LOAN PARTIES WILL USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE
HOLDER OF SUCH INDEBTEDNESS IN RESPECT OF ANY REAL ESTATE OWNED OR ACQUIRED BY
ANY LOAN PARTY TO ENTER INTO A COLLATERAL ACCESS AGREEMENT PROVIDING FOR ACCESS
AND USE OF THE APPLICABLE PERSONAL PROPERTY LOCATED ON SUCH PREMISES FOLLOWING
THE OCCURRENCE AND DURING THE CONTINUANCE OF AN EVENT OF DEFAULT ON TERMS
REASONABLY SATISFACTORY TO THE AGENT;
(F) CAPITAL LEASE OBLIGATIONS AND SYNTHETIC LEASE OBLIGATIONS INCURRED BY THE
BORROWER OR ANY SUBSIDIARY IN RESPECT OF ANY SALE AND LEASE-BACK TRANSACTION
THAT IS PERMITTED UNDER SECTION 6.06;
(G) INDEBTEDNESS WHICH REPRESENTS AN EXTENSION, REFINANCING, REFUNDING,
REPLACEMENT OR RENEWAL OF ANY OF THE INDEBTEDNESS DESCRIBED IN CLAUSES (B), (E),
(F), (G), (J), (K), (L), (T), (V) AND (W) HEREOF; PROVIDED THAT, (I) THE
PRINCIPAL AMOUNT (OR ACCRETED VALUE, IF APPLICABLE) THEREOF DOES NOT EXCEED THE
PRINCIPAL AMOUNT (OR ACCRETED VALUE, IF APPLICABLE) OF THE INDEBTEDNESS SO
EXTENDED, REFINANCED, REFUNDED, REPLACED OR RENEWED, EXCEPT BY AN AMOUNT EQUAL
TO UNPAID ACCRUED INTEREST AND PREMIUM (INCLUDING APPLICABLE PREPAYMENT
PENALTIES) THEREON PLUS FEES AND EXPENSES REASONABLY INCURRED IN CONNECTION
THEREWITH, (II) ANY LIENS SECURING SUCH INDEBTEDNESS ARE NOT EXTENDED TO ANY
ADDITIONAL PROPERTY OF ANY LOAN PARTY, (III) NO LOAN PARTY THAT IS NOT
ORIGINALLY OBLIGATED WITH RESPECT TO REPAYMENT OF SUCH INDEBTEDNESS IS REQUIRED
TO BECOME
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OBLIGATED WITH RESPECT THERETO, (IV) OTHER THAN IN RESPECT TO INDEBTEDNESS
REFERRED TO IN CLAUSE (E)(II), SUCH EXTENSION, REFINANCING, REFUNDING,
REPLACEMENT OR RENEWAL DOES NOT RESULT IN A SHORTENING OF THE AVERAGE WEIGHTED
MATURITY OF THE INDEBTEDNESS SO EXTENDED, REFINANCED, REFUNDED, REPLACED OR
RENEWED, (V) IF THE INDEBTEDNESS THAT IS EXTENDED, REFINANCED, REFUNDED,
REPLACED OR RENEWED WAS SUBORDINATED IN RIGHT OF PAYMENT TO THE SECURED
OBLIGATIONS, THEN THE TERMS AND CONDITIONS OF THE EXTENSION, REFINANCING,
REFUNDING, REPLACEMENT OR RENEWAL INDEBTEDNESS MUST INCLUDE SUBORDINATION TERMS
AND CONDITIONS THAT ARE AT LEAST AS FAVORABLE TO THE LENDERS AS THOSE THAT WERE
APPLICABLE TO THE EXTENDED, REFINANCED, REFUNDED, REPLACED OR RENEWED
INDEBTEDNESS AND (VI) WITH RESPECT TO ANY SUCH EXTENSION, REFINANCING,
REFUNDING, REPLACEMENT OR RENEWAL OF THE SENIOR SECURED TERM LOAN FACILITY OR
ANY TERM LOAN PARI PASSU LIEN OBLIGATIONS, SUCH REFINANCING INDEBTEDNESS, IF
SECURED, IS SECURED ONLY BY ASSETS OF THE LOAN PARTIES THAT CONSTITUTE
COLLATERAL FOR THE OBLIGATIONS PURSUANT TO A SECURITY AGREEMENT SUBJECT TO THE
INTERCREDITOR AGREEMENT OR ANOTHER INTERCREDITOR AGREEMENT THAT IS NO LESS
FAVORABLE TO THE SECURED PARTIES THAN THE INTERCREDITOR AGREEMENT;
(H) INDEBTEDNESS OWED TO ANY PERSON PROVIDING WORKERS' COMPENSATION, HEALTH,
DISABILITY OR OTHER EMPLOYEE BENEFITS OR PROPERTY, CASUALTY OR LIABILITY
INSURANCE, PURSUANT TO REIMBURSEMENT OR INDEMNIFICATION OBLIGATIONS TO SUCH
PERSON, IN EACH CASE INCURRED IN THE ORDINARY COURSE OF BUSINESS;
(I) INDEBTEDNESS OF THE BORROWER OR ANY SUBSIDIARY IN RESPECT OF PERFORMANCE
BONDS, BID BONDS, APPEAL BONDS, SURETY BONDS, PERFORMANCE AND COMPLETION
GUARANTEES AND SIMILAR OBLIGATIONS, OR OBLIGATIONS IN RESPECT OF LETTERS OF
CREDIT, BANK GUARANTEES OR SIMILAR INSTRUMENTS RELATED THERETO, IN EACH CASE
PROVIDED IN THE ORDINARY COURSE OF BUSINESS;
(J)