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

Leasehold Mortgages and Filings; Landlord Waivers. The Issuers and the Guarantors shall use commercially reasonable efforts to deliver Mortgages with respect to the Issuers’ leasehold interests in any premises material to the business taken as a whole (except to the extent such leasehold interest would constitute Excluded Assets) (the “Leased Premises”) occupied by an Issuer or such Guarantor pursuant to leases which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” 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. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraph, the Issuers or the applicable Guarantor shall provide to the Trustee all of the items described in clauses (2), (3) and (4) of Section 4.21 and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, whereby the 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. The Issuers and each of the Guarantors that is a lessee of, or becomes a lessee of, real property 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, in the form reasonably acceptable to the Collateral Agent executed by the lessor of such real property; provided that in the case where such lease is a lease in existence on the Issue Date, an Issuer or the Guarantor that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.

Leasehold Mortgages and Filings; Landlord Waivers. The Issuers Issuer and the Guarantors each of its Domestic Subsidiaries (other than any Unrestricted Subsidiary) shall use commercially reasonable efforts to deliver Mortgages with respect to the Issuers’ Issuer’s or such Domestic Subsidiary’s leasehold interests in any premises material to the business taken as a whole (except to the extent such leasehold interest would constitute Excluded Assets) (the “Leased Premises”) ), occupied by an the Issuer or such Guarantor Domestic Subsidiary (other than any Unrestricted Subsidiary) pursuant to leases which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and individually, a “Lease”), ) in each case, using commercially reasonable efforts to comply with the foregoing by the Issue DateDate but, but in any event, no later than 90 days thereafter. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraph, the Issuers Issuer or the applicable Guarantor Subsidiary shall provide to the Trustee all of the items described in clauses (2), (3) and (45) of Section 4.21 and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, whereby the 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. The Issuers Issuer and each of the Guarantors its Domestic Subsidiaries that is a lessee of, or becomes a lessee of, real property material to the business (except to the extent such leasehold interest would constitute Excluded Assets)business, is, is and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver, in the form reasonably acceptable to the Collateral Agent executed by the lessor of such real property; provided that in the case where such lease is a lease in existence on the Issue Date, an the Issuer or the Guarantor 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. The Issuers Company and the Guarantors each of its Domestic Restricted Subsidiaries shall use commercially reasonable efforts to deliver Mortgages with respect to the Issuers’ Company's leasehold interests in any the premises material to the business taken as a whole (except to the extent such leasehold interest would constitute Excluded Assets) (the “"Leased Premises”") occupied by an Issuer the Company or such Guarantor Domestic Restricted Subsidiary pursuant to leases which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “"Leases,” " and individually, a “"Lease”"). Prior to Issue Date or the effective date of any 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. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraphas applicable, the Issuers or the applicable Guarantor Company and such Subsidiaries shall provide to the Trustee all of the items described in clauses (2), (3) and (4) of Section 4.21 4.22 above and in addition shall use their respective commercially reasonable commercial efforts to obtain an agreement executed by the lessor under the Lease, whereby the 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. The Issuers Each of the Company and each of the Guarantors its Domestic Restricted Subsidiaries that is a lessee of, or becomes a lessee of, real property material to the business (except to the extent such leasehold interest would constitute Excluded Assets)property, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver, substantially in the form reasonably acceptable of the exhibit form thereof to be attached to the Collateral Agent Indenture, executed by the lessor of such real property; provided that in the case where such lease is a lease in existence on the Issue Date, an Issuer the Company or the Guarantor 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. The Issuers Issuer and the Guarantors each of its Domestic Subsidiaries (other than any Unrestricted Subsidiary) shall use commercially reasonable efforts to deliver Mortgages with respect to the Issuers’ Issuer’s or such Domestic Subsidiary’s leasehold interests in any premises material to the business taken as a whole (except to the extent such leasehold interest would constitute Excluded Assets) (the “Leased Premises”) ), occupied by an the Issuer or such Guarantor Domestic Subsidiary (other than any Unrestricted Subsidiary) pursuant to leases which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and individually, a “Lease”), ) in each case, using commercially reasonable efforts to comply with the foregoing by the Issue DateDate but, but in any event, no later than 90 60 days thereafter. