Common use of Agents under Collateral Documents and Guarantee Clause in Contracts

Agents under Collateral Documents and Guarantee. Each Secured Party hereby further authorizes the Administrative Agent or the Collateral Agent, as applicable, on behalf of and for the benefit of the Secured Parties, to be the agent for and representative of the Secured Parties with respect to the Guarantee, the Collateral and the Loan Documents; provided that neither the Administrative Agent nor the Collateral Agent shall owe any fiduciary duty, duty of loyalty, duty of care, duty of disclosure or any other obligation whatsoever to any holder of Obligations with respect to any Hedging Agreement or any holder of Treasury Management Obligations. Subject to Section 10.02, without further written consent or authorization from any Secured Party, the Administrative Agent or the Collateral Agent, as applicable, may execute any documents or instruments necessary to (i) in connection with a sale or disposition of assets permitted by this Agreement, release any Lien encumbering any item of Collateral that is the subject of such sale or other disposition of assets or to which the Required Lenders (or such other Lenders as may be required to give such consent under Section 10.02) have otherwise consented or (ii) release any Subsidiary Guarantor from the Guarantee pursuant to Section 7.09 or with respect to which the Required Lenders (or such other Lenders as may be required to give such consent under Section 10.02) have otherwise consented.

Agents under Collateral Documents and Guarantee. Each Secured Party hereby further authorizes the Administrative Agent or the Collateral Agent, as applicable, on behalf of and for the benefit of the Secured Parties, to be the agent for and representative of the Secured Parties with respect to the Guarantee, the Collateral and the Loan Collateral Documents; provided that neither the Administrative Agent nor the Collateral Agent shall owe any fiduciary duty, duty of loyalty, duty of care, duty of disclosure or any other obligation whatsoever to any holder of Obligations with respect to any Hedging Agreement or any holder of Treasury Management Obligations. Subject to Section 10.0210.5, without further written consent or authorization from any Secured Party, the Administrative Agent or the Collateral Agent, as applicable, applicable may execute any documents or instruments necessary to (i) in connection with a sale or disposition of assets permitted by this Agreement, release any Lien encumbering any item of Collateral that is the subject of such sale or other disposition of assets or to which the Required Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.0210.5) have otherwise consented or (ii) release any Subsidiary Guarantor from the Guarantee pursuant to Section 7.09 7.12 or with respect to which the Required Requisite Lenders (or such other Lenders as may be required to give such consent under Section 10.0210.5) have otherwise consented; provided, further, that no such release shall occur if such asset secures, or such Guarantor is an obligor or a guarantor in respect of, the ABL Loan Agreement, the Senior Unsecured Notes Indenture, any Incremental Equivalent Debt, any Ratio Debt or any Refinancing Indebtedness.

Agents under Collateral Documents and Guarantee. Each Secured Party (including each counterparty to a Specified Hedging Agreement and each Bank Product Provider, who by acceptance of the benefits of the Security Documents shall be deemed to have appointed the Administrative Agent and Collateral Agent as set forth herein) hereby further authorizes the Administrative Agent or the Collateral Agent, as applicable, on behalf of and for the benefit of the Secured Parties, to be the agent for and representative of the Secured Parties with respect to the Guarantee, the Collateral and the Loan Documents; provided that neither the Administrative Agent nor the Collateral Agent shall owe any fiduciary duty, duty of loyalty, duty of care, duty of disclosure or any other obligation whatsoever to any holder of Obligations with respect to any Specified Hedging Agreement or any holder of Treasury Management ObligationsBank Product Agreement. Subject to Section 10.02‎Section 11.02, without further written consent or authorization from any Secured Party, the Administrative Agent or the Collateral Agent, as applicable, may execute any documents or instruments necessary to (i) in connection with a sale or disposition of assets permitted by this Agreement, release any Lien encumbering any item of Collateral that is the subject of such sale or other disposition of assets or to which the Required Lenders (or such other Lenders as may be required to give such consent under Section 10.02‎Section 11.02) have otherwise consented or (ii) release any Subsidiary Guarantor from the Guarantee pursuant to Section ‎Section 7.09 or with respect to which the Required Lenders (or such other Lenders as may be required to give such consent under Section 10.02‎Section 11.02) have otherwise consented.. 140