When Discharge of Obligations Deemed to Not Have Occurred. If, at any time after the Discharge of Senior Lien Obligations has occurred or contemporaneously therewith, the Company enters into any Refinancing of any Senior Lien Documents evidencing a Senior Lien Obligation, then such Discharge of Senior Lien Obligations shall automatically be deemed not to have occurred for all purposes of this Agreement (other than with respect to any actions taken as a result of the occurrence of such first Discharge of Senior Lien Obligations), and, from and after the date on which the Additional Senior Lien Representative and Additional Senior Lien Collateral Agent in respect of such Refinancing each becomes a party to this Agreement in accordance with Section 8.7(b), the obligations under such Refinancing of the applicable Senior Lien Documents shall automatically be treated as Senior Lien Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and the Additional Senior Lien Representative and the Additional Senior Lien Collateral Agent under such new Senior Lien Documents shall be a Senior Lien Representative and Senior Lien Collateral Agent, respectively, for all purposes of this Agreement. Upon receipt of a Designation from the Company in accordance with Section 8.7(b)(2) of this Agreement, each Junior Lien Representative and Junior Lien Collateral Agent shall, promptly following such requests, (x) enter into such documents and agreements (including amendments or supplements to this Agreement) as the Company or any one or more such Additional Senior Lien Representative and such Additional Senior Lien Collateral Agent shall reasonably request in order to provide to such Additional Senior Lien Representative and such Additional Senior Lien Collateral Agent the rights contemplated hereby, in each case consistent in all material respects with the terms of this Agreement and (y) deliver to such Additional Senior Lien Collateral Agent any Pledged Collateral held by it together with any necessary endorsements (or otherwise allow such Additional Senior Lien Collateral Agent to obtain control of such Pledged Collateral), provided that the Junior Lien Representative and Junior Lien Collateral Agent shall not be required to take any action if such actions would violate applicable law or court order. If the Additional Senior Lien Obligations under the Additional Senior Lien Documents in respect of such Refinancing are secured by assets of the Com...
When Discharge of Obligations Deemed to Not Have Occurred. (a) If the Grantors enter into any Refinancing of the Revolving Obligations with Indebtedness permitted under the Term Documents that is intended to be (and under the Term Documents is permitted to be) secured by the Revolving Priority Collateral on a basis that is senior to the Term Liens thereon and by the Term Priority Collateral on a basis that is junior to the Term Liens thereon, then a Discharge of Revolving Obligations shall be deemed not to have occurred for all purposes of this Agreement, and the Refinancing Indebtedness in respect of such Revolving Obligations shall be treated as Revolving Obligations for all purposes of this Agreement, including for purposes of the relative Lien priorities and rights in respect of Collateral set forth herein, and the collateral agent (or similar representative) in respect of the obligations under such Refinancing shall be the Revolving Collateral Agent for all purposes of this Agreement; provided, however, that the holders of such Refinancing Indebtedness, and the collateral agent (or similar representative) of such holders, bind themselves to the terms of this Agreement pursuant to an amendment effected in accordance with Section 9.3.
When Discharge of Obligations Deemed to Not Have Occurred. (a) If the Revolving Borrowers enter into any Refinancing of the Revolving Obligations that is intended to be secured by the Revolving Priority Collateral on a first-priority basis, then a Discharge of Revolving Obligations shall be deemed not to have occurred for all purposes of this Agreement, and the obligations under such Refinancing of such Revolving Obligations shall be treated as Revolving Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and Revolving Collateral Agent or lender under the Revolving Loan Documents effecting such Refinancing shall be the Revolving Collateral Agent for all purposes of this Agreement. The Revolving Collateral Agent or lender under such Revolving Loan Documents shall agree (in a writing addressed to the Notes Collateral Agent) to be bound by the terms of this Agreement.
When Discharge of Obligations Deemed to Not Have Occurred. If contemporaneously with the Discharge of Issuer Senior Debt, the Company enters into any Refinancing of such Issuer Senior Debt, then such Discharge of Issuer Senior Debt shall automatically be deemed not to have occurred for all purposes of this Agreement and the obligations under such Refinancing of the applicable Issuer Senior Debt shall automatically be treated as Issuer Senior Debt for all purposes of this Agreement.
When Discharge of Obligations Deemed to Not Have Occurred. (a) If the Grantors enter into any Refinancing of the ABL Obligations that is intended to be secured by the ABL Priority Collateral on a first-priority basis, then a Discharge of ABL Obligations shall be deemed not to have occurred for all purposes of this Agreement, and the obligations under such Refinancing of such ABL Obligations shall be treated as ABL Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and ABL Agent under the ABL Loan Documents effecting such Refinancing shall be ABL Agent for all purposes of this Agreement. ABL Agent under such ABL Loan Documents shall agree (in a writing addressed to Notes Agent for the benefit of itself and the other Notes Claimholders) to be bound by the terms of this Agreement.
