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.
Appears in 4 contracts
Samples: First Supplemental Indenture (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)
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.
Appears in 3 contracts
Samples: Indenture (Biora Therapeutics, Inc.), Supplemental Indenture (Biora Therapeutics, Inc.), Supplemental Indenture (Biora Therapeutics, Inc.)
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.
Appears in 2 contracts
Samples: NanoString Technologies Inc, NanoString Technologies Inc
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.
Appears in 2 contracts
Samples: Luminar Technologies, Inc./De, Luminar Technologies, Inc./De
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.
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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.
Appears in 1 contract
Samples: Invitae Corp
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Invitae Corp
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.
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