Common use of Leasehold Mortgages and Filings; Landlord Waivers Clause in Contracts

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the Company and each of their Domestic Subsidiaries shall execute and file Mortgages with respect to any New Parent’s, the Parent’s, the Company’s and such Domestic Subsidiaries’ leasehold interests in the premises (the “Leased Premises”) leased by any New Parent, the Parent, the Company or such Domestic Subsidiary, as the case may be, pursuant to written leases that may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases” and, individually, a “Lease”). (b) Prior to or on the Issue Date or, if later, the effective date of any Lease, any New Parent, the Parent, the Company and each such Domestic Subsidiary, as the case may be, shall provide to the Collateral Agent all of the items set forth in clauses (2), (3) and (4) of Section 4.24 hereof and shall use their commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) Each of any New Parent, the Parent, the Company and any Domestic Subsidiary that is a lessee of, or becomes a lessee of, real property, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver executed by the lessor of such real property; provided that if such lease is in existence on the Issue Date, any New Parent, the Parent, the Company or the Domestic Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the Company and each of their Domestic Subsidiaries shall execute and file Mortgages with respect to any such New Parent’s, the Parent’s, the Company’s and such Domestic Subsidiaries’ leasehold interests in the premises (the “Leased Premises”) leased by any such New Parent, the Parent, Parent or the Company or such Domestic Subsidiary, as the case may be, pursuant to written leases that may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases” and, individually, a “Lease”). (b) Prior to or on the Issue Date or, if later, the effective date of any Lease, any such New Parent, the Parent, the Company and each such Domestic Subsidiary, as the case may be, shall provide to the Collateral Agent all of the items set forth in clauses (2), (3) and (4) of Section 4.24 hereof and shall use their commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) Each of any New Parent, the Parent, the Company and any Domestic Subsidiary that is a lessee of, or becomes a lessee of, real property, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver executed by the lessor of such real property; provided that if such lease is in existence on the Issue Date, any such New Parent, the Parent, the Company or the Domestic Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, The Issuers and the Parent, the Company and each of their Domestic Subsidiaries Guarantors shall execute and file use commercially reasonable efforts to deliver Mortgages with respect to any New Parent’s, the Parent’s, the Company’s and such Domestic SubsidiariesIssuers’ leasehold interests in any premises material to the premises business taken as a whole (except to the extent such leasehold interest would constitute Excluded Assets) (the “Leased Premises”) leased occupied by any New Parent, the Parent, the Company an Issuer or such Domestic Subsidiary, as the case may be, Guarantor pursuant to written leases that which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and, and individually, a “Lease”). (b) Prior , in each case, using commercially reasonable efforts to or on comply with the foregoing by the Issue Date orDate, if laterbut in any event, no later than 90 days thereafter. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraph, the effective date of any Lease, any New Parent, Issuers or the Parent, the Company and each such Domestic Subsidiary, as the case may be, applicable Guarantor shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2), (3) and (4) of Section 4.24 hereof 4.21 and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) Each . The Issuers and each of any New Parent, the Parent, the Company and any Domestic Subsidiary Guarantors that is a lessee of, or becomes a lessee of, real propertyproperty material to the business (except to the extent such leasehold interest would constitute Excluded Assets), is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver waiver, in the form reasonably acceptable to the Collateral Agent executed by the lessor of such real property; provided that if in the case where such lease is a lease in existence on the Issue Date, any New Parent, the Parent, the Company an Issuer or the Domestic Subsidiary Guarantor that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the The Company and each of their its Domestic Restricted Subsidiaries shall execute and file deliver Mortgages with respect to any New Parent’s, the Parent’s, the Company’s and such Domestic Subsidiaries’ 's leasehold interests in the premises (the “"Leased Premises”") leased occupied by any New Parent, the Parent, the Company or such Domestic Subsidiary, as the case may be, Restricted Subsidiary pursuant to written leases that which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “"Leases” and, ," and individually, a “"Lease”"). (b) . Prior to or on the Issue Date or, if later, or the effective date of any Lease, any New Parent, the Parentas applicable, the Company and each such Domestic Subsidiary, as the case may be, Subsidiaries shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2), (3) and (4) of Section 4.24 hereof 4.22 above and in addition shall use their commercially respective reasonable commercial efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) . Each of any New Parent, the Parent, the Company and any each of its Domestic Subsidiary Restricted Subsidiaries that is a lessee of, or becomes a lessee of, real property, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver