Controlling Collateral Agent definition

Controlling Collateral Agent means (i) until the earlier of (x) the Discharge of Credit Agreement Obligations and (y) the Non-Controlling Authorized Representative Enforcement Date, the Credit Agreement Collateral Agent and (ii) from and after the earlier of (x) the Discharge of Credit Agreement Obligations and (y) the Non-Controlling Authorized Representative Enforcement Date, the Additional Collateral Agent (acting on the instructions of the Applicable Authorized Representative).

Controlling Collateral Agent means, with respect to any Shared Collateral, (i) until the earlier of (x) the Discharge of Credit Agreement Obligations and (y) the Non-Controlling Authorized Representative Enforcement Date with respect to such Shared Collateral, the Credit Agreement Collateral Agent; and (ii) from and after the earlier of (x) the Discharge of Credit Agreement Obligations and (y) the Non-Controlling Authorized Representative Enforcement Date with respect to such Shared Collateral, the Collateral Agent for the Controlling Secured Parties (acting on the instructions of the Applicable Authorized Representative).

Controlling Collateral Agent means, with respect to any Shared Collateral, (i) from and after the incurrence of the Working Capital Facility Obligations until the Discharge of Working Capital Facility Obligations, the Working Capital Facility Collateral Agent, and (ii) until the Discharge of Interim Notes Obligations, provided that no Working Capital Facility Obligations are outstanding, the Primary Notes Collateral Agent.

Examples of Controlling Collateral Agent in a sentence

• The exculpatory provisions of this Article shall apply to any such sub-agent and to the Affiliates of the Applicable Authorized Representative and/or Controlling Collateral Agent and any such sub-agent; provided, however that in no event shall any Applicable Authorized Representative or Controlling Collateral Agent be responsible or liable to any other First Lien Secured Party for any misconduct or negligence on the part of any such sub-agent appointed with due care.

• As between the First Lien Secured Parties, the Controlling Collateral Agent shall have the right, but not any obligation, to adjust or settle any insurance policy or claim covering or constituting Shared Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding affecting the Shared Collateral.

• If in connection with any such foreclosure or other exercise of remedies the Controlling Collateral Agent releases any guarantor from its obligations under a guarantee of the First Lien Obligations for which it serves as agent, then such guarantor will also be released from its guarantee of all other First Lien Obligations.

• The Applicable Authorized Representative and each Controlling Collateral Agent shall not have any duties or obligations except those expressly set forth herein and, with respect to the Notes Trustee and the Notes Collateral Agent, in the Indenture and the applicable Notes Collateral Documents (subject in each case to the benefits, immunities, indemnities, privileges, protections and rights of the Notes Trustee and Notes Collateral Agent pursuant to the Indenture and such Notes Collateral Documents).

• Notwithstanding the equal priority of the Liens on the Shared Collateral, the Applicable Authorized Representative and Controlling Collateral Agent may deal with the Shared Collateral as if such Applicable Authorized Representative and Controlling Collateral Agent had a senior Lien on such Collateral.

More Definitions of Controlling Collateral Agent

Controlling Collateral Agent means (i) with respect to Collateral that is also subject to Liens granted under any First Lien Document: at all times prior to the First Pledge Lien Termination Date, the Administrative Agent and, thereafter, the Note Collateral Agent; and (ii) with respect to Collateral that is not subject to any Lien granted under any First Lien Document: at all times, the Note Collateral Agent.

Controlling Collateral Agent has the meaning given to such term in the First Lien Intercreditor Agreement.

Controlling Collateral Agent means the “Applicable Authorized Representative” as defined in the Pari Passu Intercreditor Agreement.

Controlling Collateral Agent means, with respect to any Shared Collateral, (a) until the Controlling Collateral Agent Change Date, the Senior Credit Facilities Collateral Agent and (b) from and after the Controlling Collateral Agent Change Date, the Major Non-Controlling Collateral Agent.

Controlling Collateral Agent means, with respect to any Shared Collateral, (1) until the earlier of (a) the Discharge of First Lien Obligations that are Senior Credit Facility Obligations and (b) the Non-Controlling Collateral Agent Enforcement Date, the Bank Collateral Agent and (2) from and after the earlier of (a) the Discharge of First Lien Obligations that are Senior Credit Facility Obligations and (b) the Non-Controlling Collateral Agent Enforcement Date, the Major Non-Controlling Collateral Agent.

Controlling Collateral Agent means, with respect to any Shared Collateral, the Collateral Agent designated as the Controlling Collateral Agent pursuant to the Equal Priority Intercreditor Agreement.

Controlling Collateral Agent means, with respect to any Shared Collateral, (1) until the earlier of (a) the Discharge of First Lien Revolving Credit Agreement Obligations and (b) the Non-Controlling Authorized Representative Enforcement Date, the First Lien Revolving Credit Agreement Collateral Agent acting on the written instructions of the Required First Lien Credit Agreement Secured Parties, (2) from and after the earlier of (a) the Discharge of First Lien Revolving Credit Agreement Obligations and (b) the Non-Controlling Authorized Representative Enforcement Date, the First Lien Term Loan Collateral Agent acting on the written instructions of the Required First Lien Term Loan Lenders, and (3) from and after the earlier of (a) the Discharge of First Lien Credit Agreement Obligations and (b) the Non-Controlling Authorized Representative Enforcement Date, the Controlling Collateral Agent will be the Collateral Agent (other than the First Lien Revolving Credit Agreement Collateral Agent and the First Lien Term Loan Collateral Agent) of the Series of First Lien Obligations that constitutes the largest outstanding principal amount of any then outstanding Series of First Lien Obligations (excluding the Series of First Lien Revolving Credit Agreement Obligations and the Series of First Lien Term Loan Obligations) with respect to such Shared Collateral; provided, that if the Notes Collateral Agent is the Controlling Collateral Agent, it shall act pursuant to instructions from the Holders of a majority of the Notes outstanding. With respect to any Shared Collateral, no Non-Controlling Authorized Representative (as defined in the First Lien Intercreditor Agreement) or other Non-Controlling Secured Party (as defined in the First Lien Intercreditor Agreement) shall or shall instruct the Controlling Collateral Agent to, commence any judicial or nonjudicial foreclosure proceedings with respect to, seek to have a trustee, receiver, liquidator or similar official appointed for or over, attempt any action to take possession of, exercise any right, remedy or power with respect to, or otherwise take any action to enforce its security interest in or realize upon, or take any other action available to it in respect of, any Shared Collateral.