Common use of Holding of Security; Sharing of Payments, etc Clause in Contracts

Holding of Security; Sharing of Payments, etc. (1) The Security shall be held by the Administrative Agent or any Person designated by the Administrative Agent for the rateable benefit of the Finance Parties in accordance with its terms and, except as otherwise expressly provided herein, any proceeds from any realization of the Security shall be applied to the Outstandings to each Lender rateably (whether such Security is held in the name of the Administrative Agent, any other Person or in the name of any one or more of the Lenders and without regard to any priority to which the Lender may otherwise be entitled under Applicable Law). (2) Each Lender agrees with the other Lenders that it will not, without the prior consent of the other Lenders, take or obtain any Lien on any properties or assets of any Credit Party to secure the obligations of the Borrower under this Agreement, except for the benefit of all Lenders or as may otherwise be required by Applicable Law. (3) If a Lender obtains any payment (whether voluntary, involuntary or through the exercise of any right of set off or realization of Security) on account of Advances made by it (other than amounts paid pursuant to Section 8.6) in excess of its rateable share of payments obtained by all the Lenders, the Lender shall account to and pay over to the other Lenders their rateable share and shall, upon request, immediately purchase from the other Lenders such participations in the Advances made by the other Lenders as shall be necessary to cause the purchasing Lender to share the excess payment rateably with the other Lenders. If all or any portion of the excess payment is recovered from the purchasing Lender, the purchase price shall be rescinded and each Lender shall repay to the purchasing Lender the purchase price to the extent of the recovery together with an amount equal to the Lender’s rateable share (according to the proportion that the amount the Lender’s required repayment bears to the total amount recovered from the purchasing Lender) of any interest or other amount paid by the purchasing Lender in respect of the total amount recovered. The Lender purchasing a participation from another Lender pursuant to this Section 8.4 may, to the fullest extent permitted by Applicable Law, exercise all its rights of payment (including any right of set off) with respect to such participation as fully as if the Lender were a direct creditor of the Borrower in the amount of the participation and the Borrower expressly acknowledges the creation of such right.

Holding of Security; Sharing of Payments, etc. (1) The Security shall be held by the Administrative Agent or any Person designated by for the Administrative Agent for benefit of itself and the rateable benefit of the Finance Parties Lenders in accordance with its their respective terms and, except as otherwise expressly provided herein, and any proceeds from any realization of the Security shall be applied to the Outstandings Accommodations Outstanding to each Lender rateably (whether such Security is held in the name of the Administrative Agent, any other Person Agent or in the name of any one or more of the Lenders and without regard to any priority to which the any Lender may otherwise be entitled under Applicable Lawapplicable law). (2) Each Lender agrees with the other Lenders that it will not, without the prior consent of the other Lenders, take or obtain any Lien on any properties or assets of the Borrower or any Credit Party of the Subsidiaries to secure the obligations of the Borrower under this AgreementAgreement or any Subsidiary under any Credit Document, except for the benefit of all Lenders or as may otherwise be required by Applicable Lawlaw. (3) If a any Lender obtains any payment (whether voluntary, involuntary or through the exercise of any right of set set-off or realization of Security) on account of Advances any Accommodations made by it (other than amounts paid pursuant to Section 8.68.07) in excess of its rateable share of payments obtained by all the Lendersrelevant Lenders on such Accommodations, the Lender shall account to and pay over to the other relevant Lenders their rateable share and shall, upon request, immediately purchase from the other Lenders such participations in the Advances such Accommodations made by the other Lenders as shall be necessary to cause the purchasing Lender to share the excess payment rateably with the other relevant Lenders. If all or any portion of the excess payment is recovered from the purchasing Lender, the purchase price shall be rescinded and each relevant Lender shall repay to the purchasing Lender the purchase price to the extent of the recovery together with an amount equal to the Lender’s 's rateable share (according to the proportion that the amount the Lender’s 's required repayment bears to the total amount recovered from the purchasing Lender) of any interest or other amount paid by the purchasing Lender in respect of the total amount recovered. The Lender purchasing a participation from another Lender pursuant to this Section 8.4 8.05 may, to the fullest extent permitted by Applicable Lawlaw, exercise all its rights of payment (including any right of set set-off) with respect to such participation as fully as if the Lender were a direct creditor of the Borrower in the amount of the participation and the Borrower expressly acknowledges the creation of such right. (4) On request by, and at the expense of, the Borrower and provided no Default or Event of Default has occurred and is continuing, the Administrative Agent and the Lenders shall discharge and release the Security to the extent required to permit a sale, transfer or other disposition permitted under this Agreement.

