Common use of Notice of Commercial Tort Claims Clause in Contracts

Notice of Commercial Tort Claims. It agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claim, (ii) Section 5.1 shall apply to such Commercial Tort Claim, and (iii) it shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Secured Parties, a perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 delivered pursuant to this 4)i) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claim, (ii) Section 5.1 6.1 shall apply to such Commercial Tort Claim, Claim and (iii) it shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Secured Parties, a perfected security interest having at least the priority set forth in Section 3.5 3)e) in all such Commercial Tort Claims. Any supplement to Schedule 1 delivered pursuant to this 4)i) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (ia) it shall promptly following shall, within five Business Days of such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific reasonable description of such Commercial Tort Claim, (iib) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iiic) it shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.10 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim in excess of $1,000,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, within thirty (30) after such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.8 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence)) in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) in excess of $5,000,000, (ia) it shall promptly following shall, within five Business Days of such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific reasonable description of such Commercial Tort Claim, (iib) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iiic) it shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.10 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt. PLEDGE AND SECURITY AGREEMENT KNOLOGY, INC.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim with a value in excess of $500,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall such Grantor shall, promptly following upon such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 5 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 5 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.10 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 5 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence)) in excess of $2,500,000, (i) it shall such Grantor shall, promptly following upon such acquisition, deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Term Loan Secured Parties, a first-priority, perfected security interest having at least in all such Commercial Tort Claims, and on behalf of the priority set forth in Section 3.5 Multi-Currency Secured Parties and the Noteholder Secured Parties, a second-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.11 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim commercial tort claim having a value predicted of $250,000 or more (as reasonably determined by a Responsible Officer of Borrower in good faith and based upon reasonable assumptions), whether from another Person or because such Commercial Tort Claim commercial tort claim shall have come into existence), (i) it shall such Grantor shall, promptly following (and in any event, within five (5) Business Days) upon such acquisition, deliver to the Collateral AgentLender, in each case case, in form and substance reasonably satisfactory to the Collateral AgentLender, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 of the Disclosure Letter containing a specific description of such Commercial Tort Claimcommercial tort claim, (ii) Section 5.1 3.1 shall apply to such Commercial Tort Claim, commercial tort claim and (iii) it such Grantor shall execute and deliver to the Collateral AgentLender, in each case case, in form and substance reasonably satisfactory to the Collateral AgentLender, any document, and take all other action, deemed by the Collateral Agent Lender to be reasonably necessary or appropriate for the Collateral Agent Lender to obtain, on behalf of the Secured Parties, obtain a perfected security interest having at least the priority set forth in Section 3.5 4.2 in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 of the Disclosure Letter delivered pursuant to this 4)i) Section 5.7 shall, after the receipt thereof by the Collateral AgentLender, become part of Schedule 1 of the Disclosure Letter for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence)) in excess of $2,500,000, (i) it shall such Grantor shall, promptly following upon such acquisition, deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Term Loan Secured Parties, a first-priority, perfected security interest having at least in all such Commercial Tort Claims, and on behalf of the priority set forth in Section 3.5 Multi-Currency Secured Parties, a second-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.11 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire during any fiscal year any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence)) with a good faith estimated value in excess of $5,000,000, at the time that the Borrower Agent delivers a Compliance Certificate to the Administrative Agent pursuant to Section 5.01(c) of the Credit Agreement for such fiscal year, (i) it such Grantor shall promptly following such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, Administrative Agent a sufficiently detailed notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 12 to the Perfection Certificate containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral AgentAdministrative Agent any certificate, in each case in form agreement and substance reasonably satisfactory to the Collateral Agent, any other document, and take all other action, deemed by the Collateral Agent to be action reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 12 to the Perfection Certificate delivered pursuant to this 4)iSection 4.8 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 12 to the Perfection Certificate for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim with a reasonable expectation of recovery of at least $1,000,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 6 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Revolving Credit Secured Parties, a first-priority, perfected security interest having at least in all such Commercial Tort Claims, and on behalf of the priority set forth in Section 3.5 Term Loan Secured Parties, a second-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 1 6 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.10 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 6 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim with a reasonable expectation of recovery of at least $500,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 6 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured Parties, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 6 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.10 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 6 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire or have any interest commercial tort claim with requested damages in any Commercial Tort Claim (whether from another Person excess of $2,000,000 individually or because such Commercial Tort Claim shall have come into existence)$4,000,000 in the aggregate, (i) it shall such Grantor shall, promptly following such acquisition(but in any event no later than the next date for delivery of financial statements under Section 4.03 of the First Lien Indenture), deliver to the Collateral AgentTrustee, in each case in form and substance satisfactory to the Collateral AgentTrustee, a notice of the existence and nature of such Commercial Tort Claim commercial tort claims and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claims, (ii) Section 5.1 3.1 shall apply to such Commercial Tort Claim, commercial tort claims and (iii) it such Grantor shall execute and deliver to the Collateral AgentTrustee, in each case in form and substance reasonably satisfactory to the Collateral AgentTrustee, any document, and take all other action, deemed by the Collateral Agent Trustee to be reasonably necessary or appropriate for the Collateral Agent Trustee to obtain, on behalf of the Secured Parties, a perfected security interest having at least the priority set forth in Section 3.5 4.2 in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this 4)i) Section 5.8 shall, after the receipt thereof by the Collateral AgentTrustee, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.. Article XI

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 13.1 (Grant of Security Interest in Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority (subject to Permitted Encumbrances), perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 15.11 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim (and the Grantor authorizes the Collateral Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Senior Secured Parties, a first priority, perfected security interest having at least in all such Commercial Tort Claims, and on behalf of the priority set forth in Section 3.5 Junior Secured Parties, a second-priority, perfected security interest in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.12 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, shall become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect than, absent a written consent of the Collateral Agent, for purpose of the representations and warranties made prior to the date of such receiptset forth in Section 3.9 (Commercial Tort Claims).

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim with a reasonable expectation of recovery of at least $1,000,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 6 containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Secured Parties, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 6 delivered pursuant to this 4)iSection 4.10 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 6 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire during any fiscal year any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence)) with a good faith estimated value in excess of $5,000,000, at the time that the Borrower delivers a Compliance Certificate to the Administrative Agent pursuant to Section 5.01(c) of the Credit Agreement for such fiscal year, (i) it such Grantor shall promptly following such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, Administrative Agent a sufficiently detailed notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 [_] to the Perfection Certificate containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral AgentAdministrative Agent any certificate, in each case in form agreement and substance reasonably satisfactory to the Collateral Agent, any other document, and take all other action, deemed by the Collateral Agent to be action reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 [_] to the Perfection Certificate delivered pursuant to this 4)iSection 4.8 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 [_] to the Perfection Certificate for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2 (Grant of Security Interests) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Secured PartiesNoteholders, a a, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.12 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 7(Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim commercial tort claim in excess of $100,000 for which the applicable Grantor has elected to prosecute the underlying claim (whether from another Person or because such Commercial Tort Claim commercial tort claim shall have come into existence), (i) it shall such Grantor shall, promptly following upon such acquisition, deliver to the Collateral AgentPurchaser, in each case in form and substance reasonably satisfactory to the Collateral AgentPurchaser by no later than thirty (30) Business Days (or such longer period as the Purchaser may permit in its sole discretion) after which such commercial tort claim was acquired, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (ii) Section 5.1 3.1 shall apply to such Commercial Tort Claim, commercial tort claim and (iii) it such Grantor shall execute and deliver to the Collateral AgentPurchaser, in each case in form and substance reasonably satisfactory to the Collateral AgentPurchaser, any document, and take all other action, deemed by the Collateral Agent Purchaser to be reasonably necessary or appropriate for the Collateral Agent Purchaser to obtain, on behalf of the Secured Parties, obtain a perfected security interest having at least the priority set forth in Section 3.5 4.2 in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this 4)i) Section 5.8 shall, after the receipt thereof by the Collateral AgentPurchaser, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim commercial tort claim (whether from another Person or because such Commercial Tort Claim commercial tort claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Second Lien Collateral Agent, in each case in form and substance satisfactory to the Second Lien Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim, (ii) Section 5.1 3.1 shall apply to such Commercial Tort Claim, commercial tort claim and (iii) it such Grantor shall execute and deliver to the Second Lien Collateral Agent, in each case in form and substance reasonably satisfactory to the Second Lien Collateral Agent, any document, and take all other action, deemed by the Second Lien Collateral Agent to be reasonably necessary or appropriate for the Second Lien Collateral Agent to obtain, on behalf of the Secured PartiesLenders, a perfected security interest having at least the priority set forth in Section 3.5 4.2 in all such