When Discharge of Obligations Deemed to Not Have Occurred. If, at any time after the Discharge of First Lien Obligations has occurred, the Company thereafter enters into any Refinancing of any First Lien Document evidencing a First Lien Obligation which Refinancing is permitted hereunder, by the First Lien Documents and by the Second Lien Documents, then such Discharge of First Lien Obligations shall automatically be deemed not to have occurred for all purposes of this Agreement (other than with respect to any actions taken as a result of the occurrence of such first Discharge of First Lien Obligations), and, from and after the date on which the Replacement First Lien Representative and Replacement First Lien Collateral Agent in respect of such Refinancing each becomes a party to this Agreement in accordance with Section 8.7(b), the obligations under such Refinancing of the applicable First Lien Document shall automatically be treated as First Lien Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and the Replacement First Lien Representative and the Replacement First Lien Collateral Agent under such new First Lien Documents shall be a First Lien Representative and First Lien Collateral Agent, respectively, for all purposes of this Agreement.
When Discharge of Obligations Deemed to Not Have Occurred. If at any time after the Discharge of [ ] Obligations has occurred, any Grantor thereafter enters into any Refinancing of any [ ] Loan Document evidencing a [ ] Obligation which Refinancing is permitted hereby and by the terms of the [ ] Loan Documents, then the obligations under such Refinancing [ ] Loan Document shall automatically be treated as [ ] Obligations for all purposes of this Agreement, including for purposes of the rights in respect of Collateral set forth herein. Upon receipt of a notice stating that the Grantors have entered into a new [ ] Loan Document, the [ ] Claimholders shall promptly enter into such documents and agreements (including amendments or supplements to this Agreement) as the Grantor or a majority-in-interest of the [ ] Claimholders shall reasonably request in order to provide to the [ ] Claimholders the rights contemplated hereby, in each case consistent in all material respects with the terms of this Agreement. If the new [ ] Obligations under the new [ ] Loan Documents are secured by assets of the Grantors of the type constituting Collateral that do not also secure the [ ] Obligations, then the [ ] Obligations shall be secured at such time by a pari passu Lien on such assets to the same extent provided in the [ ] Collateral Documents.
When Discharge of Obligations Deemed to Not Have Occurred. (a) If, at any time after the termination of the CPLV Lease has occurred or contemporaneously therewith, a New Lease is entered into in accordance with the CPLV Lease, then such New Lease shall automatically be treated as the CPLV Lease for all purposes of this Agreement and the obligations under such New Lease shall automatically be treated as CPLV Lease Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of CPLV Lease Collateral set forth herein. In such event, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement, and (i) the tenant under such New Lease shall become party hereto as Tenant and shall be treated for all purposes hereunder as Tenant and (ii) such tenant, Landlord, each Tenant Financing Collateral Agent, Landlord Financing Lender and each other party hereto shall promptly enter into such documents and agreements (including amendments or supplements to this Agreement) as any Tenant Financing Collateral Agent, Landlord or Landlord Financing Lender shall reasonably request in order to provide it the rights contemplated hereby, in each case consistent in all material respects with the terms of this Agreement. This Section 5.4(a) shall survive termination of this Agreement.
When Discharge of Obligations Deemed to Not Have Occurred. (a) If one or more Grantors enter into any Refinancing of the First Lien Obligations, then a Discharge of First Lien Obligations shall be deemed not to have occurred for all purposes of this Agreement, and the obligations under such Refinancing of such First Lien Obligations shall be treated as First Lien Obligations for all purposes of this Agreement, including for purposes of the Lien priorities and rights in respect of Collateral set forth herein, and First Lien Representative and First Lien Collateral Agent under such First Lien Loan Documents effecting such Refinancing shall be First Lien Representative or First Lien Collateral Agent respectively for all purposes of this Agreement. Upon receipt of a Designation from the Company in accordance with Section 8.7(b)(2) and an agreement (in a writing addressed to Second Lien Representative and Second Lien Collateral Agent for the benefit of itself and the Second Lien Claimholders) from each First Lien Representative and First Lien Collateral Agent under such First Lien Loan Documents to be bound by the terms of this Agreement, each Second Lien Representative and Second Lien Collateral Agent shall promptly deliver to such First Lien Collateral Agent any Pledged Collateral held by it together with any necessary endorsements (or otherwise allow such First Lien Collateral Agent to obtain control of such Pledged Collateral). This Section 5.6(a) shall survive termination of this Agreement.
When Discharge of Obligations Deemed to Not Have Occurred. (a) [Reserved.]