Holding of Security; Sharing of Payments, etc. (1) The Security shall be held by the Administrative Agent or any Person designated by the Administrative Agent for the rateable benefit of the Finance Parties Lenders in accordance with its terms andtheir respective terms, except as otherwise expressly provided herein, and any proceeds from any realization of the Security Security, as well as all other amounts received by the Administrative Agent for the account of the Lenders, shall be applied to the Outstandings Accommodations Outstanding and other amounts payable to the Lenders under the Credit Documents to each Lender rateably (whether such Security is held in the name of the Administrative Agent, any other Person Agent or in the name of any one or more of the Lenders and without regard to any priority to which the any Lender may otherwise be entitled under Applicable applicable Law), and in connection with any application of proceeds of realization of Security as aforesaid, to the lender providing the Overdraft Facility as well. (2) Each Lender agrees with the other Lenders that it will not, without the prior consent of the other Lenders, take or obtain any Lien on any properties or assets of the Borrower or any Credit Party of its subsidiaries to secure the obligations of the Borrower under this Agreement, except for the benefit of all Lenders or as may otherwise be required by Applicable applicable Law. (3) If a any Lender obtains any payment (whether voluntary, involuntary or through the exercise of any right of set set-off or realization of Security) on account of Advances Accommodations made by it (other than amounts paid pursuant to Section 8.612.06) in excess of its rateable share of payments obtained by all the Lenders, the Lender shall account to and pay over to the other Lenders their rateable share and shall, upon request, immediately purchase from the other Lenders such participations in the Advances Accommodations made by the other Lenders as shall be necessary to cause the purchasing Lender to share the excess payment rateably with the other Lenders. If all or any portion of the excess payment is recovered from the purchasing Lender, the purchase price shall be rescinded and each Lender shall repay to the purchasing Lender the purchase price to the extent of the recovery together with an amount equal to the Lender’s 's rateable share (according to the proportion that the amount the Lender’s 's required repayment bears to the total amount recovered from the purchasing Lender) of any interest or other amount paid by the purchasing Lender in respect of the total amount recovered. The Lender purchasing a participation from another Lender pursuant to this Section 8.4 10.04 may, to the fullest extent permitted by Applicable Lawlaw, exercise all its rights of payment (including any right of set set-off) with respect to such participation as fully as if the Lender were a direct creditor of the Borrower in the amount of the participation and the Borrower expressly acknowledges the creation of such right. (4) On request by, and at the expense of, the Borrower and provided no Default has occurred and is continuing and no Event of Default has occurred and not been waived, the Administrative Agent may, on behalf of the Lenders, (a) discharge and release the Security to the extent required (i) to permit a Disposition permitted under this Agreement; (ii) upon termination of all Commitments and the payment in full of all Accommodations Outstanding and all other amounts owed to the Administrative Agents, the Lenders hereunder (including for greater certainty the providers of the Hedging Agreements) and the provider of the Overdraft Facility; or (iii) if approved, authorized or ratified by all of the Lenders (including for greater certainty the providers of the Hedging Agreements) and the provider of the Overdraft Facility; (b) to subordinate any Security held by the Administrative Agent on property of the Loan Parties to the holder of a Purchase Money Mortgage where same is permitted hereunder; and (c) to release any Guarantor from its guarantee provided in connection with this Credit Agreement where such Guarantor ceases to be a Guarantor as permitted hereunder.

