Common use of Investment Related Property Clause in Contracts

Investment Related Property. (a) If the Grantor shall become entitled to receive or shall receive any certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights in respect of the Capital Stock of any Issuer, whether in addition to, in substitution of, as a conversion of, or in exchange for, any shares of the Pledged Equity Interests, or otherwise in respect thereof, the Grantor shall accept the same as the agent of the Relevant Agent and the other Secured Parties, hold the same in trust for the Relevant Agent and the other Secured Parties and promptly deliver the same forthwith to the Relevant Agent in the exact form received, duly indorsed by the Grantor to the Relevant Agent, if required, together with an undated stock power covering such certificate duly executed in blank by the Grantor to be held by the Relevant Agent, subject to the terms hereof, as additional collateral security for the Obligations. Any sums paid upon or in respect of the Investment Related Property upon the liquidation or dissolution of any Issuer shall be paid over to the Relevant Agent to be held by it hereunder as additional collateral security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Investment Related Property or any property shall be distributed upon or with respect to the Investment Related Property pursuant to the recapitalization or reclassification of the capital of any Issuer or pursuant to the reorganization thereof, the property so distributed shall, unless otherwise subject to a perfected security interest in favor of the Collateral Agents, be delivered to the Senior Collateral Agent until the Senior Obligations are paid in full and the Collateral Agents (on a ratable basis) thereafter to be held by it or them, as the case may be, as additional collateral security for the Obligations. If any sums of money or property so paid or distributed in respect of the Investment Related Property shall be received by the Grantor, the Grantor shall, until such money or property is paid or delivered to the Relevant Agent, hold such money or property in trust for the Relevant Agent and the other Secured Parties, segregated from other funds of the Grantor, as additional collateral security for the Obligations. (b) Without the prior written consent of the Relevant Agent, the Grantor will not (i) sell, assign, transfer, exchange, or otherwise dispose of, or grant any option with respect to, the Investment Related Property or Proceeds thereof (except pursuant to a transaction expressly permitted by the Credit Agreement), (ii) create, incur or permit to exist any Lien or option in favor of, or any claim of any Person with respect to, any of the Investment Related Property or Proceeds thereof, or any interest therein, except for the security interests created by this Agreement or (iii) enter into any agreement or undertaking restricting the right or ability of the Grantor or the Relevant Agent to sell, assign or transfer any of the Investment Related Property or Proceeds thereof.

Investment Related Property. (a) If Except as provided in the next sentence, in the event such Grantor receives any interest or distributions on any Investment Related Property, upon the merger, consolidation, liquidation or dissolution of any issuer of any Investment Related Property, then (i) such interest or distributions and any Securities (other than Excluded Equity Interests) or other property shall be included in the definition of Collateral without further action and (ii) such Grantor shall become entitled immediately take all steps, if any, necessary or advisable to receive or shall receive any certificate ensure the validity, perfection, priority and, if applicable, control of the Collateral Trustee over such Investment Related Property (including, without limitation, delivery thereof to the Collateral Trustee) and pending any certificate representing a dividend or a distribution in connection with any reclassificationsuch action such Grantor shall be deemed to hold such interest, increase or reduction of capital or any certificate issued in connection with any reorganization)distributions, option or rights in respect of the Capital Stock of any Issuer, whether in addition to, in substitution of, as a conversion of, or in exchange for, any shares of the Pledged Securities (other than Excluded Equity Interests, ) or otherwise in respect thereof, the Grantor shall accept the same as the agent of the Relevant Agent and the other Secured Parties, hold the same in trust for the Relevant Agent and the other Secured Parties and promptly deliver the same forthwith to the Relevant Agent in the exact form received, duly indorsed by the Grantor to the Relevant Agent, if required, together with an undated stock power covering such certificate duly executed in blank by the Grantor to be held by the Relevant Agent, subject to the terms hereof, as additional collateral security for the Obligations. Any