waiver, substantially in the form of the exhibit form thereof to be attached to the Indenture, executed by the lessor of such real property; provided that if in the case where such lease is a lease in existence on the Issue Date, any New Parent, the Parent, the Company or the its Domestic Restricted Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the The Company and each of their its Domestic Restricted Subsidiaries shall execute and file deliver Mortgages with respect to any New Parent’s, the Parent’s, the Company’s and such Domestic Subsidiaries’ leasehold interests in the premises (the “Leased Premises”) leased occupied by any New Parent, the Parent, the Company or such Domestic Subsidiary, as the case may be, Restricted Subsidiary pursuant to written leases that may be mortgaged by their terms or entered into after the terms of the landlord consents Issue Date (collectively, the “Leases,” and, and individually, a “Lease”). (b) Prior to or on the Issue Date or, if later, the effective date of any Lease, any New Parent, the Parent, the Company and each such Domestic Subsidiary, as the case may be, Subsidiaries shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2), ) and (3) and (4) of Section 4.24 hereof 4.17 and in addition shall use their commercially respective reasonable commercial efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) Each of any New Parent, the Parent, the Company and any each of its Domestic Subsidiary Restricted Subsidiaries that is a lessee of, or becomes a lessee of, real property, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver waiver, substantially in the form attached as Exhibit F-1 hereto, executed by the lessor of such real property; provided that if in the case where such lease is a lease in existence on the Issue Date, any New Parent, the Parent, the Company or the its Domestic Restricted Subsidiary that is the lessee thereunder shall have 90 be required to use such commercially reasonable efforts to deliver within ninety (90) days from the Issue Date to satisfy such requirementDate.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the The Company and each of their its Domestic Restricted Subsidiaries shall execute and file deliver Mortgages with respect to any New Parent’s, the Parent’s, the Company’s and such Domestic Subsidiaries’ leasehold interests in the premises (the “Leased Premises”) leased occupied by any New Parent, the Parent, the Company or such Domestic Subsidiary, as the case may be, Restricted Subsidiary pursuant to written leases that which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and, and individually, a “Lease”). (b) . Prior to or on the Issue Date or, if later, or the effective date of any Lease, any New Parent, the Parentas applicable, the Company and each such Domestic Subsidiary, as the case may be, Subsidiaries shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2), (3) and (4) of Section 4.24 hereof 4.22 above and in addition shall use their commercially respective reasonable commercial efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) . Each of any New Parent, the Parent, the Company and any each of its Domestic Subsidiary Restricted Subsidiaries that is a lessee of, or becomes a lessee of, real property, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver waiver, substantially in the form of the exhibit form thereof to be attached to the Indenture, executed by the lessor of such real property; provided that if in the case where such lease is a lease in existence on the Issue Date, any New Parent, the Parent, the Company or the its Domestic Restricted Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the Company The Issuer and each of their its Domestic Subsidiaries (other than any Unrestricted Subsidiary) shall execute and file use commercially reasonable efforts to deliver Mortgages with respect to any New Parent’s, the Parent’s, the CompanyIssuer’s and or such Domestic Subsidiaries’ Subsidiary’s leasehold interests in any premises material to the premises business taken as a whole (the “Leased Premises”) leased ), occupied by any New Parent, the Parent, the Company Issuer or such Domestic Subsidiary (other than any Unrestricted Subsidiary, as the case may be, ) pursuant to written leases that which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and, and individually, a “Lease”). (b) Prior in each case, using commercially reasonable efforts to or on comply with the foregoing by the Issue Date orbut, if laterin any event, no later than 90 days thereafter. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraph, the effective date of any Lease, any New Parent, Issuer or the Parent, the Company and each such Domestic Subsidiary, as the case may be, applicable Subsidiary shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2), (3) and (45) of Section 4.24 hereof 4.21 and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) Each . The Issuer and each of any New Parent, the Parent, the Company and any its Domestic Subsidiary Subsidiaries that is a lessee of, or becomes a lessee of, real propertyproperty material to the business, is, is and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver waiver, in the form reasonably acceptable to the Collateral Agent executed by the lessor of such real property; provided that if in the case where such lease is a lease in existence on the Issue Date, any New Parent, the Parent, the Company Issuer or the its Domestic Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the The Company and each of their Domestic Subsidiaries shall execute and file Mortgages with respect to any New Parent’sthe Guarantors shall, the Parent’s, the Company’s and such Domestic Subsidiaries’ leasehold interests in the premises case of any right, title and interest in any leasehold or other non-fee simple interest in