Holding of Security; Sharing of Payments, etc. (1) The Security shall be held by the Administrative Agent or any Person designated by the Administrative Agent for the rateable benefit of the Finance Parties in accordance with its terms and, except as otherwise expressly provided herein, any proceeds from any realization of the Security shall be applied to the Outstandings to each Lender rateably (whether such Security is held in the name of the Administrative Agent, any other Person or in the name of any one or more of the Lenders and without regard to any priority to which the Lender may otherwise be entitled under Applicable Law). (2a) Each Lender agrees with the other Lenders that it will not, without the prior consent of the other Lenders, take or obtain any Lien lien on any properties or assets of any Credit Party the Borrowers to secure the obligations of the Borrower Borrowers under this Agreement, except for the benefit of all Lenders or as may otherwise be required by Applicable Lawlaw. (3b) If a any Lender obtains any payment (whether voluntary, involuntary or through the exercise of any right of set off or realization of Securityset-off) on account of Advances made by it (other than amounts paid pursuant to Section 8.6) in excess of its rateable share Pro Rata Share of payments obtained by all the Lenders, the such Lender shall account to and pay over to the other Lenders their rateable share Pro Rata Share and shall, upon request, immediately purchase from the other Lenders such participations in the Advances made by the other Lenders as shall be necessary to cause the purchasing Lender to share the excess payment rateably with the other Lenders, each according to its Pro Rata Share. If all or any portion of the excess payment is recovered from the purchasing Lender, the purchase price shall be rescinded and each Lender shall repay to the purchasing Lender the purchase price to the extent of the recovery together with an amount equal to the Lender’s rateable share Pro Rata Share (according to the proportion that the amount the Lender’s required repayment bears to the total amount recovered from the purchasing Lender) of any interest or other amount paid by the purchasing Lender in respect of the total amount recovered. The Lender purchasing a participation from another Lender pursuant to this Section 8.4 8.04 may, to the fullest extent permitted by Applicable Lawlaw, exercise all its rights of payment (including any right of set set-off) with respect to such participation as fully as if the Lender were a direct creditor of the Borrower Borrowers in the amount of the participation and each of the Borrower Borrowers expressly acknowledges the creation of such right. (c) Nothing in this Credit Agreement shall be construed or deemed to permit any Lender to enforce its rights and remedies hereunder against the Borrowers alone.

Holding of Security; Sharing of Payments, etc. (1) The Security shall be held by the Administrative Agent or any Person designated by for the Administrative Agent for benefit of itself and the rateable benefit of the Finance Parties Lenders in accordance with its their respective terms and, except as otherwise expressly provided herein, and any proceeds from any realization of the Security shall be applied to the Outstandings Accommodations Outstanding to each Lender rateably (whether such Security is held in the name of the Administrative Agent, any other Person Agent or in the name of any one or more of the Lenders and without regard to any priority to which the any Lender may otherwise be entitled under Applicable Lawapplicable law). (2) The Security shall also secure obligations of the Borrowers and the Restricted Subsidiaries under all Hedging Agreements with the Lenders and their Affiliates (i) in respect of pari passu Hedging Agreements referred to in Section 8.02(l), rateably in accordance with the agreements entered into by the Lenders or Affiliates thereof with the Administrative Agent, in its capacity as administrator of the Hedging Agreements, at the time the Hedging Agreements are executed, and on a pari passu basis with the Credit Facilities, and (ii) in respect of all Hedging Agreements which are not pari passu Hedging Agreements as provided in Section 8.02(l), rateably in accordance with the agreements entered into by the Lenders or Affiliates thereof with the Administrative Agent, in its capacity as administrator of the Hedging Agreements, at the time the Hedging Agreements are executed, but subordinate in right of payment to the repayment in full of the Credit Facilities and the pari passu Hedging Agreements. (3) Each Lender agrees with the other Lenders that it will not, without the prior consent of the other Lenders, take or obtain any Lien on any properties or assets of a Borrower or any Credit Party of the Subsidiaries to secure the obligations of the a Borrower under this AgreementAgreement or any Restricted Subsidiary under any Credit Document, except for the benefit of all Lenders or as may otherwise be required by Applicable Lawlaw. (34) If a any Lender obtains any payment (whether voluntary, involuntary or through the exercise of any right of set set-off or realization of Security) on account of Advances any Accommodations made by it (other than amounts paid pursuant to Section 8.610.07) in excess of its rateable share of payments obtained by all the Lendersrelevant Lenders on such Accommodations, the Lender shall account to and pay over to the other relevant Lenders their rateable share and shall, upon request, immediately purchase from the other Lenders such participations in the Advances such Accommodations made by the other Lenders as shall be necessary to cause the purchasing Lender to share the excess payment rateably with the other Lenders. If all or any portion of the excess payment is recovered from