Common use of Obligations Hereby Secured Clause in Contracts

Obligations Hereby Secured. The lien and security interest herein granted and provided for is made and given to secure, and shall secure, the payment and performance of (a) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Borrower to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (c) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the “Obligations”).

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance of (a) any all “Obligations,” “Hedging Liability,” and “Bank Product Obligations,” as such terms are defined in the Credit Agreement, including, without limitation, all indebtednessobligations with respect to Loans made and to be made under the Credit Agreement (whether or not evidenced by Notes issued thereunder), all obligations and liabilities of whatsoever kind and nature of the Borrower to reimburse the Secured Party Creditors for the amount of all drawings on all Letters of Credit issued pursuant to the Credit Agreement and all other obligations of the Borrower under all Applications for Letters of Credit, all other obligations of the Borrower and the other Debtors under the Loan Documents, all obligations of the Debtors, and of any of them individually, with respect to any Hedging Liability and the agreements relating thereto, all obligations of the Debtors, and of any of them individually, with respect to any Bank Product Obligations and the agreements relating thereto, and all obligations of the Debtors, and of any of them individually, arising under any guaranty issued by it relating to the foregoing or any part thereof, in each case whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and includingincluding all interest, without limitationcosts, interest which but fees, and charges after the entry of an order for relief against a Debtor in a case under Title 11 of the filing of a petition United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against such Debtor in bankruptcy would accrue on such obligationsproceeding), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, acquired and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (c) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Creditors, and any of them individually, in collecting or enforcing any of such indebtedness, obligations or obligations, and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses, and charges described above being hereinafter referred to collectively as the “Secured Obligations”). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Debtor (other than the Borrower to which this limitation shall not apply) under this Agreement shall not exceed $1.00 less than the lowest amount that would render such Debtor’s obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for is made and given to secure, and shall secure, the payment and performance of (a) any all “Obligations,” “Hedging Liability,” and “Funds Transfer and Deposit Account Liability,” as such terms are defined in the Credit Agreement, including, without limitation, all indebtednessobligations with respect to Loans made and to be made under the Credit Agreement (whether or not evidenced by a Note issued thereunder), all obligations and liabilities of whatsoever kind and nature of the Borrower to reimburse the Secured Party for the amount of all drawings on all Letters of Credit issued pursuant to the Credit Agreement and all other obligations of the Borrower under all Applications for Letters of Credit, all obligations of the Debtors, and of any of them individually, with respect to any Hedging Liability, all obligations of the Debtors, and of any of them individually, with respect to any Funds Transfer and Deposit Account Liability, and all obligations of the Debtors, and of any of them individually, arising under any guaranty issued by it relating to the foregoing or any part thereof, in each case whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and includingincluding all interest, without limitationcosts, interest which but fees, and charges after the entry of an order for relief against a Debtor in a case under Title 11 of the filing of a petition United States Bankruptcy Code or any similar proceeding, whether or not such interest, costs, fees and charges would be an allowed claim against such Debtor in bankruptcy would accrue on such obligationsproceeding), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (c) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party in collecting or enforcing any of such indebtedness, obligations obligations, or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the “Secured Obligations”). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Debtor (other than the Borrower to which this limitation shall not apply) under this Agreement shall not exceed $1.00 less than the lowest amount that would render such Debtor’s obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for is made and given to secure, and shall secure, the payment and performance of (a) any and all indebtedness, obligations obligations, and liabilities of whatsoever kind and nature of the Borrower to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations obligations, and liabilities of the Debtor to the Secured Party or any affiliate of the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations obligations, and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (c) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the “Obligations”).. Notwithstanding the foregoing, the term “Obligations” shall not include, and the lien and security interest herein granted and provided for by Debtor does not secure, Excluded Swap Obligations. For purposes of this Agreement:

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance when due of (ai) any the principal of and interest on the B Loans as and when the same become due and payable (whether by lapse of time, acceleration or otherwise) and the payment and performance by the Guarantors of all of their indebtedness, obligations and liabilities of whatsoever kind and nature of under the Borrower Guaranty relating only to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and severalB Loans, and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Creditors, and any of them individually, in collecting or enforcing any of such indebtedness, obligations or and liabilities described in the foregoing clause (i) or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses and charges described above being hereinafter referred to collectively as the “"Obligations”"); provided that the items described in clause (ii) above included in the Obligations shall not exceed $1.00 less than the lowest amount that would cause the aggregate amount of all Obligations to equal or exceed 15% of the Borrower's Consolidated Net Tangible Assets on the date such items are incurred. This Agreement is given on the express condition that in no event will this Agreement secure any indebtedness, obligation and liabilities of the Borrower or the Guarantors other than with respect to the principal of and interest on the B Loans and amounts described in clause (ii) above relating thereto, and in particular this Agreement will not secure the A Loans or any sums owing in respect of L/Cs issued pursuant to the Credit Agreement and the Applications or any Hedging Liability. Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor under this Agreement (other than the Borrower to which this limitation shall not apply) shall not exceed $1.00 less than the lowest amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law."

