Common use of Nature of First Lien Obligations Clause in Contracts

Nature of First Lien Obligations. The Second Lien Administrative Agent, for itself and on behalf of the other Second Lien Claimholders, acknowledges that (a) a portion of the First Lien Obligations are revolving in nature, (b) subject to succeeding clause (d), the amount of such revolving First Lien Obligations that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, (c) the terms of the First Lien Obligations may be modified, extended or amended from time to time, and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3, the aggregate amount of the First Lien Obligations may be increased or Refinanced, in either event, without notice to or consent by the Second Lien Claimholders and without affecting the provisions hereof. Subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3. the lien priorities provided in Sections 2.1 and 2.2 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing of either the First Lien Obligations or the Second Lien Obligations, or any portion thereof. CHARl\1175377v2

Nature of First Lien Obligations. The Second Lien Administrative Agent, for itself and on behalf of the other Second Lien ClaimholdersSecured Parties, acknowledges that that, subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3, (a) a portion of the First Lien Obligations are revolving in nature, (b) subject to succeeding clause (d), the amount of such revolving First Lien Obligations that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, (c) the terms of the First Lien Obligations may be modified, extended or amended from time to time, time and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3, ) the aggregate amount of the First Lien Obligations may be increased or RefinancedRefinanced (in accordance with the terms hereof and the First Lien Loan Documents), in either event, without notice to or consent by the Second Lien Claimholders Secured Parties and without affecting the provisions hereof. Subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3. , the lien priorities provided in Sections 2.1 and 2.2 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing of either the First Lien Obligations or the Second Lien Obligations, or any portion thereof. CHARl\1175377v2.

Nature of First Lien Obligations. The Second Lien Administrative Agent, for itself and on behalf of the other Second Lien Claimholders, acknowledges that (a) a portion of the First Lien Obligations are revolving in nature, (b) subject to succeeding clause (d), the amount of such revolving First Lien Obligations thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowedreborrowed subject to the limitations set forth in this Agreement, (c) the terms of the First Lien Obligations may be modified, extended or amended from time to timetime subject to the limitations set forth in this Agreement, and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and or in Section 5.3, the aggregate amount of the First Lien Obligations may be increased or Refinanced, in either event, without notice to or consent by the Second Lien Claimholders and without affecting the provisions hereof. Subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3. the The lien priorities provided in Sections 2.1 and 2.2 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing of either the First Lien Obligations or the Second Lien Obligations, or any portion thereof. CHARl\1175377v2thereof to the extent made in compliance with the terms of this Agreement.

Nature of First Lien Obligations. The Each Second Lien Administrative Collateral Agent, for itself and on behalf of the other itself and each Second Lien ClaimholdersClaimholder represented by it, acknowledges that (ai) a portion of the First Lien Obligations are is revolving in nature, (b) subject to succeeding clause (d), nature and that the amount of such revolving First Lien Obligations thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowedre-borrowed, (cii) the terms of the First Lien Loan Documents and the First Lien Obligations may be modifiedamended, extended supplemented or amended from time to time, otherwise modified and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3, iii) the aggregate amount of the First Lien Obligations may be increased or Refinancedincreased, in either eventeach case, without notice to or consent by the Second Lien Collateral Agents or the Second Lien Claimholders and without affecting the provisions hereof. Subject to the limitations on the aggregate principal amount of First The Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3. the lien priorities provided for in Sections Section 2.1 and 2.2 shall not be altered or otherwise affected by any such amendment, supplement or other modification, supplementor any Refinancing, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing of either the First Lien Obligations or the Second Lien Obligations, or any portion thereof. CHARl\1175377v2As between the Company and the other Grantors and the Second Lien Claimholders, the foregoing provisions will not limit or otherwise affect the obligations of the Company and the Grantors contained in any Second Lien Loan Document with respect to the incurrence of additional First Lien Obligations. Refinancing of First Lien Obligations may be effectuated in accordance with this Agreement and any such Refinancing into Indebtedness that constitutes First Lien Obligations shall have the benefit of this Agreement.