the purchasing Lender, the purchase price shall be rescinded and each Lender shall repay to the purchasing Lender the purchase price to the extent of the recovery together with an amount equal to the Lender’s rateable share (according to the proportion that the amount the Lender’s required repayment bears to the total amount recovered from the purchasing Lender) of any interest or other amount paid by the purchasing Lender in respect of the total amount recovered. The Lender purchasing a participation from another Lender pursuant to this Section 8.4 may, to the fullest extent permitted by Applicable Law, exercise all its rights of payment (including any right of set off) with respect to such participation as fully as if the Lender were a direct creditor of the Borrower in the amount of the participation and the Borrower expressly acknowledges the creation of such right.relevant

Holding of Security; Sharing of Payments, etc. (1) The Security shall be held by the Administrative Agent or any Person designated by for the Administrative Agent for benefit of itself and the rateable benefit of the Finance Parties Lenders in accordance with its their respective terms and, except as otherwise expressly provided herein, and any proceeds from any realization of the Security shall be applied to the Outstandings Accommodations Outstanding to each Lender rateably (whether such Security is held in the name of the Administrative Agent, any other Person Agent or in the name of any one or more of the Lenders and without regard to any priority to which the any Lender may otherwise be entitled under Applicable Lawapplicable law). (2) The Security shall also secure obligations of the Borrowers and the Restricted Subsidiaries under all Hedging Agreements with the Lenders and their Affiliates (i) in respect of pari passu Hedging Agreements referred to in Section 8.02(l), rateably in accordance with the agreements entered into by the Lenders or Affiliates thereof with the Administrative Agent, in its capacity as administrator of the Hedging Agreements, at the time the Hedging Agreements are executed, and on a pari passu basis with the Credit Facilities, and (ii) in respect of all Hedging Agreements which are not pari passu Hedging Agreements as provided in Section 8.02(l), rateably in accordance with the agreements entered into by the Lenders or Affiliates thereof with the Administrative Agent, in its capacity as administrator of the Hedging Agreements, at the time the Hedging Agreements are executed, but subordinate in right of payment to the repayment in full of the Credit Facilities and the pari passu Hedging Agreements. (3) Each Lender agrees with the other Lenders that it will not, without the prior consent of the other Lenders, take or obtain any Lien on any properties or assets of a Borrower or any Credit Party of the Subsidiaries to secure the obligations of the a Borrower under this AgreementAgreement or any Restricted Subsidiary under any Credit Document, except for the benefit of all Lenders or as may otherwise be required by Applicable Lawlaw. (34) If a any Lender obtains any payment (whether voluntary, involuntary or through the exercise of any right of set set-off or realization of Security) on account of Advances any Accommodations made by it (other than amounts paid pursuant to Section 8.610.07) in excess of its rateable share of payments obtained by all the Lendersrelevant Lenders on such Accommodations, the Lender shall account to and pay over to the other relevant Lenders their rateable share and shall, upon request, immediately purchase from the other Lenders such participations in the Advances such Accommodations made by the other Lenders as shall be necessary to cause the purchasing Lender to share the excess payment rateably with the other Lenders. If all or any portion of the excess payment is recovered from the purchasing Lender, the purchase price shall be rescinded and each Lender shall repay to the purchasing Lender the purchase price to the extent of the recovery together with an amount equal to the Lender’s rateable share (according to the proportion that the amount the Lender’s required repayment bears to the total amount recovered from the purchasing Lender) of any interest or other amount paid by the purchasing Lender in respect of the total amount recovered. The Lender purchasing a participation from another Lender pursuant to this Section 8.4 may, to the fullest extent permitted by Applicable Law, exercise all its rights of payment (including any right of set off) with respect to such participation as fully as if the Lender were a direct creditor of the Borrower in the amount of the participation and the Borrower expressly acknowledges the creation of such right.relevant 91 -90-

Holding of Security; Sharing of Payments, etc. (1) The Security shall be held by the Administrative Agent or any Person designated by the Administrative Agent for the rateable benefit of the Finance Parties in accordance with its terms and, except as otherwise expressly provided herein, any proceeds from any realization of the Security shall be applied to the Outstandings to each Lender rateably (whether such Security is held in the name of the Administrative Agent, any other Person or in the name of any one or more of the Lenders and without regard to any priority to which the Lender may otherwise be entitled under Applicable LawRBC Europe (if applicable). (2) Each Lender and RBC Europe (if applicable) agrees with the other Lenders that it will not, without the prior consent of the other Lenders, take or obtain any Lien on any properties or assets of the Company or any Credit Party of its Subsidiaries to secure the obligations of the Borrower Company or any of its Subsidiaries under this AgreementAgreement or any of the Loan Documents, except for the benefit of all Lenders