Common use of Appointment of Collateral Agent; Acknowledgment Clause in Contracts

Appointment of Collateral Agent; Acknowledgment. (a) The Secured Parties hereby appoint Xxxxxx Xxxxxx to act as collateral agent on behalf of all Secured Parties (the “Collateral Agent”). Notwithstanding anything in this Agreement to the contrary, one or more Secured Parties (other than the then Collateral Agent) holding a majority of the then aggregate outstanding principal balance of the Notes (excluding any Notes held by the then acting Collateral Agent) may remove the then-acting Collateral Agent and appoint any other Secured Party to act as the Collateral Agent under this Agreement.

Appears in 2 contracts

Samples: Security Agreement (Resonant Inc), Security Agreement (Resonant Inc)

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Appointment of Collateral Agent; Acknowledgment. (a) The Secured Parties hereby appoint Xxxxxx Xxxxxx Rxxxxx Xxxxxxxx to act as the initial collateral agent on behalf of all Secured Parties (the “Collateral Agent”). Notwithstanding anything in this Agreement to the contrary, one or more Secured Parties (other than the then Collateral Agent) holding a majority of the then aggregate outstanding principal balance of the Notes (excluding any Notes held by the then acting Collateral Agent) may remove the then-acting Collateral Agent and appoint any other Secured Party to act as the Collateral Agent under this Agreement. Upon such appointment such Secured Party shall act as Collateral Agent pursuant to the terms of this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Atomera Inc), Amended and Restated Security Agreement (Atomera Inc)

Appointment of Collateral Agent; Acknowledgment. (a) The Secured Parties hereby appoint Xxxxxx Xxxxxx Axxxx Xxxxx to act as the initial collateral agent on behalf of all Secured Parties (the “Collateral Agent”). Notwithstanding anything in this Agreement to the contrary, one or more Secured Parties (other than the then Collateral Agent) holding a majority of the then aggregate outstanding principal balance of the Notes (excluding any Notes held by the then acting Collateral Agent) may remove the then-acting Collateral Agent and appoint any other Secured Party to act as the Collateral Agent under this Agreement. Upon such appointment such Secured Party shall act as Collateral Agent pursuant to the terms of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Aqua Metals, Inc.)

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Appointment of Collateral Agent; Acknowledgment. (a) The Secured Parties hereby appoint Xxxxxx Xxxxxx Rxxxxx Xxxxxxxx to act as the initial collateral agent on behalf of all Secured Parties (the “Collateral Agent”). Notwithstanding anything in this Agreement to the contrary, one or more Secured Parties (other than the then Collateral Agent) holding a majority of the then aggregate outstanding principal balance of the Notes (excluding any Notes held by the then acting Collateral Agent) may remove the then-then acting Collateral Agent and appoint any other Secured Party to act as the Collateral Agent under this Agreement. Upon such appointment such Secured Party shall act as Collateral Agent pursuant to the terms of this Agreement.

Appears in 1 contract

Samples: Security Agreement (Mears Technologies Inc)

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