Common use of Information as to Holders Clause in Contracts

Information as to Holders. (a) The Borrower agrees that it shall deliver to the Collateral Trustees from time to time within five (5) Business Days after a request by the Collateral Trustees, a list setting forth (i) the aggregate amount of Obligations outstanding under the Credit Facility Agreement and the aggregate principal amount outstanding under the Public Indenture, or any of them, (ii) the interest rates then in effect under the Credit Facility Agreement and the Public Indenture, to the extent known by Borrower and (iii) such other information in the Borrower’s possession regarding the Secured Parties and the Debt Instruments as the Collateral Trustees may reasonably request. The Borrower will furnish to the Collateral Trustees on the date hereof a list setting forth the name and address of the Credit Facility Agent and the Public Trustee, to the extent not previously delivered, and the Borrower agrees to furnish promptly to the Collateral Trustees any changes or additions to such list. In addition, the Borrower shall deliver to the Collateral Trustees, each time a distribution from the Collateral Trust Estate or the Collateral Account is to be made pursuant to the terms hereof, not later than five (5) Business Days after receipt by the Borrower from the Collateral Trustee of a copy of the applicable distribution request delivered by a Secured Party pursuant to Section 3.3 hereof, a certificate of a Responsible Officer of the Borrower, setting forth the information required by Section 3.1(c) hereof in connection with the determination of amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor (the “Payment Information”), provided that if any distribution is directed to be made to any Agent, if such Agent shall have notified the Collateral Trustees in writing that such Agent is unable to accept such distribution, such distribution shall be made instead to an account established for the benefit of such Agent and the Holders of the applicable Secured Debt. The Collateral Trustees may, for all purposes hereunder, rely on such information given by the Borrower. (b) If the Borrower shall not have delivered the Payment Information to the Collateral Trustees at least five (5) Business Days prior to the applicable Distribution Date, the Collateral Trustees shall request the Payment Information from the Credit Facility Agent, and if after such request the Collateral Trustees shall not have received the Payment Information from any of the Borrower, or the Credit Facility Agent, the Collateral Trustees shall not be required to take any action under clauses THIRD, FOURTH, FIFTH or SIXTH of Section 3.1(a) until it receives such Payment Information. The Collateral Trustees may, for all purposes hereunder, rely on such information given by the Credit Facility Agent.

Information as to Holders. (a) The Borrower agrees that it shall deliver to the Collateral Trustees from time to time within five (5) Business Days after a request by the Collateral Trustees, a list setting forth (i) the aggregate amount of Obligations outstanding under the Credit Facility Agreement and the aggregate principal amount outstanding under each of the Public IndentureIndenture and the Paying Agency Agreement, or any of them, (ii) the interest rates then in effect under the Credit Facility Agreement Agreement, the Public Indenture and the Public IndenturePaying Agency Agreement, to the extent known by Borrower and (iii) such other information in the Borrower’s possession regarding the Secured Parties and the Debt Instruments as the Collateral Trustees may reasonably request. The Borrower will furnish to the Collateral Trustees on the date hereof a list setting forth the name and address of the Credit Facility Agent Agent, the Public Trustee and the Public Trustee, to the extent not previously deliveredPaying Agent, and the Borrower agrees to furnish promptly to the Collateral Trustees any changes or additions to such list. In addition, the Borrower shall deliver to the Collateral Trustees, each time a distribution from the Collateral Trust Estate or the Collateral Account is to be made pursuant to the terms hereof, not later than five (5) Business Days after receipt by the Borrower from the Collateral Trustee of a copy of the applicable distribution request delivered by a Secured Party pursuant to Section 3.3 hereof, a certificate of a Responsible Officer of the Borrower, setting forth the information required by Section 3.1(c) hereof in connection with the determination of amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor (the “Payment Information”), provided that if any distribution is directed to be made to any Agent, if such Agent shall have notified the Collateral Trustees in writing that such Agent is unable to accept such distribution, such distribution shall be made instead to an account established for the benefit of such Agent and the Holders of the applicable Secured Debt. The Collateral Trustees may, for all purposes hereunder, rely on such information given by the Borrower. (b) If the Borrower shall not have delivered the Payment Information to the Collateral Trustees at least five (5) Business Days prior to the applicable Distribution Date, the Collateral Trustees shall request the Payment Information from the Credit Facility Agent, and if after such request the Collateral Trustees shall not have received the Payment Information from any of the Borrower, or the Credit Facility Agent, the Collateral Trustees shall not be required to take any action under clauses THIRD, FOURTH, FIFTH or SIXTH of Section 3.1(a) until it receives such Payment Information. The Collateral Trustees may, for all purposes hereunder, rely on such information given by the Credit Facility Agent.