and RBC Europe (if applicable) or as may otherwise be required by Applicable Lawlaw. (3) If a any Lender and RBC Europe (if applicable) obtains any payment (whether voluntary, involuntary or through the exercise of any right of set set-off or realization of Securitysecurity) on account of Advances Accommodations made by it (other than amounts paid pursuant to Section 8.610.06) in excess of its rateable share of payments obtained by all the LendersLenders and RBC Europe (if applicable), the Lender shall account to and pay over to the other Lenders their rateable share and shall, upon request, immediately purchase from the other Lenders such participations in the Advances Accommodations made by the other Lenders as shall be necessary to cause the purchasing Lender to share the excess payment rateably with the other Lenders. If all or any portion of the excess payment is recovered from the purchasing Lender, the purchase price shall be rescinded and each Lender shall repay to the purchasing Lender the purchase price to the extent of the recovery together with an amount equal to the Lender’s rateable share (according to the proportion that the amount the Lender’s required repayment bears to the total amount recovered from the purchasing Lender) of any interest or other amount paid by the purchasing Lender in respect of the total amount recovered. The Lender purchasing a participation from another Lender pursuant to this Section 8.4 9.04 may, to the fullest extent permitted by Applicable Lawlaw, exercise all its rights of payment (including any right of set set-off) with respect to such participation as fully as if the Lender were a direct creditor of the Borrower in the amount of the participation and the Borrower expressly acknowledges the creation of such right. (4) On request by, and at the expense of, the Borrower and provided no Event of Default has occurred and is continuing, the Administrative Agent is authorized to take such steps and execute such documents as may be necessary to discharge and release the Security to the extent required to allow any Disposition or Lien permitted hereunder to be consummated.

Holding of Security; Sharing of Payments, etc. (1) The Security Interests and Security constituted by the Security Documents shall be held by the Administrative Agent or any Person designated by the Administrative Agent for the rateable benefit of the Finance Parties Lenders, in accordance with its terms andtheir respective terms, except as otherwise expressly provided herein, and any proceeds from any realization of the Security thereof shall be applied to the Outstandings Accommodations Outstanding, all interest and Fees accrued thereon and all other amounts payable under this Agreement in respect of the Credit Facilities and under the Credit Documents to each Lender rateably based on the amount of Accommodations Outstanding under all of the Credit: Facilities and Credit Documents, all interest and Fees accrued thereon and all other amounts payable under this Agreement and the other Credit Documents owing to each Lender to the aggregate amount of Accommodations Outstanding under all of Credit Facilities and Credit Documents, all interest and Fees accrued thereon and all other amounts payable under this Agreement and the other Credit Documents owing to all of the Lenders (whether such Security is held in the name of the Administrative Agent, any other Person Agent or in the name of any one or more of the Lenders and without regard to any priority to which the any Lender may ma) otherwise be entitled under Applicable applicable Law). (2) Each Lender agrees with the other Lenders that it will not, without the prior consent of the other Lenders, take or obtain any Lien Security Interest on any properties or assets property of any Credit Party the Borrower to secure the obligations of the Borrower under this Agreementhereunder, except for the benefit of all Lenders or as may otherwise be required by Applicable Law. (3) If a any Lender obtains any payment (whether voluntary, involuntary or through the exercise of any right of set set-off hereunder or the realization of Securityany Security Interest) on account of Advances Accommodations made by it (other than amounts paid pursuant to Section 8.610.7) in excess of its rateable share of payments obtained on account of the Accommodations made by all the Lenders, the such Lender shall account to and pay over to the other Lenders their rateable share shares thereof and shall, shall upon request, immediately request forthwith purchase from the other Lenders such participations in the Advances Accommodations made by the such other Lenders as shall be necessary to cause the such purchasing Lender to share the excess payment rateably with the such other Lenders. If all or any portion of the such excess payment is thereafter recovered from the such purchasing Lender, the such purchase price from each Lender shall be rescinded and each Lender shall repay to the purchasing Lender the purchase price to the extent of the such recovery together with an amount equal 57 - 52 - to the such Lender’s 's rateable share (according to the proportion that the amount the such Lender’s 's required repayment bears to the total amount so recovered from the purchasing Lender) of any interest or other amount paid or payable by the purchasing Lender in respect of the total amount so recovered. The Lender so purchasing a participation from another Lender pursuant to this Section 8.4 10.5 may, to the fullest extent permitted by Applicable Law, exercise all its rights of payment (including any right of set offset-off hereunder) with respect to such participation as fully as if the such Lender were a direct creditor of the Borrower in the amount of the such participation and the Borrower hereby expressly acknowledges the creation of such right.

