Common use of Most Favored Lender Clause in Contracts

Most Favored Lender. Each Borrower covenants that if, on any date, it enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrower, that contains, or amends any such agreement to contain, one or more Additional Covenants or Additional Defaults, then on such date the terms of this Agreement shall, without any further action on the part of any Borrower or the Lender, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the Lender) an amendment to this Agreement in form and substance satisfactory to the Lender evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.14, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. Each Borrower covenants that if, on any date, it or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrowerone or more of any Borrower and its Subsidiaries, that contains, or amends any such agreement to contain, one or more Additional Covenants or Additional Defaults, then on such date the terms of this Agreement shall, without any further action on the part of any Borrower or the Lender, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the Lender) an amendment to this Agreement in form and substance satisfactory to the Lender evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.14, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. Each Borrower The Loan Parties covenants that if, on any date, it any Loan Party or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under the Senior Notes (2017) or any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrower, related agreements that containscontain, or amends any such the agreement with respect to containthe Senior Notes (2017) to contain or amend, one or more Additional Covenants additional affirmative covenants or Additional Defaultsadditional negative covenants, or the definition related thereto, or any additional or amended events of default, then on such date the terms of this Agreement shall, without any further action on the part of any Borrower the Loan Parties, the Administrative Agent or the LenderLenders, be deemed to be amended automatically to include each Additional Covenant additional covenant and each Additional Default event of default contained in such agreement, and the Loan Parties shall provide prompt written notice thereof to the Administrative Agent and the Lenders of such event. Each Borrower The Loan Parties further covenants covenant, upon the written request of the Required Lenders, to promptly execute and deliver at its the Borrower’s expense (including the reasonable fees and expenses of counsel for the LenderAdministrative Agent) an amendment to this Agreement in form and substance satisfactory to the Lender Required Lenders evidencing the amendment of this Agreement to include such Additional Covenants additional covenants and Additional Defaultsadditional events of default, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.148.2.16 [Most Favored Lender], but shall merely be for the convenience of the parties hereto.; provided that, upon the subsequent elimination of such additional covenant or additional

Most Favored Lender. Each The Borrower covenants that if, on any date, it or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Loan Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrowerone or more of the Borrower and its Subsidiaries, that contains, or amends any such agreement to contain, one or more Additional Covenants or Additional Defaults, then on such date the terms of this Loan Agreement shall, without any further action on the part of any the Borrower or the LenderM&I, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each The Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the LenderM&I) an amendment QBMKE\5874878.4 to this Agreement in form and substance satisfactory to the Lender M&I evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.145.14, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. Each Borrower covenants that if, on any date, it or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Loan Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrowerone or more of the Borrower and its Subsidiaries, that contains, or amends any such agreement to contain, one or more Additional Covenants or Additional Defaults, then on such date the terms of this Loan Agreement shall, without any further action on the part of any the Borrower or the LenderM&I, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the LenderM&I) an amendment to this Agreement in form and substance satisfactory to the Lender M&I evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.145.14, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. Each (a) If the Borrower covenants that if, on or any date, it Subsidiary enters into, assumes or otherwise becomes bound or obligated under any agreement evidencing, securing, guaranteeing creating or otherwise relating to any evidencing Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess for borrowed money of $1,000,0005,000,000 or more, or obligations in excess any amendment, supplement or other modification of $1,000,000 in respect of one or more Swap Agreements, of any Borrower, that contains, or amends any such agreement to contain, containing one or more Additional Covenants or Additional Defaults, then on such date the terms of this Agreement shall, without any further action on the part of any the Borrower or any of the LenderLenders, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement; provided, that, to the extent this Agreement is so amended pursuant to the terms of this Section 5.16 and the applicable Indebtedness is subsequently repaid in full and all commitments thereunder are terminated, the corresponding amendments to this Agreement resulting from such Indebtedness shall be deemed to be rescinded and of no further force and effect. Each The Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the LenderAdministrative Agent) an amendment to this Agreement in form and substance satisfactory to the Lender Required Lenders evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.145.16, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. Each Borrower covenants that if, on any date, it enters Enter into, assumes assume or otherwise becomes be bound or obligated under any agreement evidencing, securing, guaranteeing creating or otherwise relating to any evidencing Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrower, that contains, or amends any such agreement to contain, 500,000 containing one or more Additional Covenants or Additional Defaults, then on without the prior written consent of the Required Lenders; provided, however, in the event the Borrower or any other Covered Person shall enter into, assume or otherwise become bound by or obligated under any such date agreement without the prior written consent of the Required Lenders, the terms of this Agreement shall, without any further action on the part of the Borrower and each other Covered Person or any Borrower Lender or the LenderAdministrative Agent, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each Borrower further covenants to promptly execute and deliver at its expense (including including, without limitation, the reasonable fees and expenses of counsel for the LenderAdministrative Agent) an amendment to this Agreement in form and substance satisfactory to the Lender Required Lenders evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.14Section, but shall merely be for the convenience of the parties hereto. Notwithstanding the foregoing, the Term Indebtedness Documents as they exist on the Effective Date are not implicated by this Section.

Most Favored Lender. Each Borrower covenants that ifIf, on any date, it enters any Issuer or any its Subsidiaries shall (i) enter into, assumes assume or otherwise becomes become bound by or obligated under any agreement evidencing, securing, guaranteeing or otherwise relating to any Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of Primary Debt Facility which contains one or more Swap Agreements, of any Borrower, that containsAdditional Covenants or Additional Defaults, or amends (ii) amend any such agreement Primary Debt Facility to contain, include one or more Additional Covenants or Additional Defaults, then on concurrently therewith (a) such date Issuer will notify the holders of the Notes thereof, and (b) whether or not such Issuer provides such notice, the terms of this Agreement shall, without any further action on the part of any Borrower Issuer or any holder of the LenderNotes, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreementthis Agreement. Each Borrower Issuer further covenants to promptly execute and deliver at its expense (including including, without limitation, the reasonable fees and expenses of counsel for the Lenderholders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Lender Required Holder(s) evidencing the amendment of this Agreement to include such Additional Covenants and Additional DefaultsDefaults in this Agreement, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.14paragraph 6P, but shall merely be for the convenience of the parties hereto.

Most Favored Lender. Each Borrower covenants that if, on any date, it enters Enter into, assumes assume or otherwise becomes be bound or obligated under any agreement evidencing, securing, guaranteeing creating or otherwise relating to any evidencing Indebtedness (other than the Indebtedness evidenced by this Agreement) in excess of $1,000,000, or obligations in excess of $1,000,000 in respect of one or more Swap Agreements, of any Borrower, that contains, or amends any such agreement to contain, 500,000 containing one or more Additional Covenants or Additional Defaults, then on without the prior written consent of the Required Lenders; provided, however, in the event the Borrower or any other Covered Person shall enter into, assume or otherwise become bound by or obligated under any such date agreement without the prior written consent of the Required Lenders, the terms of this Agreement shall, without any further action on the part of the Borrower and each other Covered Person or any Borrower Lender or the LenderAdministrative Agent, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. Each Borrower The Company further covenants to promptly execute and deliver at its expense (including including, without limitation, the reasonable fees and expenses of counsel for the LenderAdministrative Agent) an amendment to this Agreement in form and substance satisfactory to the Lender Required Lenders evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 7.14Section, but shall merely be for the convenience of the parties hereto. Notwithstanding the foregoing, the Term Indebtedness Documents as they exist on the Effective Date are not implicated by this Section.