Common use of Acceptance by Collateral Agent Clause in Contracts

Acceptance by Collateral Agent. Any successor Collateral Agent appointed as provided in Section 8.10 shall execute, acknowledge and deliver to the Issuer and to its predecessor Collateral Agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent shall become effective and such successor Collateral Agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer or of the successor Collateral Agent, the Collateral Agent ceasing to act shall, at the expense of the Issuer and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture, execute and deliver an instrument transferring to such successor Collateral Agent all the rights and powers of the Collateral Agent so ceasing to act. Upon request of any such Collateral Agent, the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent all such rights and powers. Any Collateral Agent ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 of the Base Indenture. No successor Collateral Agent shall accept appointment as provided in this Section 8.11 unless at the time of such acceptance such successor Collateral Agent shall be eligible under the provisions of Section 6.09 of the Base Indenture.

Acceptance by Collateral Agent. Any successor Collateral Agent collateral agent appointed as provided in Section 8.10 7.14 shall execute, acknowledge and deliver to the Issuer Company and to its predecessor Collateral Agent collateral agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent collateral agent shall become effective and such successor Collateral Agentcollateral agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer Company or of the successor Collateral Agentcollateral agent, the Collateral Agent collateral agent ceasing to act shall, at the expense of the Issuer Company and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture7.06, execute and deliver an instrument transferring to such successor Collateral Agent collateral agent all the rights and powers of the Collateral Agent trustee so ceasing to act. Upon request of any such Collateral Agentcollateral agent, the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent collateral agent all such rights and powers. Any Collateral Agent 57 collateral agent ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent collateral agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 of the Base Indenture7.06. No successor Collateral Agent collateral agent shall accept appointment as provided in this Section 8.11 7.15 unless at the time of such acceptance acceptance, such successor Collateral Agent collateral agent shall be eligible under the provisions of Section 6.09 7.08. Upon acceptance of appointment by a successor collateral agent as provided in this Section 7.15, each of the Base IndentureCompany and the successor collateral agent, at the written direction and at the expense of the Company, shall give or cause to be given notice of the succession of such collateral agent hereunder to the Holders in accordance with Section 19.03. If the Company fails to give such notice within ten days after acceptance of appointment by the successor collateral agent, the successor collateral agent shall cause such notice to be given at the expense of the Company.

Acceptance by Collateral Agent. Any successor Collateral Agent appointed as provided in Section 8.10 12.10 shall execute, acknowledge and deliver to the Issuer Company and to its predecessor Collateral Agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent shall become effective and such successor Collateral Agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer Company or of the successor Collateral Agent, the Collateral Agent ceasing to act shall, at the expense of the Issuer Company and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture10.06, execute and deliver an instrument transferring to such successor Collateral Agent all the rights and powers of the Collateral Agent so ceasing to act. Upon request of any such Collateral Agent, the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent all such rights and powers. Any Collateral Agent ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 of the Base Indenture10.06. No successor Collateral Agent shall accept appointment as provided in this Section 8.11 12.11 unless at the time of such acceptance such successor Collateral Agent shall be eligible under the provisions of Section 6.09 10.09. Upon acceptance of appointment by a successor Xxxxxxxxxx Agent as provided in Section 12.10, each of the Base IndentureCompany and the successor Collateral Agent, at the written direction and at the expense of the Company, shall give or cause to be given notice of the succession of such Collateral Agent hereunder to the Holders in accordance with Section 11.01. If the Company fails to give such notice within ten days after acceptance of appointment by the successor Collateral Agent, the successor Collateral Agent shall cause such notice to be given at the expense of the Company.

Acceptance by Collateral Agent. Any successor Collateral Agent appointed as provided in Section 8.10 11.07 shall execute, acknowledge and deliver to the Issuer Company and to its predecessor Collateral Agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent shall become effective and such successor Collateral Agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer Company or of the successor Collateral Agent, the Collateral Agent ceasing to act shall, at the expense of the Issuer Company and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture10.06, execute and deliver an instrument transferring to such successor Collateral Agent all the rights and powers of the Collateral Agent so ceasing to act. Upon request of any such Collateral Agent, the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent all such rights and powers. Any Collateral Agent ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 10.06. Upon acceptance of the Base Indenture. No appointment by a successor Collateral Xxxxxxxxxx Agent shall accept appointment as provided in this Section 8.11 unless 11.08, each of the Company and the successor Collateral Agent, at the time written direction and at the expense of the Company, shall give or cause to be given notice of the succession of such Collateral Agent hereunder to the Holders in accordance with Section 13.01. If the Company fails to give such notice within ten (10) days after acceptance such of appointment by the successor Collateral Agent, the successor Collateral Agent shall cause such notice to be eligible under given at the provisions of Section 6.09 expense of the Base IndentureCompany. Section 11.09.