Holding of Security; Sharing of Payments, etc. (1) The Security shall be held by the Administrative Agent or any Person designated by the Administrative Agent for the rateable benefit of the Finance Parties Lenders in accordance with its terms and, except as otherwise expressly provided herein, and any proceeds from any realization of the Security shall be applied to the Outstandings Accommodations Outstanding to each Lender rateably (whether such Security is held in the name of the Administrative Agent, any other Person Agent or in the name of any one or more of the Lenders and without regard to any priority to which the Lender may otherwise be entitled under Applicable Lawapplicable law). (2) Each Lender agrees with the other Lenders that (i) it will not, without the prior consent of the other Lenders, take or obtain any Lien on any properties or assets of the Borrower or any Credit Additional Loan Party to secure the obligations Obligations of the Borrower under this Agreement, except for the benefit of all Lenders or as may otherwise be required by Applicable Lawlaw, and (ii) notwithstanding the provisions of Section 32 of the Special Corporate Powers Act (Quebec), the Agent may, as the Person holding the power of attorney for the Lenders, acquire title to indebtedness secured by a hypothec in its favour related to the Credit Documents. (3) If a Lender obtains The Agent is authorized to release any payment (whether voluntaryLien granted to or held by the Agent, involuntary or through for the exercise benefit of any right of set off or realization of Security) on account of Advances made by it (other than amounts paid pursuant to Section 8.6) in excess of its rateable share of payments obtained by all the Lenders, upon any Collateral (i) upon termination of the Lender shall account to Commitment and pay over to Payment In Full of all of the other Lenders their rateable share Obligations, (ii) upon receipt of the proceeds of sales of the Collateral permitted hereunder, together with a certificate of the Borrower or Additional Loan Party, as appropriate, certifying, with appropriate calculations where necessary, that such sale is permitted by this Agreement or (iii) if the release can be and is approved by the Majority Lenders. At such time, the Agent shall, upon requestthe written request and at the expense of the Borrower or Additional Loan Party, immediately purchase from as appropriate, deliver to such Person such instruments as are necessary to terminate the other Lenders Liens on the Collateral subject to such participations release or otherwise evidence and effectuate such release. Any such delivery shall be without warranty by or recourse to the Agent, except as to the absence of any prior assignments by the Agent of its interest in the Advances made by the other Lenders as Collateral subject to such release, and shall be necessary to cause at the purchasing Lender to share the excess payment rateably with the other Lenders. If all or any portion expense of the excess payment is recovered from the purchasing LenderBorrower or Additional Loan Party, the purchase price shall be rescinded and each Lender shall repay to the purchasing Lender the purchase price as appropriate. In addition, to the extent necessary upon the sale of the recovery together capital stock of a Restricted Subsidiary in accordance with an amount equal Section 3.2(f)(vi), the Agent is authorized to release such Restricted Subsidiary from its Obligations under the Lender’s rateable share (according Credit Documents to which it is a party. The Agent may request, and thereupon the proportion that the amount the Lender’s required repayment bears to the total amount recovered from the purchasing Lender) of any interest or other amount paid by the purchasing Lender in respect Majority Lenders shall provide, confirmation of the total amount recovered. The Lender purchasing a participation from another Lender pursuant Agent's authority to this Section 8.4 may, to the fullest extent permitted by Applicable Law, exercise all its rights of payment (including any right of set off) execute and deliver releases with respect to the Collateral and such participation Obligations of a Restricted Subsidiary whose capital stock has been sold in accordance with Section 3.2(f)(vi), in each case as fully as if herein set forth, and upon receipt of such approvals from the Lender were a direct creditor of Majority Lenders, the Agent shall execute and deliver such releases to the Borrower in the amount of the participation and the Borrower expressly acknowledges the creation of such rightor Additional Loan Party, as appropriate.