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraph, the Issuers Issuer or the applicable Guarantor Subsidiary shall provide to the Trustee all of the items described in clauses (2), (3) and (45) of Section 4.21 and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, whereby the 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. The Issuers Issuer and each of the Guarantors its Domestic Subsidiaries that is a lessee of, or becomes a lessee of, real property material to the business (except to the extent such leasehold interest would constitute Excluded Assets)business, is, is and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver, in the form reasonably acceptable to the Collateral Agent executed by the lessor of such real property; provided that in the case where such lease is a lease in existence on the Issue Date, an the Issuer or the Guarantor 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. The Issuers PES and the Guarantors each of its Domestic Subsidiaries (other than any Unrestricted Subsidiary) shall use commercially reasonable efforts to deliver Mortgages with respect to the Issuers’ PES’s leasehold interests in any premises material to the business taken as a whole (except to the extent such leasehold interest would constitute Excluded Assets) (the “Leased Premises”) (other than Excluded Real Property) occupied by an Issuer PES or such Guarantor Domestic Subsidiary (other than any Unrestricted Subsidiary) pursuant to leases which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and individually, a “Lease”), ) in each case, case using commercially reasonable efforts to comply with the foregoing by the Issue DateDate but, but in any event, no later than 90 days thereafter. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraph, the Issuers PES or the applicable Guarantor Subsidiary shall provide to the Trustee all of the items described in clauses (2Section 4.21(2), (34.21(3) and (44.21(4) of Section 4.21 above and in addition shall use their respective commercially reasonable efforts to obtain an agreement executed by the lessor under the Lease, whereby the 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, subject to its reasonable satisfaction of the form thereof. The Issuers Each of PES and each of the Guarantors its Domestic Subsidiaries that is a lessee of, or becomes a lessee of, real property (other than Excluded Real Property) material to the business (except to the extent such leasehold interest would constitute Excluded Assets)business, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord 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 in the case where such lease is a lease in existence on the Issue Date, an Issuer PES or the Guarantor 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. The Issuers Company and the Guarantors each of its Domestic Restricted Subsidiaries shall use commercially reasonable efforts to deliver Mortgages with respect to the Issuers’ Company’s leasehold interests in any the premises material to the business taken as a whole (except to the extent such leasehold interest would constitute Excluded Assets) (the “Leased Premises”) occupied by an Issuer the Company or such Guarantor Domestic Restricted Subsidiary pursuant to leases which may be mortgaged by their terms or the terms of the landlord consents (collectively, the “Leases,” and individually, a “Lease”). Prior to Issue Date or the effective date of any 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. With respect to any leasehold Mortgage delivered pursuant to the immediately preceding paragraphas applicable, the Issuers or the applicable Guarantor Company and such Subsidiaries shall provide to the Trustee all of the items described in clauses (2), (3) and (4) of Section 4.21 4.22 above and in addition shall use their respective commercially reasonable commercial efforts to obtain an agreement executed by the lessor under the Lease, whereby the 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. The Issuers Each of the Company and each of the Guarantors its Domestic Restricted Subsidiaries that is a lessee of, or becomes a lessee of, real property material to the business (except to the extent such leasehold interest would constitute Excluded Assets)property, is, and will be, required to use commercially reasonable efforts to deliver to the Collateral Agent a landlord waiver, substantially in the form reasonably acceptable of the exhibit form thereof to be attached to the Collateral Agent Indenture, executed by the lessor of such real property; provided that in the case where such lease is a lease in existence on the Issue Date, an Issuer the Company or the Guarantor its Domestic Restricted Subsidiary that is the lessee thereunder shall have 90 days from the Issue Date to satisfy such requirement.