Information as to Holders. Within 30 days after request therefor by the Collateral Trustee, (ai) The Borrower agrees that it with respect to the Second Lien Term Loan Obligations, the Second Lien Term Loan Administrative Agent shall, and (ii) with respect to the Senior Note Lien Obligations, the Company shall request the Indenture Trustee to (or, if the Indenture Trustee fails to, the Company, based on the best information available to the Company, including pursuant to exercise of any of the Company's rights under the Indenture, shall), in the case of (i) or (ii), deliver to the Collateral Trustees from time to time within five (5) Business Days after a request by the Collateral Trustees, Trustee a list setting forth (ias of the date of such request) (x) in the aggregate amount case of the Second Lien Term Loan Obligations, for each Second Lien Debt Instrument pursuant to which any Second Lien Term Loan Obligations are outstanding under and (y) in the Credit Facility Agreement and case of the Senior Note Lien Obligations, for the Senior Notes, (1) the aggregate principal amount then outstanding under the Public Indenture, or any of themthereunder, (ii2) the interest rate or rates then in effect under thereunder, (3) the Credit Facility Agreement amount thereof then due and payable and (4) the names of the holders thereof and the Public unpaid principal amount thereof then due and payable to each such holder. In addition, within 30 days after request therefor by the Collateral Trustee, (i) with respect to the Second Lien Term Loan Obligations, the Second Lien Term Loan Administrative Agent shall, and (ii) with respect to the Second Note Obligations, the Company shall request the Indenture Trustee to (or, if the Indenture Trustee fails to, the Company, based on the best information available to the Company, including pursuant to exercise of any of the Company's rights under Indenture, to the extent known by Borrower and (iii) such other information shall), in the Borrower’s possession regarding the Secured Parties and the Debt Instruments as the Collateral Trustees may reasonably request. The Borrower will case of (i) or (ii), furnish to the Collateral Trustees on Trustee a list (as of the date hereof a list of such request) setting forth the name and address of each party to whom notices must be sent under (A) in the Credit Facility Agent and case of the Public Trustee, to the extent not previously delivered, and the Borrower agrees to furnish promptly to the Collateral Trustees any changes or additions to such list. In additionSecond Lien Term Loan Obligations, the Borrower shall deliver to the Collateral Trustees, each time a distribution from the Collateral Trust Estate or the Collateral Account is to be made Second Lien Debt Instruments pursuant to which any Second Lien Term Loan Obligations are outstanding and (B) in the terms hereof, not later than five (5) Business Days after receipt by the Borrower from the Collateral Trustee of a copy case of the applicable distribution request delivered by a Secured Party pursuant to Section 3.3 hereof, a certificate of a Responsible Officer of the Borrower, setting forth the information required by Section 3.1(c) hereof in connection with the determination of amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor (the “Payment Information”), provided that if any distribution is directed to be made to any Agent, if such Agent shall have notified the Collateral Trustees in writing that such Agent is unable to accept such distribution, such distribution shall be made instead to an account established for the benefit of such Agent and the Holders of the applicable Secured Debt. The Collateral Trustees may, for all purposes hereunder, rely on such information given by the Borrower. (b) If the Borrower shall not have delivered the Payment Information to the Collateral Trustees at least five (5) Business Days prior to the applicable Distribution DateSenior Note Lien Obligations, the Collateral Trustees shall request the Payment Information from the Credit Facility Agent, and if after such request the Collateral Trustees shall not have received the Payment Information from any of the Borrower, or the Credit Facility Agent, the Collateral Trustees shall not be required to take any action under clauses THIRD, FOURTH, FIFTH or SIXTH of Section 3.1(a) until it receives such Payment Information. The Collateral Trustees may, for all purposes hereunder, rely on such information given by the Credit Facility AgentSenior Note Documents.