Obligations Hereby Secured. The lien and security interest herein granted and provided for (a) This Agreement is made and given to secure, and shall secure, the payment and performance of (ai) (x) any and all indebtedness, obligations and liabilities of whatsoever kind and nature the Borrowers, or any of them individually, to the Agent, the Lenders, or any of them individually, evidenced by or otherwise arising out of or relating to the Credit Agreement or any promissory note of the Borrower Borrowers, or any of them individually issued at any time under the Credit Agreement (including all notes issued in extension or renewal thereof or in substitution or replacement therefor), (y) any and all Hedging Liability of the Borrowers, or any of them individually, to the Secured Party Lenders or any of them individually, and (z) any liability of the Guarantors, or any of them individually, arising out of the Credit Agreement, as well as for any and all other indebtedness, obligations and liabilities of the Debtors, or any of them individually, to the Agent, the Lenders, or any of them individually, evidenced by or otherwise arising out of or relating to this Agreement or any other Loan Document, in each case, whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligationsbankruptcy), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Agent, the Lenders, or any of them individually, in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the “Obligations”"OBLIGATIONS"). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor (other than the Borrowers to which this limitation shall not apply) under this Agreement shall not exceed $1 less than the amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance when due of (ai) any the principal of and interest on the B Loans as and when the same become due and payable (whether by lapse of time, acceleration or otherwise) and the payment and performance by the Guarantors of all of their indebtedness, obligations and liabilities of whatsoever kind and nature of under the Borrower Guaranty relating only to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and severalB Loans, and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Creditors, and any of them individually, in collecting or enforcing any of such indebtedness, obligations or and liabilities described in the foregoing clause (i) or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses and charges described above being hereinafter referred to collectively as the “"Obligations”"); provided that the items described in clause (ii) above included in the Obligations shall not exceed $1.00 less than the lowest amount that would cause the aggregate amount of all Obligations to equal or exceed 15% of the Borrower's Consolidated Net Tangible Assets on the date such items are incurred. This Agreement is given on the express condition that in no event will this Agreement secure any indebtedness, obligation and liabilities of the Borrower or the Guarantors other than with respect to the principal of and interest on the B Loans and amounts described in clause (ii) above relating thereto, and in particular this Agreement will not secure the A Loans or any sums owing in respect of L/Cs issued pursuant to the Credit Agreement and the Applications or any Hedging Liability. Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor under this Agreement (other than the Borrower to which this limitation shall not apply) shall not exceed $1.00 less than the lowest amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the payment and performance of (ai) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the each Borrower to the Secured Party Bank (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligationsbankruptcy), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, evidenced or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”)several, (bii) any and all indebtedness, obligations and liabilities of the Debtor whatsoever kind and nature of each other Pledgor, to the Secured Party Bank (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debtbankruptcy), whether such indebtednessdirect or indirect, obligations and liabilities of the Debtor are absolute or contingent, due or to become due, and whether now -2- 137 existing or hereafter arising and whether several, joint howsoever held evidenced or joint and several, acquired and (ciii) any and all reasonable expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Bank in collecting or in enforcing any of such indebtedness, obligations or and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses and charges described in clauses (i), (ii) and (iii) above being hereinafter referred to collectively as the “"Obligations”"). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor (other than the Parent Borrower to which this limitation shall not apply) under this Agreement shall not exceed $1 less than the amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance when due of (ai) any and all indebtedness, obligations and liabilities of whatsoever kind the Pledgors, and nature of any of them individually, to the Secured Creditors, and to any of them individually, under or in connection with or evidenced by the Credit Agreement, the Notes of the Borrower heretofore or hereafter issued under the Credit Agreement and the obligations of the Borrower to reimburse the Secured Party Creditors for the amount of all drawings on all Letters of Credit issued pursuant to the Credit Agreement, and all other obligations of the Borrower under any and all applications for Letters of Credit, and any and all liability of the Pledgors, and of any of them individually, arising under or in connection with or otherwise evidenced by agreements with any one or more of the Secured Creditors or their affiliates with respect to any Hedging Liability, and any and all liability of the Pledgors, and of any of them individually, arising under any guaranty issued by it relating to the foregoing or any part thereof, in each case whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and including, without limitation, including all interest which but for accrued after the filing of a petition in bankruptcy would accrue on such obligationsdate), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, acquired and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Creditors, and any of them individually, in collecting or enforcing any of such indebtedness, obligations or and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses and charges described above being hereinafter referred to collectively as the “"Obligations”"). