Common use of NTD Clause in Contracts

NTD. For the avoidance of doubt, the Issuer and the Second Lien Guarantors will also be required to be First Lien Guarantors. (v)The Issuer under the Second Lien Notes. (vi)Each guarantor under the Second Lien Notes (each, a “Second Lien Guarantor”). (vii)Each other Person required to be a party to the Intercreditor Agreement from time to time pursuant to the terms of the Intercreditor Agreement, the First Lien Credit Agreement and the Second Lien Notes, including, without limitation, each Hedge Bank and Commodity Hedge Counterparty party to a Permitted Secured Commodity Swap Contract from time to time. The Borrower, the Issuer, the First Lien Guarantors and the Second Lien Guarantors are hereinafter referred to collectively as the “Loan Parties”. Any reference to “Collateral Agent” hereunder shall mean the First Lien Collateral Agent and/or the Second Lien Collateral Agent, as the context may require. Purpose: To establish the relative rights and privileges of the parties with respect to the Collateral.

NTD. For the avoidance of doubt, the Issuer and the Second Lien Guarantors will also be required to be First Lien Guarantors. (v)The v) The Issuer under the Second Lien Notes. (vi)Each vi) Each guarantor under the Second Lien Notes (each, a “Second Lien Guarantor”). (vii)Each vii) Each other Person required to be a party to the Intercreditor Agreement from time to time pursuant to the terms of the Intercreditor Agreement, the First Lien Credit Agreement and the Second Lien Notes, including, without limitation, each Hedge Bank and Commodity Hedge Counterparty party to a Permitted Secured Commodity Swap Contract from time to time. The Borrower, the Issuer, the First Lien Guarantors and the Second Lien Guarantors are hereinafter referred to collectively as the “Loan Parties”. Any reference to “Collateral Agent” hereunder shall mean the First Lien Collateral Agent and/or the Second Lien Collateral Agent, as the context may require. Purpose: To establish the relative rights and privileges of the parties with respect to the Collateral.

NTD. For the avoidance of doubt, the Issuer and the Second Lien Guarantors will also be required to be First Lien Guarantors. (v)The xii)The Issuer under the Second Lien Notes. (vi)Each xiii)Each guarantor under the Second Lien Notes (each, a “Second Lien Guarantor”). (vii)Each xiv)Each other Person required to be a party to the Intercreditor Agreement from time to time pursuant to the terms of the Intercreditor Agreement, the First Lien Credit Agreement and the Second Lien Notes, including, without limitation, each Hedge Bank and Commodity Hedge Counterparty party to a Permitted Secured Commodity Swap Contract from time to time. The Borrower, the Issuer, the First Lien Guarantors and the Second Lien Guarantors are hereinafter referred to collectively as the “Loan Parties”. Any reference to “Collateral Agent” hereunder shall mean the First Lien Collateral Agent and/or the Second Lien Collateral Agent, as the context may require. Purpose: To establish the relative rights and privileges of the parties with respect to the Collateral.