Common use of Appointment as Collateral Agent Clause in Contracts

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 Creditor Party executing this AgreementThe Revolving Facility Agent ------------------------------- on behalf of the Revolving Facility Lenders, the Term Facility Agent on behalf of the Term Facility Lenders, and High Yield Trustee and each High Yield Noteholder, the Lender Counterparties (by its their acceptance of the benefits of the Collateral Documents and of this Agreement, (i) appoints Bank of America hereby severally appoint Fleet to serve as collateral agent the Collateral Agent and representative of the Secured Parties, and each such Secured Party (to and Lender Counterparty authorizes 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 (a) for the purpose purposes of executing and deliveringdelivering on its behalf the Security Documents to be executed and delivered by the Loan Parties and exercising and performing the rights, on behalf duties and obligations of all such Secured Parties, the Collateral Documents Agent thereunder and, subject to the provisions of this Agreement, enforcing the Secured Parties' rights in respect of the Collateral and the obligations of the Loan Parties under the Security Documents, and (b) for the purpose of exercising enforcing the Secured Parties' rights under the Guaranties and the obligations of the Guarantors under the Guaranties. The Collateral Agent hereby accepts such powers, rights appointment and remedies agrees to act as Collateral Agent hereunder and under the other Collateral Documents to enter into and act 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 under each High Yield Noteholder, by its acceptance of the benefits of the Collateral Security 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, Guaranties in accordance with the UCC, can be perfected by possession or controlterms thereof and of this Agreement.

Appointment as Collateral Agent. Each Creditor Secured 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 AGENTAgent") 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 Secured 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, Agent hereby appoint appoints 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 Creditor Secured 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 Secured 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, Agent hereby appoint appoints 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 Creditor Party executing this AgreementThe Current Credit Agent and the Senior Note Trustees, and High Yield Trustee each Credit Agent, Lender, Interest Rate Exchanger and each High Yield NoteholderCurrency Exchanger signing an acknowledgment hereto, by its acceptance of the benefits of the Collateral Documents and of this Agreement, (i) such signing appoints Bank of America Bankers Trust Company to serve as collateral agent and representative of each such Secured Party (to the extent applicable) under this Agreement each of the Pledge Agreements and each of the Collateral Documents Guaranties (in such capacity, together with its successors in such capacity, the "COLLATERAL AGENTCollateral Agent") and (ii) irrevocably authorizes the Collateral Agent to act as agent for the Secured Parties (a) for the purpose of executing and delivering, on behalf of all such Parties and the Secured Parties, the Collateral Documents Pledge Agreements and, subject to the provisions of this Agreement, for the purpose of exercising such powers, enforcing the Secured Parties' rights in respect of the Pledged Collateral and remedies hereunder the obligations of the Company 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 beeach Subsidiary Guarantor (collectively, the "Mortgagee" referred Pledgors") under the Pledge Agreements and (b) in addition, with respect to in the Collateral Documents. Each Creditor Party foregoing appointment and Collateral authorization by the Current Credit Agent and by each Credit Agent, Lender, Interest Rate Exchanger and High Yield Trustee and each High Yield NoteholderCurrency Exchanger signing an acknowledgment hereto (collectively, by its acceptance of the benefits of the Collateral Documents and this Agreement"Guarantied Parties"), hereby appoint each other Secured Party as agent for the purpose of perfecting Collateral Agent's security interest in Collateral that, in accordance with enforcing the UCC, can be perfected by possession or controlGuarantied Parties' rights under each of the Guaranties and the obligations of the Company and the Subsidiary Guarantors under each of the Guaranties.

Appointment as Collateral Agent. Each Creditor Party executing this AgreementThe Trustee hereby irrevocably and unconditionally appoints, and High Yield Trustee each Interest Hedge Secured Party irrevocably and each High Yield Noteholderunconditionally appoints, by its acceptance of the benefits of the Collateral Documents and of this Agreement, (i) appoints The Bank of America New York to serve as security trustee, collateral agent and representative of each such Secured Party (to the extent applicable) under this Agreement and each of the Collateral Security Documents (in such capacity, together with its successors in such capacity, the "COLLATERAL AGENT"“Collateral Agent”) and (ii) irrevocably and unconditionally authorizes the 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 Documents and the Security Arrangement Agreement and any other documents or instruments related thereto or necessary or, as determined by the Collateral Documents Agent, desirable to perfect the Liens granted to the Collateral Agent thereunder and, subject to the provisions of this Agreement, for the purpose of exercising such powers, enforcing the Secured Parties’ rights in respect of the Collateral and remedies hereunder and the obligations of the Pledgors under the other Collateral Documents as are specifically delegated Security Documents, and for the purpose of, or granted to Collateral Agent by in connection with, releasing the terms hereof and thereofobligations of the Pledgors under the Security Documents. Without limiting the generality of the foregoing, 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, further hereby appoint each other Secured Party appointed as agent for each of the purpose Secured Parties to hold the Liens on the Collateral granted pursuant to the Security Documents with, subject to Section 3, sole authority to exercise remedies under the Security Documents. The Collateral Agent is hereby authorized to act as mortgagee under all mortgages, beneficiary under all deeds of perfecting Collateral Agent's security interest in Collateral that, in accordance with trust and as Secured Party under each applicable Security Document and to follow the UCC, can be perfected by possession or controlinstructions provided to it under this Agreement. Each Interest Hedge Secured Party acknowledges that it has seen the Security Arrangement Agreement attached hereto as Exhibit A and that such agreement limits the rights under this Agreement.