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor (other than the Borrower to which this limitation shall not apply) under this Agreement shall not exceed $1.00 less than the amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the payment and performance of (ai)(x) any and all indebtedness, obligations and liabilities of whatsoever kind and nature the Borrowers to the Agent, the Lenders, or any of them individually, evidenced by or otherwise arising out of or relating to the Credit Agreement or any promissory note of any of the Borrower Borrowers issued at any time under the Credit Agreement (including all notes issued in extension or renewal thereof or in substitution or replacement therefor) and (y) any liability of the Pledgors, or any of them individually, arising out of the Credit Agreement, as well as for any and all other indebtedness, obligations and liabilities of the Pledgors, or any of them individually, to the Secured Party Agent, the Lenders, or any of them individually, evidenced by or otherwise arising out of or relating to this Agreement or any other Loan Document, in each case, whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligationsbankruptcy), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Agent, the Lenders, or any of them individually, in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the “"Obligations”"). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor (other than the Borrowers to which this limitation shall not apply) under this Agreement shall not exceed $1 less than the amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance of (a) any and all indebtedness, obligations obligations, and liabilities of whatsoever kind and nature of the Borrower Debtors, and any of them, to the Secured Party and to any of its affiliates (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligationsbankruptcy), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, or acquired, and whether several, joint joint, or joint and several several, including without limitation all “Obligations,” “Hedging Liability,” and “Bank Product Liability,” as such terms are defined in the Credit Agreement, all obligations with respect to Loans made and to be made under the Credit Agreement (collectively, the “Borrower Debt”whether or not evidenced by Notes issued thereunder), (b) any and all indebtedness, obligations and liabilities of the Debtor Borrower to reimburse the Secured Party for the amount of all drawings on all Letters of Credit issued pursuant to the Credit Agreement and all other obligations of the Borrower under all Applications for Letters of Credit, all other obligations of the Borrower and the other Debtors under the Loan Documents, all obligations of the Debtors, and of any of them individually, with respect to any Hedging Liability and the agreements relating thereto, all obligations of the Debtors, and of any of them individually, with respect to any Bank Product Liability and the agreements relating thereto, and all obligations of the Debtors, and of any of them individually, arising under any guaranty issued by it relating to the foregoing or any part thereof, in each case whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and includingincluding all interest, without limitationcosts, interest which but fees, and charges after the entry of an order for relief against a Debtor in a case under Title 11 of the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all United States Bankruptcy Code or any part of the Borrower Debtsimilar proceeding, whether or not such indebtednessinterest, obligations costs, fees and liabilities of the charges would be an allowed claim against such Debtor are in such proceeding), due or to become due, and whether now existing direct or hereafter arising and whether severalindirect, joint absolute or joint and severalcontingent, and howsoever evidenced, held or acquired and (cb) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party in collecting or enforcing any of such indebtedness, obligations or obligations, and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses, and charges described above being hereinafter referred to collectively as the “Secured Obligations”). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Debtor (other than the Borrower to which this limitation shall not apply) under this Agreement shall not exceed $1.00 less than the lowest amount that would render such Debtor’s obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance of (ai) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Borrower to the Secured Party Creditors, and to any of them individually, under or in connection with or evidenced by the Credit Agreement, the Notes of the Borrower heretofore or hereafter issued under the Credit Agreement and the obligations of the Borrower to reimburse the Secured Creditors for the amount of all drawings on all Letters of Credit issued pursuant to the Credit Agreement, and all other obligations of the Borrower under any and all applications for Letters of Credit, and any and all liability of the Borrower arising under or in connection with or otherwise evidenced by agreements with any one or more of the Secured Creditors with respect to any Hedging Liability, and any and all liability of the Pledgors, and of any of them individually, arising under any guaranty issued by it relating to the foregoing or any part thereof, in each case whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and including, without limitation, including all interest which but for accrued after the filing of a petition in bankruptcy would accrue on such obligationsdate), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, acquired and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Creditors, and any of them individually, in collecting or enforcing any of such indebtedness, obligations or and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses and charges described above being hereinafter referred to collectively as the “"Obligations”"). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor (other than the Borrower to which this limitation shall not apply) under this Agreement shall not exceed $1.00 less than the amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance of (ai) any and all indebtedness, obligations and liabilities of whatsoever kind the Pledgors, of any of them, to the Agent and nature the Lenders, and any of them, under or in connection with or evidenced by the Credit Agreement, the Notes of the Borrower Company heretofore or hereafter issued under the Credit Agreement and the obligations of the Company to reimburse the Agent and the Lenders for the amount of all drawings on all Letters of Credit issued for the account of the Company pursuant to the Secured Party Credit Agreement, and all other obligations of the Company under any and all applications for Letters of Credit, or under or in connection with or otherwise evidenced by the Guaranty or any of the other Loan Documents, or under or in connection with or otherwise evidenced by agreements with any one or more of the Lenders with respect to Hedging Liability, in each case whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligationsbankruptcy), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, acquired and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Agent and the Lenders, and any of them, in collecting or enforcing any of such indebtedness, obligations or and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses and charges described above being hereinafter referred to collectively as the “"Obligations”"). