Common use of Appointment of Additional and Separate Collateral Agent Clause in Contracts

Appointment of Additional and Separate Collateral Agent. Whenever (i) the Collateral Agent shall deem it necessary or prudent (in accordance with the advice or opinion of its counsel) in order to conform to any law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to or in connection with the Collateral, or (ii) the Collateral Agent shall be advised by counsel satisfactory to it that it is so necessary or prudent in the interest of the Secured Parties, then, in any such case, the Collateral Agent shall execute and deliver from time to time all instruments and agreements necessary or proper to constitute another bank or trust company or one or more Persons approved by the Collateral Agent either to act as additional trustee or trustees of all or any part of the Trust Estate, jointly with the Collateral Agent, or to act as separate trustee or trustees of all or any part of the Trust Estate, in any such case with such powers as may be provided in such instruments or agreements, and to vest in such bank, trust company or Person as such additional trustee or separate trustee, as the case may be, any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent. The Companies and the Secured Parties hereby consent to all actions taken by the Collateral Agent under the foregoing provisions of this Section 8.8.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Pci Carolina Inc)

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Appointment of Additional and Separate Collateral Agent. Whenever (ia) the Collateral Agent shall deem it necessary or prudent (in accordance with the advice or opinion of its counsel) in order to conform to any law Law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to or in connection with the Collateral, or (iib) the Collateral Agent shall be advised by counsel satisfactory to it that it is so necessary or prudent in the interest of the Secured Parties, then, in any such case, the Collateral Agent shall execute and deliver from time to time all instruments and agreements necessary or proper to constitute another bank or trust company or one or more Persons approved by the Collateral Agent either to act as additional trustee or trustees of all or any part of the Trust Estate, jointly with the Collateral Agent, or to act as separate trustee or trustees of all or any part of the Trust Estate, in any such case with such powers as may be provided in such instruments or agreements, and to vest in such bank, trust company or Person as such additional trustee or separate trustee, as the case may be, any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent. The Companies Grantors and the Secured Parties hereby consent to all actions taken by the Collateral Agent under the foregoing provisions of this Section 8.813.10.

Appears in 1 contract

Samples: Common Security and Intercreditor Agreement (Pioneer Companies Inc)

Appointment of Additional and Separate Collateral Agent. Whenever (i) the Collateral Agent shall deem it necessary or prudent (in accordance with the advice or opinion of its counsel) in order to conform to any law of any jurisdiction in which all or any part of the Collateral shall be situated or to make any claim or bring any suit with respect to or in connection with the Collateral, or (ii) the Collateral Agent shall be advised by counsel satisfactory to it that it is so necessary or prudent in the interest of the Secured Parties, then, in any such case, the Collateral Agent shall execute and deliver from time to time all instruments and agreements necessary or proper to 50 50 constitute another bank or trust company or one or more Persons approved by the Collateral Agent either to act as additional trustee or trustees of all or any part of the Trust Estate, jointly with the Collateral Agent, or to act as separate trustee or trustees of all or any part of the Trust Estate, in any such case with such powers as may be provided in such instruments or agreements, and to vest in such bank, trust company or Person as such additional trustee or separate trustee, as the case may be, any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent. The Companies and the Secured Parties hereby consent to all actions taken by the Collateral Agent under the foregoing provisions of this Section 8.8.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Pioneer East Inc)

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Appointment of Additional and Separate Collateral Agent. Whenever (i) the Collateral Agent shall deem it necessary or prudent (in accordance with the advice or opinion of its counsel) in order to conform to any law of any jurisdiction in which all or any part of the Pledged Collateral shall be situated or to make any claim or bring any suit with respect to or in connection with the Pledged Collateral, or (ii) the Collateral Agent shall be advised by counsel satisfactory to it that it is so necessary or prudent in the interest of the Secured Parties, then, then in any such case, the Collateral Agent shall execute and deliver from time to time all instruments and agreements necessary or proper to constitute another bank or trust company or one or more Persons persons approved by the Collateral Agent Agent, and meeting any Gaming Law requirements, either to act as additional trustee or trustees of all or any part of the Trust EstatePledged Collateral, jointly with the Collateral Agent, or to act as separate trustee or trustees of all or any part of the Trust EstatePledged Collateral, in any such case with such powers as may be provided in such instruments or agreements, agreements and to vest in such bank, trust company or Person person as such additional trustee or separate trustee, as the case may be, any property, title, right or power of the Collateral Agent deemed necessary or advisable by the Collateral Agent. The Companies provisions of the foregoing sentence shall at all times be subject to any restrictions imposed by any applicable law, including, without limitation, Gaming Laws. Each Pledgor and the Secured Parties hereby consent to all actions taken by the Collateral Agent under the foregoing provisions of this Section 8.813.11.

Appears in 1 contract

Samples: Security Agreement (Colony Rih Acquisitions Inc)

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