Appointment of Co-Collateral Agent. In the event that the Collateral Agent appoints a Co-Collateral Agent or Co-Collateral Agents in accordance with Section 7.7(a), such Co-Collateral Agent(s) shall enter into an appointment agreement in a form satisfactory to the Collateral Agent and such Co-Collateral Agent, and, upon acceptance of the appointment, such Co-Collateral Agent shall be entitled to all of the rights, privileges, limitations on liability and immunities afforded to and subject to all the duties of the Collateral Agent hereunder and shall be deemed to be a party to this Agreement for all purposes provided in this Section 7.8, in each case, subject to the specific rights and duties vested in the Co-Collateral Agent pursuant to such appointment agreement and related Security Documents. It is accepted and acknowledged by the parties hereto that any Co-Collateral Agent appointed in accordance with Section 7.7(a) and this Section 7.8 shall be entitled to the payment of its fees and expenses as agreed to by the Issuer and, without limitation of any of the other provisions of this Agreement, shall be deemed to be an indemnified party under Section 8.17 with respect to any liability arising under this Agreement or the other Indenture Documents without need for further act by the Grantors.
Appears in 3 contracts
Samples: Collateral Agreement (Aquestive Therapeutics, Inc.), Collateral Agreement (Aquestive Therapeutics, Inc.), Collateral Agreement (Vivus Inc)
Appointment of Co-Collateral Agent. In the event that the Collateral Agent appoints a Co-Collateral Agent Agent, or Co-Collateral Agents Agents, in accordance with the provisions of Section 7.7(a)7.6(a) of this Agreement, such Co-Collateral Agent(s) shall enter into an appointment agreement a Co-Collateral Agent Appointment Agreement in a form satisfactory to the Collateral Agent and such Co-Collateral Agent, and, and upon acceptance of the appointment, such Co-Collateral Agent shall be entitled to all of the rights, privileges, limitations on liability and immunities afforded to and subject to all the duties of the Collateral Agent hereunder hereunder, and shall be deemed to be a party to this Agreement for all purposes provided in this Section 7.87.7, in each case, subject to the specific rights and duties vested in the Co-Collateral Agent pursuant to such appointment agreement the Co-Collateral Agent Appointment Agreement and related Security Documents. It is accepted and acknowledged by the parties hereto that any Co-Collateral Agent appointed in accordance with Section 7.7(a7.6(a) and this Section 7.8 7.7 shall be entitled to the payment of its fees and expenses as agreed to by the Issuer andIssuer, and without limitation of any of the other provisions of this Agreement, shall be deemed to be an indemnified party under Section 8.17 of this Agreement with respect to any liability arising under this Agreement or the other Indenture Documents without need for further act by the GrantorsIssuer or the Subsidiary Parties.
Appears in 3 contracts
Samples: Collateral Agreement (Quotient LTD), Collateral Agreement (Egalet Corp), Collateral Agreement (Merrimack Pharmaceuticals Inc)
Appointment of Co-Collateral Agent. In the event that the Collateral Agent appoints a Co-Collateral Agent Agent, or Co-Collateral Agents Agents, in accordance with the provisions of Section 7.7(a)7.6(a) of this Agreement, such Co-Collateral Agent(s) shall enter into an appointment agreement a Co-Collateral Agent Appointment Agreement in a form satisfactory to the Collateral Agent and such Co-Collateral Agent, and, and upon acceptance of the appointment, such Co-Collateral Agent shall be entitled to all of the rights, privileges, limitations on liability and immunities afforded to and subject to all the duties of the Collateral Agent hereunder hereunder, and shall be deemed to be a party to this Agreement for all purposes provided in this Section 7.87.7, in each case, subject to the specific rights and duties vested in the Co-Collateral Agent pursuant to such appointment agreement the Co-Collateral Agent Appointment Agreement and related Security Documents. It is accepted and acknowledged by the parties hereto that any Co-Collateral Agent appointed in accordance with Section 7.7(a7.6(a) and this Section 7.8 7.7 shall be entitled to the payment of its fees and expenses as agreed to by the Issuer andIssuer, and without limitation of any of the other provisions of this Agreement, shall be deemed to be an indemnified party under Section 8.17 8.16 of this Agreement with respect to any liability arising under this Agreement or the other Indenture Documents without need for further act by the GrantorsIssuer.
Appears in 3 contracts
Samples: Security Agreement (Bloom Energy Corp), Security Agreement (Bloom Energy Corp), Security Agreement
Appointment of Co-Collateral Agent. In the event that the Collateral Agent appoints a Co-Collateral Agent or Co-Collateral Agents in accordance with Section 7.7(a), such Co-Collateral Agent(s) shall enter into an appointment agreement in a form satisfactory to the Collateral Agent and such Co-Collateral Agent, and, and upon acceptance of the appointment, such Co-Collateral Agent shall be entitled to all of the rights, privileges, limitations on liability and immunities afforded to and subject to all the duties of the Collateral Agent hereunder hereunder, and shall be deemed to be a party to this Agreement for all purposes provided in this Section 7.8, in each case, subject to the specific rights and duties vested in the Co-Collateral Agent pursuant to such appointment agreement and related Security Documents. It is accepted and acknowledged by the parties hereto that any Co-Collateral Agent appointed in accordance with Section 7.7(a) and this Section 7.8 shall be entitled to the payment of its fees and expenses as agreed to by the Issuer andGrantor, and without limitation of any of the other provisions of this Agreement, shall be deemed to be an indemnified party under Section 8.17 8.16 with respect to any liability arising under this Agreement or the other Indenture Documents without need for further act by the GrantorsGrantor.
Appears in 2 contracts
Samples: Collateral Agreement (Vickers Vantage Corp. I), Collateral Agreement (Sorrento Therapeutics, Inc.)
Appointment of Co-Collateral Agent. In the event that the Collateral Agent appoints a Co-Collateral Agent Agent, or Co-Collateral Agents Agents, in accordance with the provisions of Section 7.7(a)7.6(a) of this Agreement, such Co-Collateral Agent(s) shall enter into an appointment agreement a Co-Collateral Agent Appointment Agreement in a form satisfactory to the Collateral Agent and such Co-Collateral Agent, and, and upon acceptance of the appointment, such Co-Collateral Agent shall be entitled to all of the rights, privileges, limitations on liability and immunities afforded to and subject to all the duties of the Collateral Agent hereunder hereunder, and shall be deemed to be a party to this Agreement for all purposes provided in this Section 7.87.7, in each case, subject to the specific rights and duties vested in the Co- Collateral Agent pursuant to the Co-Collateral Agent pursuant to such appointment agreement Appointment Agreement and related Security Documents. It is accepted and acknowledged by the parties hereto that any Co-Co- Collateral Agent appointed in accordance with Section 7.7(a7.6(a) and this Section 7.8 7.7 shall be entitled to the payment of its fees and expenses as agreed to by the Issuer andIssuer, and without limitation of any of the other provisions of this Agreement, shall be deemed to be an indemnified party under Section 8.17 of this Agreement with respect to any liability arising under this Agreement or the other Indenture Documents without need for further act by the GrantorsIssuer or the Subsidiary Parties.
Appears in 1 contract
Samples: Collateral Agreement (Quotient LTD)