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor (other than the Company to which this limitation shall not apply) under this Agreement shall not exceed $1.00 less than the amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for is made and given to secure, and shall secure, the payment and performance of (a) any and all indebtedness, obligations obligations, and liabilities of whatsoever kind and nature of the Borrower to the Secured Party Bank or any affiliate of Bank (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations)) pursuant to the Credit Agreement or any other Loan Document, whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations obligations, and liabilities of the Debtor Guarantors to the Secured Party Bank or any affiliate of Bank (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor Guarantors of all or any part of the Borrower Debt, whether such indebtedness, obligations obligations, and liabilities of the Debtor Guarantors are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (c) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Bank or any affiliate of Bank in collecting or enforcing any of such indebtedness, obligations or liabilities the Borrower Debt or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the “Obligations”). Notwithstanding the foregoing, the term “Obligations” shall not include, and the lien and security interest herein granted and provided for by any Debtor does not secure, Excluded Swap Obligations.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the payment and performance of (ai) (x) any and all indebtedness, obligations and liabilities of whatsoever kind and nature the Company to the Agent, the Lenders, or any of them individually, evidenced by or otherwise arising out of or relating to the Credit Agreement or any promissory note of the Borrower Company issued at any time under the Credit Agreement (including all notes issued in extension or renewal thereof or in substitution or replacement therefor) and (y) any liability of the Pledgors, or any of them individually, arising out of the Credit Agreement, as well as for any and all other indebtedness, obligations and liabilities of the Pledgors, or any of them individually, to the Secured Party Creditors with respect to any Hedging Liability, or any of them individually, evidenced by or otherwise arising out of or relating to this Agreement or any other Loan Document or (in the case of any Hedging Liability) any other agreement with any one or more of the Secured Creditors, in each case, whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligationsbankruptcy), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Agent, the Secured Party Creditors, or any of them individually, in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the “"Obligations”"). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor (other than the Company to which this limitation shall not apply) under this Agreement shall not exceed $1 less than the amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance of (ai) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Borrower to the Secured Party Creditors, and to any of them individually, under or in connection with or evidenced by the Credit Agreement, the Notes of the Borrower heretofore or hereafter issued under the Credit Agreement and the obligations of the Borrower to reimburse the Secured Creditors for the amount of all drawings on all Letters of Credit issued pursuant to the Credit Agreement, and all other obligations of the Borrower under any and all applications for Letters of Credit, and any and all liability of the Borrower arising under or in connection with or otherwise evidenced by agreements with any one or more of the Secured Creditors with respect to any Hedging Liability, and any and all liabilities of the Pledgor arising under the Guaranty Agreement of even date herewith (the "Holdings Guaranty") executed by the Pledgor relating to the foregoing or any part thereof, in each case whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and including, without limitation, including all interest which but for accrued after the filing of a petition in bankruptcy would accrue on such obligationsdate), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, acquired and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Creditors, and any of them individually, in collecting or enforcing any of such indebtedness, obligations or and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses and charges described above being hereinafter referred to collectively as the “"Obligations”").

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the payment and performance of (ai) (x) any and all indebtedness, obligations and liabilities of whatsoever kind the Borrower to the Agent, the Banks, or any of them individually, evidenced by or otherwise arising out of or relating to the Credit Agreement or any promissory note of the Borrower issued at any time under the Credit Agreement (including all notes issued in extension or renewal thereof or in substitution or replacement therefor), (y) any and nature all Hedging Liability of the Borrower to the Secured Party Banks or any of them individually, and (z) any liability of the Guarantors, or any of them individually, arising out of the Credit Agreement, as well as for any and all other indebtedness, obligations and liabilities of the Debtors, or any of them individually, to the Agent, the Banks, or any of them individually, evidenced by or otherwise arising out of or relating to this Agreement or any other Loan Document, in each case, whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligationsbankruptcy), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced, held or acquired, and whether several, joint or joint and several (collectively, the “Borrower Debt”), (b) any and all indebtedness, obligations and liabilities of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations) under or related to each guaranty by the Debtor of all or any part of the Borrower Debt, whether such indebtedness, obligations and liabilities of the Debtor are due or to become due, and whether now existing or hereafter arising and whether several, joint or joint and several, and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Agent, the Banks, or any of them individually, in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the “Obligations”"OBLIGATIONS"). Notwithstanding anything in this Agreement to the contrary, the right of recovery against any Pledgor (other than the Borrower to which this limitation shall not apply) under this Agreement shall not exceed $1 less than the amount which would render such Pledgor's obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.