing under Section 364 of the Bankruptcy Code (which Lien shall be subordinated to any Lien in such property held by the Administrative Agent, the Collateral Agent, or the Secured Creditors, as the case may be, on terms substantially the same as the terms set forth in this Section 11), it will raise no objection to such usage or financing on the grounds that its junior Lien position with respect to any Collateral is not adequately protected.

Financing Issues. If Communications, the U.S. Borrower or any of their Restricted its Subsidiaries shall be subject to a bankruptcy, insolvency, liquidation or similar proceeding (including as a result of the commencement of a case under the Bankruptcy Code) and the Administrative Agent, the Existing Credit Agreement Agent, the Collateral Agent, the Secured Creditors Banks or any of them shall desire to permit the usage of cash collateral or to provide financing to Communications, the either Borrower or any of their respective Restricted Subsidiaries under Section 363 or Section 364 of the Bankruptcy Code, then: each of the holders of the Second Priority Secured Tranche D Obligations agrees that (i) notice received two Business Days' prior to the entry of an order approving such usage of cash collateral and five Business Days' prior to the entry of an order approving such financing shall be adequate notice; and (ii) provided it receives a Lien in any property arising or acquired after the commencement of such proceeding which may be substituted for the Collateral subject to such usage under Section 363 of the Bankruptcy Code or which secures such financing under Section 364 of the Bankruptcy Code (which Lien shall be subordinated to any Lien in such property held by the Administrative Agent, the Collateral Agent, or the Secured CreditorsBanks, as the case may be, on terms substantially the same as the terms set forth in this Section 1115), it will raise no objection to such usage or financing on the grounds that its junior Lien position with respect to any Collateral is not adequately protected.