Acceptance by Collateral Agent. Any successor The Collateral Agent appointed hereby agrees to act as provided in Section 8.10 shall execute, acknowledge and deliver agent for the Secured Parties pursuant to the Issuer terms and conditions of, and to fully and timely perform its predecessor Collateral Agent an instrument accepting such appointment hereunderduties under, this Agreement until the satisfaction in full in cash and thereupon the resignation or removal discharge of the predecessor Collateral Agent shall become effective Secured Obligations. By its execution and such successor Collateral Agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations delivery of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer or of the successor Collateral Agentthis Agreement, the Collateral Agent ceasing to act shallaccepts its appointment as Collateral Agent and agrees to, at the expense of the Issuer among other things and in all cases subject to payment of any amounts then due pursuant to Section 3 and 5(i) hereof: (i) take the provisions of Section 6.06 of the Base Indenture, execute actions and deliver an instrument transferring to such successor Collateral Agent all otherwise exercise the rights and powers perform the duties described in Section 2(a) above; (ii) notify each Secured Party of the occurrence of an Event of Default of which it has actual knowledge and any material adverse change or development in the perfection of the security interest of the Collateral Agent so ceasing to act. Upon request of any such Collateral Agent, the Issuer shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent all such rights and powers. Any Collateral Agent ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent as such, except for funds held in trust for the benefit of the Secured Parties, in the Collateral of which it has actual knowledge; (iii) release Collateral in accordance with the written instructions of the Required Holders; (iv) upon the occurrence of an Event of Default of which it has knowledge, solicit and rely upon direction from the Required Holders of particular Notes, as to secure any amounts then due it pursuant disposition or other action with respect to the provisions of Section 6.06 Collateral; (v) effectuate any reasonable actions called for by the Required Holders; and (vi) sell, liquidate or cause to be sold or liquidated the Collateral in a commercially reasonable manner in accordance with the written instructions of the Base IndentureRequired Holders. No successor Notwithstanding anything herein or elsewhere to the contrary, it is expressly understood and agreed among the parties hereto that the Collateral Agent shall accept appointment as provided in this Section 8.11 unless at have no duty or responsibility for preparing, maintaining or filing any financing statements (including, without limitation, any continuation statements or financing statement amendments) and the time of such acceptance such successor Collateral Agent shall be eligible under the provisions of Section 6.09 hereby authorizes any of the Base IndentureSecured Parties to file financing statements naming the Collateral Agent as the secured party, as the collateral agent for the Secured Parties, with respect to the Collateral and the Secured Obligations. The Secured Parties shall have the sole responsibility for any such filings.

Acceptance by Collateral Agent. Any successor Collateral Agent collateral agent appointed as provided in Section 8.10 7.14 shall execute, acknowledge and deliver to the Issuer Company and to its predecessor Collateral Agent collateral agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent collateral agent shall become effective and such successor Collateral Agentcollateral agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer Company or of the successor Collateral Agentcollateral agent, the Collateral Agent collateral agent ceasing to act shall, at the expense of the Issuer Company and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture7.06, execute and deliver an instrument transferring to such successor Collateral Agent collateral agent all the rights and powers of the Collateral Agent trustee so ceasing to act. Upon request of any such Collateral Agentcollateral agent, the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent collateral agent all such rights and powers. Any Collateral Agent collateral agent ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent collateral agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 of the Base Indenture. No successor Collateral Agent shall accept appointment as provided in this Section 8.11 unless at the time of such acceptance such successor Collateral Agent shall be eligible under the provisions of Section 6.09 of the Base Indenture7.06.

Acceptance by Collateral Agent. Any successor Collateral Agent collateral agent appointed as provided in Section 8.10 7.14 shall execute, acknowledge and deliver to the Issuer Company and to its predecessor Collateral Agent collateral agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent collateral agent shall become effective and such successor Collateral Agentcollateral agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer Company or of the successor Collateral Agentcollateral agent, the Collateral Agent collateral agent ceasing to act shall, at the expense of the Issuer Company and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture7.06, execute and deliver an instrument transferring to such successor Collateral Agent collateral agent all the rights and powers of the Collateral Agent trustee so ceasing to act. Upon request of any such Collateral Agentcollateral agent, the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent collateral agent all such rights and powers. Any Collateral Agent collateral agent ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent collateral agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 of the Base Indenture. No 0.00.Xx successor Collateral Agent collateral agent shall accept appointment as provided in this Section 8.11 7.15 unless at the time of such acceptance acceptance, such successor Collateral Agent collateral agent shall be eligible under the provisions of Section 6.09 7.08. Upon acceptance of appointment by a successor collateral agent as provided in this Section 7.15, each of the Base IndentureCompany and the successor collateral agent, at the written direction and at the expense of the Company, shall give or cause to be given notice of the succession of such collateral agent hereunder to the Holders in accordance with Section 19.03. If the Company fails to give such notice within ten days after acceptance of appointment by the successor collateral agent, the successor collateral agent shall cause such notice to be given at the expense of the Company.

