Common use of Additional Security Agents Clause in Contracts

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it (i) if it considers that appointment to be appropriate or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower and each of the Agents of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable Indirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Appears in 2 contracts

Samples: Loan Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)

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Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee Security Agent or as a co-trustee Security Agent jointly with it (i) if it considers that appointment to be appropriate in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower Company and each of the Agents Facility Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that any person, and any costs and expenses (together with any applicable Indirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Appears in 2 contracts

Samples: Multipurpose Facilities Agreement (SunOpta Inc.), Multipurpose Facilities Agreement (SunOpta Inc.)

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee Security Agent or as a co-trustee Security Agent jointly with it (i) if it considers that appointment to be appropriate in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower Company and each of the Agents Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that any person, and any costs and expenses (together with any applicable Indirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Alliance Data Systems Corp), Senior Facilities Agreement (Alliance Data Systems Corp)

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it it: (i) if it considers that appointment to be appropriate or in the interests of the Secured Parties; (ii) for the purposes of conforming to any legal requirementsrequirement, restrictions restriction or conditions condition which the Security Agent deems to be relevant or relevant; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower Company and each of the Agents Secured Parties of that appointment. (b) Any person so appointed shall have the rights, powers powers, authorities and discretions (not exceeding those conferred on given to the Security Agent by this Agreementunder or in connection with the Finance Documents) and the duties duties, obligations and obligations responsibilities that are conferred given or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable Indirect Tax) incurred by that person in performing its functions pursuant to that appointment appointment, shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-co trustee jointly with it (i) if it considers that appointment to be appropriate in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower Company and each of the Agents of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable Indirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Appears in 1 contract

Samples: Guarantee Facility Agreement (UTAC Holdings Ltd.)

Additional Security Agents. (a) 31.1 The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-co trustee jointly with it (i) if it considers that appointment to be appropriate in the interests of the Finance Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower Parent and each of the Agents Agent of that appointment. (b) 31.2 Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) 31.3 The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable Indirect TaxVAT) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Appears in 1 contract

Samples: Facility Agreement (Aegean Marine Petroleum Network Inc.)

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it (i) if it considers that appointment to be appropriate in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower Company and each of the Agents Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable Indirect TaxVAT) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent. To: [ ] (as Agent); and [[ ] (as Security Agent)] for itself and each of the other parties to the Facilities Agreement referred to below.

Appears in 1 contract

Samples: Senior Term and Revolving Facilities Agreement (Melrose PLC)

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Additional Security Agents. (a) The A Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it it: (i) if it considers that appointment to be appropriate or appropriate; (ii) for the purposes of conforming to any legal requirementsrequirement, restrictions restriction or conditions condition which the that Security Agent deems to be relevant or relevant; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the that Security Agent shall give prior notice to the Borrower Debtors and each of the Agents Creditors of that appointment. (b) Any person so appointed shall have the rights, powers powers, authorities and discretions (not exceeding those conferred on the given to that Security Agent by this Agreementunder or in connection with the Debt Documents) and the duties duties, obligations and obligations responsibilities that are conferred given or imposed by the instrument of appointment. (c) The remuneration that the a Security Agent may pay to that person, and any costs and expenses (together with any applicable Indirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this AgreementDeed, be treated as costs and expenses incurred by the that Security Agent.

Appears in 1 contract

Samples: Security Trust and Intercreditor Deed

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee security agent or as a co-trustee security agent jointly with it (i) if it considers that appointment to be appropriate in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower Obligors and each of the Agents of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable Indirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Appears in 1 contract

Samples: Intercreditor Agreement (Aluminum Corp of China)

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee agent or as a co-trustee agent jointly with it (i) if it considers that appointment to be appropriate in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Borrower and each of the Agents Facility Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that any person, and any costs and expenses (together with any applicable Indirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Appears in 1 contract

Samples: Secured Facility Agreement (SBS Broadcasting S A)

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