Common use of Waiver of UCC Provisions Clause in Contracts

Waiver of UCC Provisions. If any applicable provisions of the Uniform Commercial Code as in effect in the State of New York or any other relevant jurisdiction (the “UCC”) requires the Administrative Agent, the Swap Creditors or any other Finance Party or holder of the Senior Debt or any representative thereof to notify the Payee or other holder of the Subordinated Debt that the Administrative Agent, the Swap Creditors or such other Finance Party or holder or representative thereof will foreclose or otherwise realize upon any Collateral or other property provided to secure the Senior Debt, whether pursuant to Article 5 of the UCC or otherwise, the Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof hereby waives, to the extent permitted by applicable law, all such required notice(s) and, to the extent such requirement of notice may not be waived under applicable law, agrees that five Business Days’ written notice of any such foreclosure or other realization shall be commercially reasonable. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof further waives, to the extent permitted by applicable law, any and all rights it may have to require the Administrative Agent, the Swap Creditors or any other Finance Party or other holder of the Senior Debt or representative thereof to marshal any Collateral or other property provided as security for the Senior Debt and any and all other rights and remedies now or hereafter available to the Payee or such other holder of the Subordinated Debt under Section 9-504 of the UCC. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof agrees that the Administrative Agent, the Swap Creditors and any other Finance Party or holder of the Senior Debt or representative thereof may sell inventory that constitutes Collateral or other security for any Senior Debt pursuant to a repurchase agreement, that such sale shall not be deemed a transfer subject to Section 9-504(5) of the UCC or any similar provisions of any other applicable law (such provisions, to the extent otherwise applicable to such sale, being hereby waived), and that the repurchase of inventory by a seller under a repurchase agreement shall be a commercially reasonable method of disposition.

Waiver of UCC Provisions. If any applicable provisions of the Uniform Commercial Code as in effect in the State of New York or any other relevant jurisdiction (the “UCC”) requires the Administrative Agent, the Swap Creditors Collateral Agent or any other Finance Party or holder of the Senior Debt or any representative thereof to notify the Payee or other holder of the Subordinated Debt that the Administrative Agent, the Swap Creditors Collateral Agent or such other Finance Party or holder or representative thereof will foreclose or otherwise realize upon any Collateral collateral or other property provided to secure the Senior Debt, whether pursuant to Article 5 of the UCC or otherwise, the Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof hereby waives, to the extent permitted by applicable law, all such required notice(s) and, to the extent such requirement of notice may not be waived under applicable law, agrees that five two Business Days’ written notice of any such foreclosure or other realization shall be commercially reasonable. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof further waives, to the extent permitted by applicable law, any and all rights it may have to require the Administrative Agent, the Swap Creditors Collateral Agent or any other Finance Party or other holder of the Senior Debt or representative thereof to marshal any Collateral collateral or other property provided as security for the Senior Debt and any and all other rights and remedies now or hereafter available to the Payee or such other holder of the Subordinated Debt under Section 9-504 of the UCC. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof agrees that the Administrative Agent, the Swap Creditors Collateral Agent and any other Finance Party or holder of the Senior Debt or representative thereof may sell inventory that constitutes Collateral collateral or other security for any Senior Debt pursuant to a repurchase agreement, that such sale shall not be deemed a transfer subject to Section 9-504(5) of the UCC or any similar provisions of any other applicable law (such provisions, to the extent otherwise applicable to such sale, being hereby waived), and that the repurchase of inventory by a seller under a repurchase agreement shall be a commercially reasonable method of disposition.

Waiver of UCC Provisions. If any applicable provisions of the Uniform Commercial Code as in effect in the State of New York or any other relevant jurisdiction (the “UCC”) requires the Administrative Agent, the Swap Creditors Collateral Agent or any other Finance Party or holder of the Senior Debt or any representative thereof to notify the Payee or other holder of the Subordinated Debt that the Administrative Agent, the Swap Creditors Collateral Agent or such other Finance Party or holder or representative thereof will foreclose or otherwise realize upon any Collateral collateral or other property provided to secure the Senior Debt, whether pursuant to Article 5 of the UCC or otherwise, the Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof hereby waives, to the extent permitted by applicable law, all such required notice(s) and, to the extent such requirement of notice may not be waived under applicable law, agrees that five Business Days’ written notice of any such foreclosure or other realization shall be commercially reasonable. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof further waives, to the extent permitted by applicable law, any and all rights it may have to require the Administrative Agent, the Swap Creditors Collateral Agent or any other Finance Party or other holder of the Senior Debt or representative thereof to marshal any Collateral collateral or other property provided as security for the Senior Debt and any and all other rights and remedies now or hereafter available to the Payee or such other holder of the Subordinated Debt under Section 9-504 of the UCC. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof agrees that the Administrative Agent, the Swap Creditors Collateral Agent and any other Finance Party or holder of the Senior Debt or representative thereof may sell inventory that constitutes Collateral collateral or other security for any Senior Debt pursuant to a repurchase agreement, that such sale shall not be deemed a transfer subject to Section 9-504(5) of the UCC or any similar provisions of any other applicable law (such provisions, to the extent otherwise applicable to such sale, being hereby waived), and that the repurchase of inventory by a seller under a repurchase agreement shall be a commercially reasonable method of disposition.