Nature of First Lien Obligations. The Second Second-Lien Administrative Collateral Agent, for itself and on behalf of the other Second Second-Lien ClaimholdersCreditors, acknowledges that (a) a portion of the First Lien Obligations are revolving in nature, (b) subject to succeeding clause (d), the amount of such revolving First First-Lien Obligations that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, (c) the terms of the First First-Lien Obligations may be modified, extended or amended from time to time, and (d), subject to the limitations on the aggregate principal amount of First First-Lien Obligations set forth in the definition of “First "First-Lien Obligations” and Section 5.3", the aggregate amount of the First Obligations owing to the First-Lien Obligations Creditors may be increased or Refinanced, in either event, without notice to or consent by the Second Second-Lien Claimholders Creditors and without affecting the provisions hereof. Subject to the limitations on the aggregate principal amount of First certain First-Lien Obligations set forth in the definition of “First "First-Lien Obligations” and Section 5.3. ", the lien priorities provided in Sections 2.1 and 2.2 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing of either the First First-Lien Obligations or the Second Second-Lien Obligations, or any portion thereof. CHARl\1175377v2.

Nature of First Lien Obligations. The Subject to Section 5.3 hereof, the Second Lien Administrative Collateral Agent, for itself and on behalf of the other Second Lien Claimholders, acknowledges that (a) a portion of the First Lien Obligations are revolving in nature, (b) subject to succeeding clause (d), the amount of such revolving First Lien Obligations that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowedre-borrowed, (c) the terms of the First Lien Obligations may be modified, extended or amended from time to time, and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3, ) the aggregate amount of the First Lien Obligations may be increased or RefinancedRefinanced (to the extent permitted under the Second Lien Indenture), in either event, without notice to or consent by the Second Lien Claimholders and without affecting the provisions hereof. Subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3. , the lien priorities provided in Sections 2.1 and 2.2 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing of either the First Lien Obligations or the Second Lien Obligations, or any portion thereof. CHARl\1175377v2.

Nature of First Lien Obligations. The Second Second-Lien Administrative Collateral Agent, for itself and on behalf of the other Second Second-Lien ClaimholdersCreditors, acknowledges that (a) a portion of the First First-Lien Obligations are revolving in nature, (b) subject to succeeding clause (d), the amount of such revolving First First-Lien Obligations that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, (c) the terms of the First First-Lien Obligations may be modified, extended or amended from time to time, and (d), subject to the limitations on the aggregate principal amount of First First-Lien Obligations set forth in the definition of “First First-Lien Obligations” and Section 5.3”, the aggregate amount of the First Obligations owing to the First-Lien Obligations Creditors may be increased or Refinanced, in either event, without notice to or consent by the Second Second-Lien Claimholders Creditors and without affecting the provisions hereof. Subject to the limitations on the aggregate principal amount of First certain First-Lien Obligations set forth in the definition of “First First-Lien Obligations” and Section 5.3. ”, the lien priorities provided in Sections 2.1 and 2.2 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing of either the First First-Lien Obligations or the Second Second-Lien Obligations, or any portion thereof. CHARl\1175377v2.

Nature of First Lien Obligations. The Second Lien Administrative Agent, for itself and Representative on behalf of itself and the other Second Lien Claimholders, Secured Parties acknowledges that (a) a portion of the First Lien Obligations are revolving in nature, (b) subject to succeeding clause (d), nature and that the amount of such revolving First Lien Obligations thereof that may be outstanding at any time or from time to time may be increased or reduced and subsequently reborrowed, (c) and that the terms of the First Lien Obligations may be modified, extended or amended from time to time, and (d), subject to the limitations on the aggregate principal amount of First Lien Obligations set forth in the definition of “First Lien Obligations” and Section 5.3, that the aggregate amount of the First Lien Obligations may be increased, replaced or refinanced (including replacement or refinancing of such increased amounts and including under the same or Refinanceddifferent documents and with the same or different lenders and/or representatives, all of which shall be deemed to be the Existing First Lien Credit Agreement wherever such term is used herein), in either each event, without notice to or consent by the Second Lien Claimholders Secured Parties and without affecting the provisions hereof. Subject hereof (subject, in each case, to the limitations on the aggregate principal amount of First Lien Obligations provisions set forth in Section 9.01 of the definition of “Existing First Lien Obligations” and Section 5.3Credit Agreement). the The lien priorities provided in Sections 2.1 and 2.2 Section 2.01 shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, repayment, reborrowing, increase, replacement, renewal, restatement or Refinancing refinancing of either the First Lien Obligations or the Second Lien Obligations, or any portion thereof. CHARl\1175377v2.