Common use of Similar Collateral and Agreements Clause in Contracts

Similar Collateral and Agreements. The parties hereto acknowledge and agree that it is their intention that the Priority Lien Collateral and the 1.5 Lien Collateral be identical (other than with respect to Excluded Assets of the type described in clause (i) of the definition thereof, which shall not constitute 1.5 Lien Collateral). In furtherance of the foregoing, the parties hereto agree (a) to cooperate in good faith in order to determine, upon any reasonable request by the Priority Lien Agent, or the 1.5 Lien Agent, the specific assets included in the Priority Lien Collateral, and the 1.5 Lien Collateral, the steps taken to perfect the Priority Liens, and the 1.5 Liens thereon and the identity of the respective parties obligated under the Priority Lien Documents and the 1.5 Lien Documents in respect of the Priority Lien Obligations and the 1.5 Lien Obligations, respectively, (b) that the 1.5 Lien Security Documents creating Liens on the Collateral shall be in all material respects the same forms of documents as the respective Priority Lien Security Documents creating Liens on the Collateral other than (i) with respect to the priority nature of the Liens created thereunder in such Collateral, (ii) such other modifications to such 1.5 Lien Security Documents which are less restrictive than the corresponding Priority Lien Security Documents, (iii) provisions in the 1.5 Lien Security Documents which are solely applicable to the rights and duties of the 1.5 Lien Agent and/or the 1.5 Lien Agent, and (iv) with such deletions or modifications of representations, warranties and covenants as are customary with respect to security documents establishing Liens securing publicly traded debt securities.

Similar Collateral and Agreements. The parties hereto acknowledge and agree that it is their intention that the Priority Lien Collateral and the 1.5 Lien Subordinated Collateral be identical (other than with respect to Excluded Assets of the type described in clause (i) of the definition thereof, which shall not constitute 1.5 Lien Collateral)identical. In furtherance of the foregoing, the parties hereto agree (a) to cooperate in good faith in order to determine, upon any reasonable request by the Priority Lien Agent, Agent or the 1.5 Lien AgentSubordinated Collateral Trustee, the specific assets included in the Priority Lien Collateral, Collateral and the 1.5 Lien Subordinated Collateral, the steps taken to perfect the Priority Liens, Liens and the 1.5 Subordinated Liens thereon and the identity of the respective parties obligated under the Priority Lien Documents and the 1.5 Lien Subordinated Documents in respect of the Priority Lien Obligations and the 1.5 Lien Subordinated Obligations, respectively, (b) that the 1.5 Lien Subordinated Security Documents creating Liens on the Collateral shall be in all material respects the same forms of documents as the respective Priority Lien Security Documents creating Liens on the Collateral other than (i) with respect to the priority nature of the Liens created thereunder in such Collateral, (ii) such other modifications to such 1.5 Lien Subordinated Security Documents which are less restrictive than the corresponding Priority Lien Security Documents, (iii) provisions in the 1.5 Lien Subordinated Security Documents which are solely applicable to the rights and duties of the 1.5 Lien Agent and/or the 1.5 Lien AgentSubordinated Secured Parties, and (iv) with such deletions or modifications of representations, warranties and covenants as are customary with respect to security documents establishing Liens securing publicly traded debt securitiessecurities and (c) that at no time shall there be any Grantor that is an obligor in respect of the Subordinated Obligations that is not also an obligor in respect of the Priority Lien Obligations.

Similar Collateral and Agreements. The parties hereto acknowledge and agree that it is their intention that the Priority Lien Collateral and the 1.5 Second Lien Collateral be identical (other than with respect to Excluded Assets of the type described in clause (i) of the definition thereof, which shall not constitute 1.5 Lien Collateral)identical. In furtherance of the foregoing, the parties hereto agree (a) to cooperate in good faith in order to determine, upon any reasonable request by the Priority Lien Agent, Agent or the 1.5 Second Lien AgentCollateral Trustee, the specific assets included in the Priority Lien Collateral, Collateral and the 1.5 Second Lien Collateral, the steps taken to perfect the Priority Liens, Liens and the 1.5 Second Liens thereon and the identity of the respective parties obligated under the Priority Lien Documents and the 1.5 Second Lien Documents in respect of the Priority Lien Obligations and the 1.5 Second Lien Obligations, respectively, (b) that the 1.5 Second Lien Security Documents creating Liens on the Collateral shall be in all material respects the same forms of documents as the respective Priority Lien Security Documents creating Liens on the Collateral other than (i) with respect to the priority nature of the Liens created thereunder in such Collateral, (ii) such other modifications to such 1.5 Second Lien Security Documents which are less restrictive than the corresponding Priority Lien Security Documents, Documents and (iii) provisions in the 1.5 Second Lien Security Documents which are solely applicable to the rights and duties of the 1.5 Second Lien Agent Collateral Trustee and/or the 1.5 Second Lien Agent, Trustee and (ivc) with such deletions or modifications that at no time shall there be any Grantor that is an obligor in respect of representations, warranties and covenants as are customary with the Second Lien Obligations that is not also an obligor in respect to security documents establishing Liens securing publicly traded debt securities.of the Priority Lien Obligations. 15 [VANGUARD AMENDED AND RESTATED INTERCREDITOR AGREEMENT]