Waiver of UCC Provisions. If any applicable provisions of the Uniform Commercial Code as in effect in the State of New York or any other relevant jurisdiction (the “"UCC”") requires the Administrative Agent, the Swap Creditors Collateral Agent or any other Finance Party Creditor or holder of the Senior Secured Debt or any representative thereof to notify the Payee or other holder of the Subordinated Debt that the Administrative Agent, the Swap Creditors Collateral Agent or such other Finance Party Creditor or holder or representative thereof will foreclose or otherwise realize upon any Collateral collateral or other property provided to secure the Senior Secured Debt, whether pursuant to Article 5 of the UCC or otherwise, the Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof hereby waives, to the extent permitted by applicable law, all such required notice(s) and, to the extent such requirement of notice may not be waived under applicable law, agrees that five Business Days’ ' written notice of any such foreclosure or other realization shall be commercially reasonable. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof further waives, to the extent permitted by applicable law, any and all rights it may have to require the Administrative Agent, the Swap Creditors Collateral Agent or any other Finance Party Creditor or other holder of the Senior Secured Debt or representative thereof to marshal any Collateral collateral or other property provided as security for the Senior Secured Debt and any and all other rights and remedies now or hereafter available to the Payee or such other holder of the Subordinated Debt under Section 9-504 610 of the UCC. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof agrees that the Administrative Agent, the Swap Creditors Collateral Agent and any other Finance Party Creditor or holder of the Senior Secured Debt or representative thereof may sell inventory that constitutes Collateral collateral or other security for any Senior Secured Debt pursuant to a repurchase agreement, that such sale shall not be deemed a transfer subject to Section 9-504(5) 618 of the UCC or any similar provisions of any other applicable law (such provisions, to the extent otherwise applicable to such sale, being hereby waived), and that the repurchase of inventory by a seller under a repurchase agreement shall be a commercially reasonable method of disposition.

Waiver of UCC Provisions. If any applicable provisions of the Uniform Commercial Code as in effect in the State of New York or any other relevant jurisdiction (the “UCC”) requires the Administrative Agent, the Swap Creditors Collateral Agent or any other Finance Secured Party or holder of the Senior Debt or any representative thereof to notify the Payee or other holder of the Subordinated Debt [INSERT NAME OF AFFILIATE] that the Administrative Agent, the Swap Creditors Collateral Agent or such other Finance Secured Party or holder or representative thereof will foreclose or otherwise realize upon any Collateral collateral or other property provided to secure the Senior Debt, whether pursuant to Article 5 9 of the UCC or otherwise, the Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof [INSERT NAME OF AFFILIATE] hereby waives, to the extent permitted by applicable law, all such required notice(s) and, to the extent such requirement of notice may not be waived under applicable law, agrees that five Business Days’ written notice of any such foreclosure or other realization shall be commercially reasonable. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof reasonable [INSERT NAME OF AFFILIATE] further waives, to the extent permitted by applicable law, any and all rights it may have to require the Administrative Agent, the Swap Creditors Collateral Agent or any other Finance Secured Party or other holder of the Senior Debt or representative thereof to marshal any Collateral collateral or other property provided as security for the Senior Debt and any and all other rights and remedies now or hereafter available to the Payee or such other holder of the Subordinated Debt [INSERT NAME OF AFFILIATE] under Section 9-504 611 of the UCC. The Payee and each other holder from time to time of the Subordinated Debt by its acceptance thereof [INSERT NAME OF AFFILIATE] agrees that the Administrative Agent, the Swap Creditors Collateral Agent and any other Finance Secured Party or holder of the Senior Debt or representative thereof may sell inventory that constitutes Collateral collateral or other security for any Senior Debt pursuant to a repurchase agreement, that such sale shall not be deemed a transfer subject to Section 9-504(5) 618 of the UCC or any similar provisions of any other applicable law (such provisions, to the extent otherwise applicable to such sale, being hereby waived), and that the repurchase of inventory by a seller under a repurchase agreement shall be a commercially reasonable method of disposition.