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 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 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.