Appointment as Collateral Agent. The Lender Agent and each Permitted Secured Debt Representative executing and acknowledging this Agreement hereby appoints (and/or confirms the appointment of), and each Other Permitted Credit Exposure Holder and future Permitted Secured Debt Representative that has signed an acknowledgment to the Original Intercreditor Agreement, the Amended and Restated Intercreditor Agreement or the Second Amended and Restated Intercreditor Agreement, or that signs this Agreement or an acknowledgment hereto, by such signing, and the Existing Holdings Senior Notes Trustee pursuant to the Existing Holdings Senior Notes Indenture or by having signed an acknowledgment to a Predecessor Intercreditor Agreement, appoints (and/or confirms the appointment of) Deutsche Bank Trust Company Americas to serve as collateral agent and representative of each such Secured Party under each of the Collateral Documents and the Loan Guaranties (in such capacity, together with its successors in such capacity, the “Collateral Agent”) and authorizes Collateral Agent to act as agent for the Secured Parties for the purpose of executing and delivering, on behalf of all such Secured Parties, the Pledge Agreement and, on behalf of the Lender Agent, the Other Permitted Credit Exposure Holders and the Permitted Secured Debt Representatives (the “Senior Secured Parties”), the Security Agreement, the Loan Guaranties (in each case as applicable) and any other documents or instruments related to any of the foregoing or necessary to perfect the same and, subject to the provisions of this Agreement, for the purpose of enforcing the Secured Parties’ rights in respect of the Domestic Collateral and the obligations of the Grantors under the Collateral Documents and obligations of the Loan Guarantors under the Loan Guaranties.
Appointment as Collateral Agent. Each Creditor Party executing this Agreement, and High Yield Trustee and each High Yield Noteholder, by its acceptance of the benefits of the Collateral Documents and of this Agreement, (i) appoints Bank of America to serve as collateral agent and representative of each such Secured Party (to the extent applicable) under this Agreement and each of the Collateral Documents (in such capacity, together with its successors in such capacity, the "COLLATERAL AGENT") and (ii) irrevocably authorizes Collateral Agent to act as agent for the Secured Parties for the purpose of executing and delivering, on behalf of all such Secured Parties, the Collateral Documents and, subject to the provisions of this Agreement, for the purpose of exercising such powers, rights and remedies hereunder and under the other Collateral Documents as are specifically delegated or granted to Collateral Agent by the terms hereof and thereof, together with such powers, rights and remedies as are reasonably incidental thereto. For the avoidance of doubt, it is understood and agreed that the Collateral Agent is the "Secured Party" or, as the case may be, the "Mortgagee" referred to in the Collateral Documents. Each Creditor Party and Collateral Agent, and High Yield Trustee and each High Yield Noteholder, by its acceptance of the benefits of the Collateral Documents and this Agreement, hereby appoint each other Secured Party as agent for the purpose of perfecting Collateral Agent's security interest in Collateral that, in accordance with the UCC, can be perfected by possession or control.
Appointment as Collateral Agent. Each Secured Party irrevocably appoints the Collateral Agent to act as Collateral Agent under this Agreement and any other agreements affecting the Collateral for the benefit of such Secured Party, with full authority to take such actions, and to exercise such powers, on behalf of the Secured Parties in respect of this Agreement and the other agreements with respect to the Collateral as are herein and therein respectively delegated to the Collateral Agent or as are reasonably incidental to those delegated powers. The Collateral Agent in such capacity shall be deemed to be an independent contractor of the Secured Parties. Each Secured Party hereby expressly agrees that, unless requested by the Collateral Agent upon the concurrence of the Required Secured Parties, none of the Secured Parties will take or cause to be taken, in respect of the Obligations or the Collateral, any action or remedy that is independent from the actions or remedies taken or to be taken (or the decision not to take any action or remedy) by the Collateral Agent.
Appointment as Collateral Agent. (a) The Agent on behalf of the Lenders and each Selected Revolving Lender with respect to which a written notice has been received pursuant to Section 32(n)(iii) hereof hereby appoints Bank of America, N.A. to serve as collateral agent and representative of the Agent (the “Collateral Agent”) and authorizes the Collateral Agent to act as agent for the Agent for the purposes of executing and delivering on its behalf the Collateral Documents and, subject to the provisions of this Agreement, enforcing the Agent’s rights in respect of the Collateral and the obligations of each Loan Party under the Collateral Documents.