Acceptance by Collateral Agent. Any successor Collateral Agent collateral agent appointed as provided in Section 8.10 7.14 shall execute, acknowledge and deliver to the Issuer Company and to its predecessor Collateral Agent collateral agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent collateral agent shall become effective and such successor Collateral Agentcollateral agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer Company or of the successor Collateral Agentcollateral agent, the Collateral Agent collateral agent ceasing to act shall, at the expense of the Issuer Company and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture7.06, execute and deliver an instrument transferring to such successor Collateral Agent collateral agent all the rights and powers of the Collateral Agent trustee so ceasing to act. Upon request of any such Collateral Agentcollateral agent, the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent collateral agent all such rights and powers. Any Collateral Agent collateral agent ceasing to act shall, nevertheless, retain a senior claim lien to which the Notes are hereby xxxxxx made subordinate on all money or property held or collected by such Collateral Agent collateral agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 of the Base Indenture7.06. No successor Collateral Agent collateral agent shall accept appointment as provided in this Section 8.11 7.15 unless at the time of such acceptance acceptance, such successor Collateral Agent collateral agent shall be eligible under the provisions of Section 6.09 7.08. Upon acceptance of appointment by a successor collateral agent as provided in this Section 7.15, each of the Base IndentureCompany and the successor collateral agent, at the written direction and at the expense of the Company, shall give or cause to be given notice of the succession of such collateral agent hereunder to the Holders in accordance with Section 19.03. If the Company fails to give such notice within ten days after acceptance of appointment by the successor collateral agent, the successor collateral agent shall cause such notice to be given at the expense of the Company.

Acceptance by Collateral Agent. Any successor Collateral Agent appointed as provided in Section 8.10 17.10 shall execute, acknowledge and deliver to the Issuer Company and to its predecessor Collateral Agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent shall become effective and such successor Collateral Agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer Company or of the successor Collateral Agent, the Collateral Agent ceasing to act shall, at the expense of the Issuer Company and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture7.06, execute and deliver an instrument transferring to such successor Collateral Agent all the rights and powers of the Collateral Agent so ceasing to act. Upon request of any such Collateral Agent, the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent all such rights and powers. Any Collateral Agent ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 of the Base Indenture7.06. 100 No successor Collateral Agent shall accept appointment as provided in this Section 8.11 17.11 unless at the time of such acceptance such successor Collateral Agent shall be eligible under the provisions of Section 6.09 7.09. Upon acceptance of appointment by a successor Cxxxxxxxxx Agent as provided in Section 17.10, each of the Base IndentureCompany and the successor Collateral Agent, at the written direction and at the expense of the Company, shall give or cause to be given notice of the succession of such Collateral Agent hereunder to the Holders in accordance with Section 19.03. If the Company fails to give such notice within ten days after acceptance of appointment by the successor Collateral Agent, the successor Collateral Agent shall cause such notice to be given at the expense of the Company.

Acceptance by Collateral Agent. Any successor Collateral Agent collateral agent appointed as provided in Section 8.10 7.14 shall execute, acknowledge and deliver to the Issuer Company and to its predecessor Collateral Agent collateral agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Collateral Agent collateral agent shall become effective and such successor Collateral Agentcollateral agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named as Collateral Agent herein; but, nevertheless, on the written request of the Issuer Company or of the successor Collateral Agentcollateral agent, the Collateral Agent collateral agent ceasing to act shall, at the expense of the Issuer Company and subject to payment of any amounts then due pursuant to the provisions of Section 6.06 of the Base Indenture7.06, execute and deliver an instrument transferring to such successor Collateral Agent collateral agent all the rights and powers of the Collateral Agent trustee so ceasing to act. Upon request of any such Collateral Agentcollateral agent, the Issuer Company shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Collateral Agent collateral agent all such rights and powers. Any Collateral Agent collateral agent ceasing to act shall, nevertheless, retain a senior claim to which the Notes are hereby made subordinate on all money or property held or collected by such Collateral Agent collateral agent as such, except for funds held in trust for the benefit of Holders of particular Notes, to secure any amounts then due it pursuant to the provisions of Section 6.06 of the Base Indenture7.06. No successor Collateral Agent collateral agent shall accept appointment as provided in this Section 8.11 7.15 unless at the time of such acceptance such successor Collateral Agent collateral agent shall be eligible under the provisions of Section 6.09 7.08. Upon acceptance of appointment by a successor collateral agent as provided in this Section 7.15, each of the Base IndentureCompany and the successor collateral agent, at the written direction and at the expense of the Company, shall give or cause to be given notice of the succession of such collateral agent hereunder to the Holders in accordance with Section 19.03. If the Company fails to give such notice within ten days after acceptance of appointment by the successor collateral agent, the successor collateral agent shall cause such notice to be given at the expense of the Company.