Common use of Separate Grants of Security and Separate Classification Clause in Contracts

Separate Grants of Security and Separate Classification. Each Note Party acknowledges and agrees that (a) the grants of Liens pursuant to the Credit Agreement Documents and the New Indenture Documents constitute two separate and distinct grants of Liens and (b) because of, among other things, their differing rights in the Common Collateral, the Note Obligations are fundamentally different from the Lender Obligations and must be separately classified in any plan of reorganization proposed or adopted in an Insolvency Proceeding.

Separate Grants of Security and Separate Classification. Each Note Party acknowledges and agrees that (a) the grants of Liens pursuant to the Credit Loan Agreement Documents and the New Indenture Documents constitute two separate and distinct grants of Liens and (b) because of, among other things, their differing rights in the Common Collateral, the Note Obligations are fundamentally different from the Lender Obligations and must be separately classified in any plan of reorganization proposed or adopted in an Insolvency Proceeding.