Common use of Guarantees and Collateral Clause in Contracts

Guarantees and Collateral. Same as Existing Credit Agreement. For the avoidance of doubt, the Collateral will be subject to second priority Liens securing the Convertible Notes and the Second Lien Notes and any Refinancing Indebtedness in respect thereof, which junior Liens shall be subject to a customary silent second intercreditor agreement (the “Second Lien Intercreditor Agreement”), materially consistent with the term sheet attached as Schedule 1.

Guarantees and Collateral. Same as Existing Credit Agreement. For the avoidance of doubt, the Collateral will be subject to second priority Liens securing the Convertible Exchangeable Notes and the Second Lien Notes and any Refinancing Indebtedness in respect thereof, which junior Liens shall be subject to a customary silent second intercreditor agreement (the “Second Lien Intercreditor Agreement”), materially consistent with the term sheet attached as Schedule 1.