Common use of Information as to Representatives Clause in Contracts

Information as to Representatives. The Company agrees that it shall deliver to the Collateral Trustee from time to time upon written request of the Collateral Trustee a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the Company) thereunder, and all other unpaid amounts thereunder known to the Company, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information known to the Company regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustee may reasonably request. In addition, the Company shall deliver to the Collateral Trustee, 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 two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of the Chief Financial Officer, Treasurer or Controller of the Company, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, PROVIDED, that if any distribution is directed to be made to any Representative, if such Representative shall have notified the Collateral Trustee in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the benefit of such Representative and its Secured Holders. The Company will furnish to the Collateral Trustee, with a copy to each Representative, a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and the Company agrees to furnish promptly to the Collateral Trustee any changes or additions to such list of which the Company is made aware. Unless otherwise specified herein, the Collateral Trustee may for all purposes hereunder, rely on such information given by the Company unless (i) the Collateral Trustee shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative.

Information as to Representatives. The Company Each Borrower agrees that it shall deliver to the Collateral Trustee Trustees from time to time upon written request of the Collateral Trustee Trustees a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the CompanyBorrowers) thereunder, and all other unpaid amounts thereunder known to the CompanyBorrowers, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information known to the Company regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustee Trustees may reasonably request. In addition, the Company Borrowers shall deliver to the Collateral TrusteeTrustees, each time a distribution from the Collateral Trust Estate or or, the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of the Chief Financial an Authorized Officer, Treasurer or Controller of the Company, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, PROVIDED, that if any distribution is directed to be made to any Representative, if such Representative shall have notified the Collateral Trustee Trustees in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the benefit of such Representative and its Secured Holders. The Company Borrowers will furnish to the Collateral TrusteeTrustees, with a copy to each Representative, on the Perfection Date a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and the Company each Borrower agrees to furnish promptly to the Collateral Trustee Trustees any changes or additions to such list of which the Company is Borrowers are made aware. Unless otherwise specified herein, the Collateral Trustee Trustees may for all purposes hereunder, rely on such information given by the Company Borrowers unless (i) the Collateral Trustee Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Borrowers can reach an agreement on such issue within a period of 10 days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers and such Representative) to resolve the dispute (at the expense of the Borrowers).

Information as to Representatives. The Company Each Borrower agrees that it shall deliver to the Collateral Trustee Trustees from time to time upon written request of the Collateral Trustee Trustees a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the CompanyBorrowers) thereunder, and all other unpaid amounts thereunder known to the CompanyBorrowers, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information known to the Company regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustee Trustees may reasonably request. In addition, the Company Borrowers shall deliver to the Collateral TrusteeTrustees, each time a distribution from the Collateral Trust Estate or or, the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of the Chief Financial an Authorized Officer, Treasurer or Controller of the Company, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, PROVIDED, provided that if any distribution is directed to be made to any Representative, Representative if such Representative shall have notified the Collateral Trustee Trustees in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the benefit Equal and Ratable Benefit of such Representative and its Secured Holders. The Company On the Effective Date, the Borrowers will furnish to the Collateral TrusteeTrustees, with a copy to each Representative, a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and the Company each Borrower agrees to furnish promptly to the Collateral Trustee Trustees any changes or additions to such list of which the Company is Borrowers are made aware. Unless otherwise specified herein, the Collateral Trustee Trustees may for all purposes hereunder, rely on such information given by the Company Borrowers unless (i) the Collateral Trustee Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Borrowers can reach an agreement on such issue within a period of ten days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers and such Representative) to resolve the dispute (at the expense of the Borrowers).

Information as to Representatives. (a) The Company Borrower agrees that it shall deliver to the Collateral Trustee Trustees from time to time upon written the request of the Collateral Trustee Trustees a list setting forth, for each Secured Agreement, (ai) the aggregate principal amount outstanding thereunder, (bii) the accrued and unpaid interest thereunder, (ciii) the accrued and unpaid fees (if any) thereunder, (div) the names of the Representatives and of the Secured Holders (to the extent known to the CompanyBorrower) thereunder, and all other unpaid amounts thereunder known to the CompanyBorrower, owing to each such Representative, for its own account and on behalf of such Secured Holders and (ev) such other information known to the Company regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustee Trustees may reasonably request. In addition, the Company Borrower shall deliver to the Collateral TrusteeTrustees, each time a distribution from the Collateral Trust Estate or or, the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party the Required Representative(s) pursuant to Section 5.04 hereof, a certificate of the Chief Financial Officer, Treasurer or Controller an Authorized Officer of the CompanyBorrower, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefortherefor (the "Payment Information"), PROVIDED, provided that if any distribution is directed to be made to any Representative, if such Representative shall have notified the Collateral Trustee Trustees in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the benefit of such Representative and its Secured Holders. The Company Borrower will furnish to the Collateral TrusteeTrustees, with a copy to each Representative, on the Effective Date a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and the Company Borrower agrees to furnish promptly to the Collateral Trustee Trustees any changes or additions to such list of which the Company Borrower is made aware. Unless otherwise specified herein, the Collateral Trustee Trustees may for all purposes hereunder, rely on such information given by the Company Borrower unless (i) the Collateral Trustee Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Borrower can reach an agreement on such issue within a period of 10 days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrower and such Representative) to resolve the dispute (at the expense of the Borrower). Upon the request of the Collateral Trustees, the Agent and the other Representatives shall deliver the information provided for in this Section 6.02. (b) If the Borrower shall not have delivered the Payment Information to the Collateral Trustees at least two Business days prior to the applicable Distribution Date, the Collateral Trustees shall request the Payment Information from the Agent and the other Representatives, and if after such request the Collateral Trustees shall not have received the Payment Information from any of the Borrower, the Agent or the other Representatives, the Collateral Trustees shall not be required to take any action under clause THIRD of Section 5.01(a) until it receives such Payment Information.