Commercial Tort Claimscommercial tort claims. Any supplement to Schedule 1 delivered pursuant to this 4)i) Section 5.9 shall, after the receipt thereof by the Second Lien Collateral Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim in excess of $1,000,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, subject to the Intercreditor Agreement, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.9 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim reasonably expected to result, individually, in a settlement in excess of $500,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.9 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence)) as to which Grantor believes in good faith there exists the likely probability of recovery (including by way of settlement) of monetary relief in excess of $1,000,000, (i) it shall promptly following such acquisitionGrantor shall, subject to Section 6.14 (New Subsidiaries and Pledges) and in any event not later than 5 Business Days after the end of each fiscal quarter of the Borrower, deliver to the Collateral Administrative Agent, in each case in form and substance satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provisions of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf for the benefit of the Secured Parties, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.9 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), in an amount in excess of $1,000,000, (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.11 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt. No Grantor shall be deemed to hold or to have acquired any Commercial Tort Claim unless and until such Grantor shall have filed such Commercial Tort Claim in a court or tribunal having jurisdiction over such Commercial Tort Claim.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim commercial tort claim with a value reasonably expected to exceed $1,000,000 (whether from another Person or because such Commercial Tort Claim commercial tort claim shall have come into existence)) for which a claim has been filed in a court of competent jurisdiction, (i) it shall promptly following such acquisitionGrantor shall, upon obtaining knowledge of such acquisition or existence, deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral AgentAgent and within the time period required for taking actions in respect of after-acquired property under Section 6.12 of the Credit Agreement, a notice of the existence and nature of such Commercial Tort Claim commercial tort claim and a supplement to Schedule 1 containing a specific description of such Commercial Tort Claimcommercial tort claim that is sufficient to identify it for the purposes of granting a Lien under Article 9 of the UCC, (ii) Section 5.1 2.1 shall apply to such Commercial Tort Claim, commercial tort claim and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf for the benefit of the Secured Parties, a perfected security interest having at least the priority set forth in Section 3.5 3.2 in all such Commercial Tort Claimscommercial tort claims, but subject in any event to the limitations described in Section 4.1(b). Any supplement to Schedule 1 delivered pursuant to this 4)i) Section 4.6 shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim with a reasonable expectation of recovery of at least $1,000,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 6 containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Secured Parties, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 6 delivered pursuant to this 4)iSection 4.10 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 6 for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim in excess of $250,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.9 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Administrative Agent, become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Administrative Agent, in each case in form and substance satisfactory to the Collateral Administrative Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 7 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, certified by such Grantor as true, correct and complete, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim (and the Grantor authorizes the Administrative Agent to supplement such schedule with a description of such Commercial Tort Claim if such Grantor fails to deliver the supplement described in clause (i)) and (iii) it such Grantor shall execute and deliver to the Collateral Administrative Agent, in each case in form and substance reasonably satisfactory to the Collateral Administrative Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Administrative Agent to be reasonably necessary or appropriate for the Collateral Administrative Agent to obtain, on behalf of the Secured PartiesLenders, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 7 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.12 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, shall become part of Schedule 1 7 (Commercial Tort Claims) for all purposes hereunder other than in respect than, absent a written consent of the Administrative Agent, for purpose of the representations and warranties made prior to the date of such receiptset forth in Section 3.9 (Commercial Tort Claims).

Notice of Commercial Tort Claims. It Such Grantor agrees that, if it shall acquire any interest in any Commercial Tort Claim with a reasonable expectation of recovery of at least $1,000,000 (whether from another Person or because such Commercial Tort Claim shall have come into existence), (i) it shall promptly following such Grantor shall, immediately upon such acquisition, deliver to the Collateral Agent, in each case in form and substance satisfactory to the Collateral Agent, a notice of the existence and nature of such Commercial Tort Claim and deliver a supplement to Schedule 1 6 (Commercial Tort Claims) containing a specific description of such Commercial Tort Claim, (ii) the provision of Section 5.1 2.1 (Collateral) shall apply to such Commercial Tort Claim, Claim and (iii) it such Grantor shall execute and deliver to the Collateral Agent, in each case in form and substance reasonably satisfactory to the Collateral Agent, any certificate, agreement and other document, and take all other action, deemed by the Collateral Agent to be reasonably necessary or appropriate for the Collateral Agent to obtain, on behalf of the Secured Parties, a first-priority, perfected security interest having at least the priority set forth in Section 3.5 in all such Commercial Tort Claims. Any supplement to Schedule 1 6 (Commercial Tort Claims) delivered pursuant to this 4)iSection 4.10 (Notice of Commercial Tort Claims) shall, after the receipt thereof by the Collateral Agent, become part of Schedule 1 6 (Commercial Tort Claims) for all purposes hereunder other than in respect of representations and warranties made prior to the date of such receipt.