Appointment as Collateral Agent. The Lender Agent and each Permitted Secured Debt Representative executing and acknowledging this Agreement hereby appoints (and/or confirms the appointment of), and each Other Permitted Credit Exposure Holder and future Permitted Secured Debt Representative that has signed an acknowledgment to the Original Intercreditor Agreement, the Amended and Restated Intercreditor Agreement, the Second Amended and Restated Intercreditor Agreement or the Third Amended and Restated Intercreditor Agreement, or that signs this Agreement or an acknowledgment hereto, by such signing, appoints (and/or confirms the appointment of) Deutsche Bank AG New York Branch to serve as collateral agent and representative of each such Secured Party under each of the Collateral Documents and the Loan Guaranties (in such capacity, together with its successors in such capacity, “Collateral Agent”) and authorizes Collateral Agent to act as agent for the Secured Parties for the purpose of executing and delivering, on behalf of all such Secured Parties, the Security Agreement, the Pledge Agreement, the Loan Guaranties (in each case as applicable) and any other documents or instruments related to any of the foregoing or necessary to perfect the security interests created thereunder and, subject to the provisions of this Agreement, for the purpose of enforcing the Secured Parties’ rights in respect of the Domestic Collateral and the obligations of the Grantors under the Collateral Documents and obligations of the Loan Guarantors under the Loan Guaranties.
Appointment as Collateral Agent. Subject to the terms and conditions hereof, each of the Grantor and the Performance Guarantor hereby appoints the Collateral Agent and the Collateral Agent hereby accepts such appointment to act as Collateral Agent pursuant to the terms of this Agreement. The Collateral Agent acknowledges the grant of the Security Interest upon the issuance of the AgVantage Bonds under the Bond Purchase Agreement, accepts the trusts under this Agreement in accordance with the provisions of this Agreement, and agrees to perform its duties in this Agreement to the end that the interests of the AgVantage Bond Holder and the Bond Guarantor may be adequately and effectively protected.
Appointment as Collateral Agent. Each Investor hereby irrevocably appoints and authorizes the Collateral Agent, as its sole representative, and by this appointment, the Collateral Agent is hereby authorized and empowered (a) to receive and distribute all payments due by the Company under the Debentures, (b) in the event that the Company is in default under the terms of the Debentures, to notify the Company and each Investor of such default, and (c) to execute and deliver, on its behalf, an intercreditor agreement (the "Xxxxx Fargo Intercreditor Agreement") with Xxxxx Fargo Credit, Inc. ("Xxxxx Fargo"). Each Investor represents, warrants and covenants to the other Investors and the Collateral Agent that it shall not take any action in connection with the Debentures, the Mortgages, the Intercreditor Agreement, unless instructed in writing to do so by the Investors holding in excess of 50% of the Ownership Interests.
Appointment as Collateral Agent. (a) Lender and Cabox-Xxxxxx xxxeby designate and appoint the Voting Trustees from time to time in place under the Voting Trust Agreement, and in their capacity as the initial Voting Trustees, Mr. Xxxxx X. Xxxxxxxx and Sidnxx X. Xxxxxxxxx, Xxq., to act as bailee and collateral agent for Lender and Cabox-Xxxxxx xxx purposes of perfecting the pledge and assignment of and holding the Pledged Collateral (as defined below). Larrx X.
Appointment as Collateral Agent. (a) The Agent on behalf of the Lenders hereby appoints Bank of America, N.A. to serve as collateral agent and representative of the Agent (the "COLLATERAL AGENT") and authorizes the Collateral Agent to act as agent for the Agent for the purposes of executing and delivering on its behalf the Collateral Documents and, subject to the provisions of this Agreement, enforcing the Agent's rights in respect of the Collateral and the obligations of each Loan Party under the Collateral Documents.
Appointment as Collateral Agent. Existing Agent (on behalf of itself and Existing Lenders) and New Agent (on behalf of itself and New Lenders) each hereby appoints, and each Successor Lender, Successor Agent (on behalf of itself and the Successor Lenders for whom it is acting as agent) or Interest Rate Exchanger signing an acknowledgement hereto by such signing appoints, Bankers Trust Company to serve as Collateral Agent, and authorizes Collateral Agent to act as agent for such Secured Parties for the purposes of (i) executing and delivering this Agreement and the Collateral Documents on behalf of such Secured Parties and (ii) subject to the provisions of this Agreement, enforcing Secured Parties' rights under the Subsidiary Guaranty and in respect of the Collateral and enforcing the obligations of Loan Parties under the Subsidiary Guaranty and the Collateral Documents.