sums paid upon or in respect of the Investment Related Property upon the liquidation or dissolution of any Issuer shall be paid over to the Relevant Agent to be held by it hereunder as additional collateral security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Investment Related Property or any property shall be distributed upon or with respect to the Investment Related Property pursuant to the recapitalization or reclassification of the capital of any Issuer or pursuant to the reorganization thereof, the property so distributed shall, unless otherwise subject to a perfected security interest in favor of the Collateral Agents, be delivered to the Senior Collateral Agent until the Senior Obligations are paid in full and the Collateral Agents (on a ratable basis) thereafter to be held by it or them, as the case may be, as additional collateral security for the Obligations. If any sums of money or property so paid or distributed in respect of the Investment Related Property shall be received by the Grantor, the Grantor shall, until such money or property is paid or delivered to the Relevant Agent, hold such money or property in trust for the Relevant Agent and the other Secured Parties, segregated from other funds benefit of the Collateral Trustee and shall segregate such distributions, Securities (other than Excluded Equity Interests) or other property from all other property of such Grantor. Notwithstanding the foregoing, so long as additional collateral security for no Secured Debt Event of Default shall have occurred and be continuing, the ObligationsCollateral Trustee authorizes each Grantor to retain all ordinary cash distributions paid in the normal course of the business of the issuer of any applicable Investment Related Property and consistent with the past practice of such issuer and all scheduled payments of interest. (b) Without Except to the extent prohibited by an Secured Debt Document, without the prior written consent of the Relevant AgentCollateral Trustee, the such Grantor will shall not (i) sell, assign, transfer, exchange, vote to enable or otherwise dispose of, take any other action to waive any default under or grant any option with respect to, the Investment Related Property or Proceeds thereof (except pursuant to a transaction expressly permitted by the Credit Agreement), (ii) create, incur or permit to exist any Lien or option in favor of, or any claim of any Person with respect to, breach any of the Investment Related Property or Proceeds thereof, or terms of any interest therein, except for Pledged Debt. (c) Such Grantor shall notify the security interests created by this Agreement or (iii) enter into Collateral Trustee of any agreement or undertaking restricting the right or ability of the Grantor or the Relevant Agent to sell, assign or transfer material default under any of the Investment Related Property or Proceeds thereofPledged Debt.

Investment Related Property. (a) If the such Grantor shall become entitled to receive or shall receive any certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights in respect of the Capital Stock of any Issuer, whether in addition to, in substitution of, as a conversion of, or in exchange for, any shares of the Pledged Equity Interests, or otherwise in respect thereof, the such Grantor shall accept the same as the agent of the Relevant Agent and the other Secured Parties, hold the same in trust for the Relevant Agent and the other Secured Parties and promptly deliver the same forthwith to the Relevant Agent in the exact form received, duly indorsed by the such Grantor to the Relevant Agent, if required, together with an undated stock power covering such certificate duly executed in blank by the such Grantor to be held by the Relevant Agent, subject to the terms hereof, as additional collateral security for the Obligations. Any sums paid upon or in respect of the Investment Related Property upon the liquidation or dissolution of any Issuer shall be paid over to the Relevant Senior Collateral Agent until the Senior Obligations are paid in full and the Collateral Agents (on a ratable basis) thereafter to be held by it hereunder or them, as the case may be, as additional collateral security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Investment Related Property or any property shall be distributed upon or with respect to the Investment Related Property pursuant to the recapitalization or reclassification of the capital of any Issuer or pursuant to the reorganization thereof, the property so distributed shall, unless otherwise subject to a perfected security interest in favor of the Collateral Agents, be delivered to the Senior Collateral Relevant Agent until the Senior Obligations are paid in full and the Collateral Agents (on a ratable basis) thereafter to be held by it or them, as the case may be, hereunder as additional collateral security for the Obligations. If any sums of money or property so paid or distributed in respect of the