Similar Collateral and Agreements. The parties hereto acknowledge and agree that it is their intention that the Priority Lien Collateral and the 1.5 Second Lien Collateral be identical (other than except with respect to Excluded Assets of the type described in clause Applicable Collateral (i) of the definition thereof, which shall not constitute 1.5 Lien Collateralif any). In furtherance of the foregoing, the parties hereto agree (a) to cooperate in good faith in order to determine, upon any reasonable request by the Priority Lien Agent, Agent or the 1.5 Lien AgentEXXI, the specific assets included in the Priority Lien Collateral, Collateral and the 1.5 Second Lien Collateral, the steps taken to perfect the Priority Liens, Liens and the 1.5 Second Liens thereon and the identity of the respective parties obligated under the Priority Lien Documents and the 1.5 Second Lien Documents in respect of the Priority Lien Obligations and the 1.5 Second Lien Obligations, respectively, (b) that the 1.5 Second Lien Security Documents creating Liens on the Collateral (other than any Applicable Collateral) shall be in all material respects the same forms of documents as the respective Priority Lien Security Documents creating Liens on the Collateral other than (i) with respect to the priority nature of the Liens created thereunder in such Collateral, (ii) such other modifications to such 1.5 Second Lien Security Documents which are less restrictive than the corresponding Priority Lien Security Documents, (iii) provisions in the 1.5 Second Lien Security Documents which are solely applicable to the rights and duties of the 1.5 Lien Agent and/or the 1.5 Lien Agent, EXXI and (ivc) with such deletions or modifications that at no time shall there be any Grantor that is an obligor in respect of representations, warranties and covenants as are customary with the Second Lien Obligations that is not also an obligor in respect to security documents establishing Liens securing publicly traded debt securitiesof the Priority Lien Obligations.

Similar Collateral and Agreements. The parties hereto acknowledge and agree that it is their intention that the Priority Lien Collateral and the 1.5 Second Lien Collateral be identical (other than with respect to Excluded Assets of the type described in clause (i) of the definition thereof, which shall not constitute 1.5 Lien Collateral)substantially identical. In furtherance of the foregoing, the parties hereto agree (a) to cooperate in good faith in order to determine, upon any reasonable request by the Priority Lien Agent, Agent or the 1.5 Second Lien AgentCollateral Trustee, the specific assets included in the Priority Lien Collateral, Collateral and the 1.5 Second Lien Collateral, the steps taken to perfect the Priority Liens, Liens and the 1.5 Second Liens thereon and the identity of the respective parties obligated under the Priority Lien Documents and the 1.5 Second Lien Documents in respect of the Priority Lien Obligations and the 1.5 Second Lien Obligations, respectively, (b) that the 1.5 Second Lien Security Documents creating Liens on the Collateral shall be in all material respects the same forms of documents as the respective Priority Lien Security Documents creating Liens on the Collateral other than (i) with respect to the priority nature of the Liens created thereunder in such Collateral, (ii) such other modifications to such 1.5 Second Lien Security Documents which are less restrictive than the corresponding Priority Lien Security Documents, Documents and (iii) provisions in the 1.5 Second Lien Security Documents which are solely applicable to the rights and duties of the 1.5 Second Lien Agent Collateral Trustee and/or the 1.5 Lien AgentTrustee, and (ivc) with such deletions or modifications that at no time shall there be any Grantor that is an obligor in respect of representations, warranties and covenants as are customary with the Second Lien Obligations that is not also an obligor in respect to security documents establishing Liens securing publicly traded debt securitiesof the Priority Lien Obligations.

Similar Collateral and Agreements. The parties hereto acknowledge and agree that it is their intention that the Priority Lien Collateral and the 1.5 Second Lien Collateral be identical (other than with respect to Excluded Assets of the type described in clause (i) of the definition thereof, which shall not constitute 1.5 Lien Collateral)identical. In furtherance of the foregoing, the parties hereto agree (a) to cooperate in good faith in order to determine, upon any reasonable request by the Priority Lien Agent, Agent or the 1.5 Second Lien Collateral Agent, the specific assets included in the Priority Lien Collateral, Collateral and the 1.5 Second Lien Collateral, the steps taken to perfect the Priority Liens, Liens and the 1.5 Second Liens thereon and the identity of the respective parties obligated under the Priority Lien Documents and the 1.5 Second Lien Documents in respect of the Priority Lien Obligations and the 1.5 Second Lien Obligations, respectively, (b) that the 1.5 Second Lien Security Documents creating Liens on the Collateral shall be in all material respects the same forms of documents as the respective Priority Lien Security Documents creating Liens on the Collateral other than (i) with respect to the priority nature of the Liens created thereunder in such Collateral, (ii) such other modifications to such 1.5 Second Lien Security Documents which are less restrictive than the corresponding Priority Lien Security Documents, (iii) provisions in the 1.5 Second Lien Security Documents which are solely applicable to the rights and duties of the 1.5 Second Lien Collateral Agent and/or the 1.5 Second Lien AgentTrustee, and (iv) with such deletions or modifications of representations, warranties and covenants as are customary with respect to security documents establishing Liens securing publicly traded debt securities, and (c) that at no time shall there be any Grantor that is an obligor in respect of the Second Lien Obligations that is not also an obligor in respect of the Priority Lien Obligations.