Common use of Rights as a Pari Passu Secured Party Clause in Contracts

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Secured Party”, “Existing Secured Parties”, “Additional Pari Passu Secured Party” or “Additional Pari Passu Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative Person serving as the Pari Passu Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, Pari Passu Collateral Agent and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Revolving Credit Agreement Secured Party”, “Existing Revolving Credit Agreement Secured Parties”, “Additional Pari Passu Notes Secured Party” or “Additional Pari Passu Notes Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Pari Passu Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company any Grantor or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Pari Passu Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party. The Pari Passu Collateral Agent, in its individual capacity, is not obligated to be a Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, Collateral Agent and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Credit Agreement Secured Party”, “Existing Credit Agreement Secured Parties”, “Additional Pari Passu Secured Party” or “Additional Pari Passu Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative Person serving as the Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, Controlling Collateral Agent and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Credit Agreement Secured Party”, ,” “Existing Credit Agreement Secured Parties”, ,” “Additional Pari Passu Secured Party,” “Additional Secured Parties,” “Initial Additional Secured Party” or “Initial Additional Pari Passu Secured Parties” shall, if applicable and unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Borrower or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative Person serving as the Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, Controlling Collateral Agent and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Credit Agreement Secured Party”, ,” “Existing Credit Agreement Secured Parties”, ,” “Additional Pari Passu Secured Party,” “Additional Secured Parties,” “Initial Additional Secured Party” or “Initial Additional Pari Passu Secured Parties” shall, if applicable and unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Administrative Borrower or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized RepresentativeCollateral Agent, and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Secured Party”, “Existing Secured Parties”, “Additional Pari Passu Secured Party” or “Additional Pari Passu Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative Person serving as the Revolving Credit Facility Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Lien Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized RepresentativeRevolving Credit Facility Collateral Agent, and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) ), “Existing Revolving Credit Facility Secured Party”, “Existing Revolving Credit Facility Secured Parties”, “Additional Pari Passu Term Loan Secured Party” or “Additional Pari Passu Term Loan Secured Parties” ”, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Revolving Credit Facility Collateral Agent hereunder in its individual capacitycapacity (to the extent applicable). Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Revolving Credit Facility Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative Person serving as the Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, Controlling Collateral Agent and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Credit Agreement Secured Party”, “Existing Credit Agreement Secured Parties”, “Additional Pari Passu Secured Party”, “Additional Secured Parties”, “Initial Additional Secured Party” or “Initial Additional Pari Passu Secured Parties” shall, if applicable and unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Top Borrower or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, Collateral Agent and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Credit Agreement Secured Party”, ,” “Existing Credit Agreement Secured Parties”, ,” “Additional Pari Passu Secured Party,” “Additional Secured Parties,” “Initial Additional Secured Party” or “Initial Additional Pari Passu Secured Parties” shall, if applicable and unless otherwise expressly indicated or unless the context otherwise requires, include the Person person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Parent, any Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, Collateral Agent and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Existing Credit Agreement Secured Party”, “Existing Credit Agreement Secured Parties”, “Additional Pari Passu Secured Party” or “Additional Pari Passu Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.

Rights as a Pari Passu Secured Party. (a) The Applicable Authorized Representative Person serving as the Pari Passu Collateral Agent hereunder shall have the same rights and powers in its capacity as a Pari Passu Secured Party under any Series of Pari Passu Obligations that it holds as any other Pari Passu Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative, Pari Passu Collateral Agent and the term “Pari Passu Secured Party” or “Pari Passu Secured Parties” or (as applicable) “Term Loan Secured Party”, “Term Loan Secured Parties”, “Existing Notes Secured Party”, “Existing Notes Secured Parties”, “Additional New Notes Secured Party”, “New Notes Secured Parties”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Other Pari Passu Secured Party” or “Additional Other Pari Passu Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Pari Passu Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company any Grantor or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Pari Passu Collateral Agent hereunder and without any duty to account therefor to any other Pari Passu Secured Party.