Information as to Representatives. The Company Grantor agrees that it shall deliver to the Collateral Trustee from time to time upon written request of the Collateral Trustee a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the CompanyGrantor) thereunder, and all other unpaid amounts thereunder known to the CompanyGrantor, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information known to the Company regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustee may reasonably request. In addition, the Company Grantor shall deliver to the Collateral Trustee, 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 two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof5.04, a certificate of the Chief Financial Officer, Treasurer or Controller of the CompanyGrantor, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, PROVIDEDprovided, that if any distribution is directed to be made to any Representative, if such Representative shall have notified the Collateral Trustee in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the benefit of such Representative and its Secured Holders. The Company Grantor will furnish to the Collateral Trustee, with a copy to each Representative, within 10 Business Days after receiving the Collateral Trustee's reasonable request therefor, a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and the Company Grantor agrees to furnish promptly to the Collateral Trustee any changes or additions to such list of which the Company Grantor is made aware. Unless otherwise specified herein, the Collateral Trustee may for all purposes hereunder, rely on such information given by the Company Grantor unless (i) the Collateral Trustee shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Grantor can reach an agreement on such issue within a period of 10 days, the Collateral Trustee shall appoint an independent arbitrator (who shall be reasonably acceptable to the Grantor and such Representative) to resolve the dispute (at the expense of the Grantor).

Information as to Representatives. The Company Grantor agrees that it shall deliver to the Collateral Trustee Trustees from time to time upon written request of the Collateral Trustee Trustees a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the CompanyGrantor) thereunder, and all other unpaid amounts thereunder known to the CompanyGrantor, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information known to the Company regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustee Trustees may reasonably request. In addition, the Company Grantor shall deliver to the Collateral TrusteeTrustees, each time a distribution from the Collateral Trust Estate or or, the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of the Chief Financial an Authorized Officer, Treasurer or Controller of the Company, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, PROVIDEDprovided, that if any distribution is directed to be made to any Representative, if such Representative shall have notified the Collateral Trustee Trustees in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the benefit of such Representative and its Secured Holders. The Company Grantor will furnish to the Collateral TrusteeTrustees, with a copy to each Representative, on the Effective Date a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and the Company Grantor agrees to furnish promptly to the Collateral Trustee Trustees any changes or additions to such list of which the Company Grantor is made aware. Unless otherwise specified herein, the Collateral Trustee Trustees may for all purposes hereunder, rely on such information given by the Company Grantor unless (i) the Collateral Trustee Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Grantor can reach an agreement on such issue within a period of 10 days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Grantor and such Representative) to resolve the dispute (at the expense of the Grantor).

Information as to Representatives. The Company agrees that it shall deliver to the Collateral Trustee Trustees from time to time upon written request of the Collateral Trustee Trustees a list setting forth, for each Secured Indebtedness Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the Company) thereunderof the Secured Indebtedness outstanding thereunder and the unpaid principal amount thereof, all accrued interest thereon, all accrued fees (if any) thereunder and all other unpaid amounts thereunder known to the Company, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information known to the Company regarding the Representatives, such Secured Holders and the Secured Indebtedness Agreements as the Collateral Trustee Trustees may reasonably request. In addition, the Company shall deliver to the Collateral TrusteeTrustees, each time a distribution from the Collateral Trust Estate Estate, the Shared Collateral Account or the Holders Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of the Chief Financial an Authorized Officer, Treasurer or Controller of the Company, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, PROVIDED, that if any distribution is directed to be made to any the Indenture Trustee as a Representative, if such Representative the Indenture Trustee shall have notified the Collateral Trustee Trustees in writing that such Representative Indenture Trustee is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the benefit of such Representative and its Secured HoldersHolders Collateral Account. The Company will furnish to the Collateral Trustee, with a copy to each Representative, Trustees on the Closing Date a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Indebtedness Agreements and the Company agrees to furnish promptly to the Collateral Trustee Trustees any changes or additions to such list of which the Company is made awarelist. Unless otherwise specified herein, the Collateral Trustee Trustees may for all purposes hereunder, rely on such information given by the Company unless (i) the Collateral Trustee Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Company can reach an agreement on such issue within a period of 10 days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Company and such Representative) to resolve the dispute (at the expense of the Company).