any real property (other than any asset or interest that constitutes an Excluded Asset) acquired after the Issue Date (the “Leased Premises”) leased ), deliver Mortgages with respect to such Leased Premises occupied by any New Parent, the Parent, the Company or such Domestic Subsidiary, as the case may be, Guarantor pursuant to written leases that which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and, and individually, a “Lease”). (b) Prior no later than 90 days after the acquisition thereof. With respect to or on any leasehold Mortgage delivered pursuant to the Issue Date or, if later, the effective date of any Lease, any New Parent, the Parentimmediately preceding paragraph, the Company and each such Domestic Subsidiary, as or the case may be, applicable Guarantor shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2), (3) and (41)-(5) of Section 4.24 hereof 4.17 and in addition shall use their respective commercially reasonable efforts to obtain deliver to the Collateral Agent: (1) (A) a memorandum of lease in recordable form with respect to such leasehold interest, executed and acknowledged by the lessor of such leasehold interest, or (B) evidence that the applicable lease with respect to such leasehold interest or a memorandum thereof has been recorded in all places necessary, in the Collateral Agent’s reasonable judgment, to give constructive notice to third-party purchasers of such leasehold interest; (2) if required by the terms of the applicable Lease, an agreement executed by the lessor under the Lease, whereby the lessor consents to the Mortgage; and (3) if the lessor under the Lease is an Affiliate of the Company, an estoppel certificate executed by the lessor under the Lease, in a the form reasonably acceptable to the Collateral Agent, whereby such lessor consents to . For the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) Each avoidance of any New Parentdoubt, the Parent, failure to enter into such agreements after the Company and any Domestic Subsidiary that is a lessee of, or becomes a lessee of, real property, is, and will be, required to use of commercially reasonable efforts to deliver to the do so shall not constitute an Event of Default. The Collateral Agent a landlord waiver executed shall have no obligation to enter in such agreements and shall have the right to decline signing such agreements if, after being advised by the lessor of such real property; provided that if such lease is in existence on the Issue Date, any New Parentcounsel, the ParentTrustee determines in good faith that such action would expose the Trustee to liability or if doing so is consistent with its rights, the Company privileges, protections and immunities set forth in this Indenture or the Domestic Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirementSecurity Documents.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the The Company and each of their its Domestic Restricted Subsidiaries shall execute and file deliver Mortgages with respect to any New Parent’s, the Parent’s, the Company’s and such Domestic Subsidiaries’ leasehold interests in the premises (the “Leased Premises”) leased occupied by any New Parent, the Parent, the Company or such Domestic Subsidiary, as the case may be, Restricted Subsidiary pursuant to written leases that may be mortgaged by their terms entered into after the Issue Date, where the lease term is five years or longer and the terms total fixed rent payable in respect of the landlord consents lease exceeds $250,000 (collectively, the “Leases,” and, and individually, a “Lease”). (ba) Prior to or on the Issue Date or, if later, the effective date of any Lease, any New Parent, the Parent, the Company and each such Domestic Subsidiary, as the case may be, Subsidiaries shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2), ) and (3) and (4) of Section 4.24 hereof 4.17 above and in addition shall use their commercially respective reasonable commercial efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (cb) Each of any New Parent, the Parent, the Company and any each of its Domestic Subsidiary Restricted Subsidiaries that is a lessee of, or becomes a lessee of, real propertyproperty on or in which it will hold assets having an aggregate Fair Market Value in excess of $500,000, is, and will be, required to use commercially reasonable efforts (which shall not include the obligation to make any payments to the landlord (other than payments pursuant to the lease)) to deliver to the Collateral Agent a landlord waiver waiver, substantially in the form of Exhibit G, executed by the lessor of such real property; provided that if in the case where such lease is a lease in existence on the Issue Date, any New Parent, the Parent, the Company or the its Domestic Restricted Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the The Company and each of their Domestic Subsidiaries the Guarantor shall execute and file use commercially reasonable efforts to deliver Mortgages with respect to any New Parent’s, the Parent’s, the Company’s and such Domestic Subsidiaries’ leasehold interests in any premises constituting Oil and Gas Properties material to the premises business taken as a whole (except to the extent such leasehold interest would constitute Excluded Assets) (the “Leased Premises”) leased occupied by any New Parent, the Parent, the Company or such Domestic Subsidiary, as the case may be, Guarantor pursuant to written leases that which may be mortgaged by their terms or the terms of consent thereto by the landlord consents (collectively, the “Leases,” and, and individually, a “Lease”), in each case, using commercially reasonable efforts to comply with the foregoing by the Issue Date, but in any event, no later than 90 days thereafter. (b) Prior With respect to or on any leasehold Mortgage