Investment Related Property shall be received by the such Grantor, the such Grantor shall, until such money or property is paid or delivered to the Relevant Agent, hold such money or property in trust for the Relevant Agent and the other Secured Parties, segregated from other funds of the such Grantor, as additional collateral security for the Obligations. (b) Without the prior written consent of the Relevant Agent, the such Grantor will not (i) sell, assign, transfer, exchange, or otherwise dispose of, or grant any option with respect to, the Investment Related Property or Proceeds thereof (except pursuant to a transaction expressly permitted by the Credit Agreement), (ii) create, incur or permit to exist any Lien or option in favor of, or any claim of any Person with respect to, any of the Investment Related Property or Proceeds thereof, or any interest therein, except for the security interests created by this Agreement or (iii) enter into any agreement or undertaking restricting the right or ability of the such Grantor or the Relevant Agent to sell, assign or transfer any of the Investment Related Property or Proceeds thereof. (c) In the case of each Grantor which is an Issuer, such Issuer agrees that (i) it will be bound by the terms of this Agreement relating to the Investment Related Property issued by it and will comply with such terms insofar as such terms are applicable to it, (ii) it will notify the Collateral Agents and the Designated Agent (if any) promptly in writing of the occurrence of any of the events described in Section 5.7(a) with respect to the Investment Related Property issued by it and (iii) the terms of Sections 6.3(a) and 6.7 shall apply to it, mutatis mutandis, with respect to all actions that may be required of it pursuant to Section 6.3(c) or 6.7 with respect to the Investment Related Property issued by it.

Investment Related Property. (a) If the Grantor shall become entitled to receive or shall receive any certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights in respect of the Capital Stock of any Issuer, whether in addition to, in substitution of, as a conversion of, or in exchange for, any shares of the Pledged Equity Interests, or otherwise in respect thereof, the Grantor shall accept the same as the agent of the Relevant Collateral Agent and the other Secured Parties, hold the same in trust for the Relevant Collateral Agent and the other Secured Parties and promptly deliver the same forthwith to the Relevant Collateral Agent in the exact form received, duly indorsed by the Grantor to the Relevant Collateral Agent, if required, together with an undated stock power covering such certificate duly executed in blank by the Grantor to be held by the Relevant Collateral Agent, subject to the terms hereof, as additional collateral security for the Obligations. Any sums paid upon or in respect of the Investment Related Property upon the liquidation or dissolution of any Issuer shall be paid over to the Relevant Collateral Agent to be held by it hereunder as additional collateral security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Investment Related Property or any property shall be distributed upon or with respect to the Investment Related Property pursuant to the recapitalization or reclassification of the capital of any Issuer or pursuant to the reorganization thereof, the property so distributed shall, unless otherwise subject to a perfected security interest in favor of the Collateral AgentsAgent, be delivered to the Senior Collateral Agent until the Senior Obligations are paid in full and the Collateral Agents (on a ratable basis) thereafter to be held by it or them, as the case may be, hereunder as additional collateral security for the Obligations. If any sums of money or property so paid or distributed in respect of the Investment Related Property shall be received by the Grantor, the Grantor shall, until such money or property is paid or delivered to the Relevant Collateral Agent, hold such money or property in trust for the Relevant Collateral Agent and the other Secured Parties, segregated from other funds of the Grantor, as additional collateral security for the Obligations. (b) Without the prior written consent of the Relevant Collateral Agent, the Grantor will not (i) sell, assign, transfer, exchange, or otherwise dispose of, or grant any option with respect to, the Investment Related Property or Proceeds thereof (except pursuant to a transaction expressly permitted by the Credit Agreement), (ii) create, incur or permit to exist any Lien or option in favor of, or any claim of any Person with respect to, any of the Investment Related Property or Proceeds thereof, or any interest therein, except for the security interests created by this Agreement or (iii) enter into any agreement or undertaking restricting the right or ability of the Grantor or the Relevant Collateral Agent to sell, assign or transfer any of the Investment Related Property or Proceeds thereof.