Additional Collateral Agents. (a) Whenever the Collateral Agent shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to the Collateral, or the Collateral Agent shall have been advised by counsel that it is so necessary or prudent in the interests of the Secured Parties, the Collateral Agent shall take such action (including, to the extent required, the execution and delivery of an agreement supplemental hereto and such other instruments and agreements) as may be necessary or proper to constitute another bank or trust company, or one or more Persons approved by the Collateral Agent and, unless an Event of Default has occurred and is continuing, reasonably acceptable to Funding Company, either to act as an additional Collateral Agent of all or any part of the Collateral, jointly with the Collateral Agent, or to act as a separate Collateral Agent or trustee of all or any part of the Collateral (any such additional or separate agent or trustee being herein called an "ADDITIONAL COLLATERAL AGENT"), in any such case with such powers as may be granted pursuant to such action, and to vest in such bank, trust company or Person as an Additional Collateral Agent any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent, subject to the remaining provisions of this SECTION 2.
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Samples: Collateral Agency and Intercreditor Agreement (York Research Corp)
Additional Collateral Agents. (a) 2.9.1 Whenever the Collateral Agent shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Senior Collateral shall be situated or to make any claim or bring any suit with respect to the Senior Collateral, or the Collateral Agent shall have been advised by counsel that it is so necessary or prudent in the interests of the Senior Secured Parties, or in the event that the Collateral Agent shall have been requested to do so by the Intercreditor Agent (acting pursuant to the Intercreditor Agreement), or as otherwise expressly herein, the Collateral Agent shall take such action (including, to the extent required, the execution and delivery of an agreement supplemental hereto and such other instruments and agreements) as may be necessary or proper to constitute another bank or trust company, or one or more Persons approved by the Collateral Agent and, unless an Event of Default has occurred and is continuing, reasonably acceptable to the Partnership and the Funding CompanyCorporation, either to act as an additional Collateral Agent collateral agent of all or any part of the Senior Collateral, jointly with the Collateral Agent, or to act as a separate Collateral Agent collateral agent or trustee of all or any part of the Senior Collateral (any such additional or separate agent or trustee being herein called an "ADDITIONAL COLLATERAL AGENTAdditional Collateral Agent"), in any such case with such powers as may be granted pursuant to such action, and to vest in such bank, trust company or Person as an Additional Collateral Agent any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent, subject to the remaining provisions of this SECTION 2.Section
Appears in 1 contract
Samples: Collateral Agency Agreement (LSP Batesville Funding Corp)
Additional Collateral Agents. (a) Whenever the Collateral Agent shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to the Collateral, or the Collateral Agent shall have been advised by counsel that it is so necessary or prudent in the interests of the Secured Senior Parties, the Collateral Agent shall take such action (including, to the extent required, the execution and delivery of an agreement supplemental hereto and such other instruments and agreements) as may be necessary or proper to constitute another bank or trust company, or one or more Persons approved by the Collateral Agent and, unless an Event of Default has occurred and is continuing, reasonably acceptable to Funding Companythe Partnership, either to act as an additional Collateral Agent collateral agent of all or any part of the Collateral, jointly with the Collateral Agent, or to act as a separate Collateral Agent collateral agent or trustee of all or any part of the Collateral (any such additional or separate agent or trustee being herein called an "ADDITIONAL COLLATERAL AGENT"), in any such case with such powers as may be granted pursuant to such action, and to vest in such bank, trust company or Person as an Additional Collateral Agent any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent, subject to the remaining provisions of this SECTION 26.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (Tenaska Georgia Partners Lp)
Additional Collateral Agents. (a) 2.9.1 Whenever the Collateral Agent shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to the Collateral, or the Collateral Agent shall have been advised by counsel that it is so necessary or prudent in the interests of the Secured Parties, or in the event that the Collateral Agent shall have been requested to do so by the Intercreditor Agent (acting pursuant to the Intercreditor Agreement), or as otherwise expressly provided herein, the Collateral Agent shall take such action (including, to the extent required, the execution and delivery of an agreement supplemental hereto and such other instruments and agreements) as may be necessary or proper to constitute another bank or trust company, or one or more Persons approved by the Collateral Agent and, unless an Event of Default has occurred and is continuing, reasonably acceptable to Funding Companythe Issuer, either to act as an additional Collateral Agent collateral agent of all or any part of the Collateral, jointly with the Collateral Agent, or to act as a separate Collateral Agent collateral agent or trustee of all or any part of the Collateral (any such additional or separate agent or trustee being herein called an "ADDITIONAL COLLATERAL AGENTAdditional ---------- Collateral Agent"), in any such case with such powers as may be granted pursuant ---------------- to such action, and to vest in such bank, trust company or Person as an Additional Collateral Agent any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent, subject to the remaining provisions of this SECTION Section 2.
Appears in 1 contract
Samples: Collateral Agency Agreement (Dominion Resources Inc /Va/)
Additional Collateral Agents. (a) Whenever the Collateral Agent shall deem it necessary or prudent in order either to conform to any law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to the Collateral, or the Collateral Agent shall have been advised by counsel that it is so necessary or prudent in the interests of the Secured Parties, the Collateral Agent shall take such action (including, to the extent required, the execution and delivery of an agreement supplemental hereto and such other instruments and agreements) as may be necessary or proper to constitute another bank or trust company, or one or more Persons approved by the Collateral Agent and, unless an Event of Default has occurred and is continuing, reasonably acceptable to Funding Companythe Issuer, either to act as an additional Collateral Agent collateral agent of all or any part of the Collateral, jointly with the Collateral Agent, or to act as a separate Collateral Agent collateral agent or trustee of all or any part of the Collateral (any such additional or separate agent or trustee being herein called an "ADDITIONAL COLLATERAL AGENTAdditional Collateral Agent"), in any such case with such powers as may be granted pursuant to such action, and to vest in such bank, trust company or Person as an Additional Collateral Agent any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent, subject to the remaining provisions of this SECTION Section 2.
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (Louisiana Generating LLC)