delivered pursuant to the Issue Date or, if later, the effective date of any Lease, any New Parent, the Parentimmediately preceding paragraph, the Company and each such Domestic Subsidiary, as or the case may be, applicable Guarantor shall provide to the Collateral Agent all of the items set forth described in clauses (2), (3b) and (4c) (in each case, if, and only if the Leased Premises are located in the United States) and (d) of Section 4.24 13.08 hereof and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) Each of any New Parent, the Parent, the The Company and any Domestic Subsidiary each Guarantor that is a lessee of, or becomes a lessee of, real propertyproperty material to the business (except to the extent such leasehold interest would constitute Excluded Assets), is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver under which the landlord (i) shall provide notice to Collateral Agent of termination of any lease with the Company or the Guarantor, (ii) shall waive or subordinate its landlord lien, and (iii) shall allow the Collateral Agent to have access to the leased premises in any enforcement action by the Collateral Agent, in the form reasonably acceptable to the Collateral Agent or its legal counsel, executed by the lessor of such real property; provided that if in the case where such lease Lease is a Lease in existence on the Issue Date, any New Parent, the Parent, the Company or the Domestic Subsidiary Guarantor that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the Company The Issuer and each of their its Domestic Subsidiaries (other than any Unrestricted Subsidiary) shall execute and file use commercially reasonable efforts to deliver Mortgages with respect to any New Parent’s, the Parent’s, the CompanyIssuer’s and or such Domestic Subsidiaries’ Subsidiary’s leasehold interests in any premises material to the premises business taken as a whole (the “Leased Premises”) leased ), occupied by any New Parent, the Parent, the Company Issuer or such Domestic Subsidiary (other than any Unrestricted Subsidiary, as the case may be, ) pursuant to written leases that which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and, and individually, a “Lease”). (b) Prior in each case, using commercially reasonable efforts to or on comply with the foregoing by the Issue Date orbut, if laterin any event, no later than 60 days thereafter. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraph, the effective date of any Lease, any New Parent, Issuer or the Parent, the Company and each such Domestic Subsidiary, as the case may be, applicable Subsidiary shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2), (3) and (45) of Section 4.24 hereof 4.21 and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) Each . The Issuer and each of any New Parent, the Parent, the Company and any its Domestic Subsidiary Subsidiaries that is a lessee of, or becomes a lessee of, real propertyproperty material to the business, is, is and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver waiver, in the form reasonably acceptable to the Collateral Agent executed by the lessor of such real property; provided that if in the case where such lease is a lease in existence on the Issue Date, any New Parent, the Parent, the Company Issuer or the its Domestic Subsidiary that is the lessee thereunder shall have 90 60 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. (a) Any New Parent, the Parent, the Company PES and each of their its Domestic Subsidiaries (other than any Unrestricted Subsidiary) shall execute and file use commercially reasonable efforts to deliver Mortgages with respect to any New Parent’s, the Parent’s, the CompanyPES’s and such Domestic Subsidiaries’ leasehold interests in any premises material to the premises business taken as a whole (the “Leased Premises”) leased (other than Excluded Real Property) occupied by any New Parent, the Parent, the Company PES or such Domestic Subsidiary (other than any Unrestricted Subsidiary, as the case may be, ) pursuant to written leases that which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and, and individually, a “Lease”). (b) Prior in each case using commercially reasonable efforts to or on comply with the foregoing by the Issue Date orbut, if laterin any event, no later than 90 days thereafter. With respect to any leasehold Mortgage delivered pursuant to the effective date of any Leaseimmediately preceding paragraph, any New Parent, PES or the Parent, the Company and each such Domestic Subsidiary, as the case may be, applicable Subsidiary shall provide to the Collateral Agent Trustee all of the items set forth described in clauses (2Section 4.21(2), (34.21(3) and (44.21(4) of Section 4.24 hereof above and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, in a form reasonably acceptable to whereby the Collateral Agent, whereby such lessor consents to the Mortgage and waives or subordinates its landlord Lien (whether granted by the instrument creating the leasehold estate or by applicable law), if any, and which shall be entered into by the Collateral Agent. (c) , subject to its reasonable satisfaction of the form thereof. Each of any New Parent, the Parent, the Company PES and any each of its Domestic Subsidiary Subsidiaries that is a lessee of, or becomes a lessee of, real propertyproperty (other than Excluded Real Property) material to the business, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver waiver, in the form reasonably acceptable to the Collateral Agent executed by the lessor of such real propertyproperty (other than Excluded Real Property); provided provided, that if in the case where such lease is a lease in existence on the Issue Date, any New Parent, the Parent, the Company PES or the its Domestic Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.