Common use of Appointment of Collateral Trustee Clause in Contracts

Appointment of Collateral Trustee. The New Representative, on behalf of itself and the New Secured Parties, hereby (a) irrevocably appoints Xxxxx Fargo Bank, National Association as Collateral Trustee for purposes of the Collateral Trust Agreement, the ABL Intercreditor Agreement and the Security Documents, (b) irrevocably authorizes the Collateral Trustee to take such actions on its behalf and to exercise such powers as are delegated to the Collateral Trustee in the Collateral Trust Agreement, the ABL Intercreditor Agreement and the Security Documents, together with such actions and powers as are reasonably incidental thereto, and authorizes the Collateral Trustee to execute any Security Documents on behalf of all Secured Parties and to take such other actions to maintain and preserve the security interests granted pursuant to any Security Documents, and (c) acknowledges that it has received and reviewed the Collateral Trust Agreement, the ABL Intercreditor Agreement and the Security Documents and agrees to be bound by the terms thereof. The New Representative, on behalf of the New Secured Parties, and the Collateral Trustee, on behalf of the existing Secured Parties, each hereby acknowledges and agrees that the Collateral Trustee in its capacity as such shall be agent on behalf of the New Representative and on behalf of all other Secured Parties.

Appointment of Collateral Trustee. The New Representative[, on behalf of itself and the New Secured Parties, ,] hereby (a) irrevocably appoints Xxxxx Fargo Bank, National Association Wilmington Trust FSB as Collateral Trustee for purposes of the Collateral Trust Agreement, the ABL Intercreditor Agreement (if applicable) and the Parity Lien Security Documents, (b) irrevocably authorizes the Collateral Trustee to take such actions on its behalf and to exercise such powers as are delegated to the Collateral Trustee in the Collateral Trust Agreement, the ABL Intercreditor Agreement (if applicable) and the Parity Lien Security Documents, together with such actions and powers as are reasonably incidental thereto, and authorizes the Collateral Trustee to execute any Parity Lien Security Documents Document on behalf of all Secured Parties and to take such other actions to maintain and preserve the security interests granted pursuant to any Parity Lien Security DocumentsDocument, and (c) acknowledges that it has received and reviewed the Collateral Trust Agreement, the ABL Intercreditor Agreement (if applicable) and the Parity Lien Security Documents and agrees to be bound by the terms thereof. The New Representative[, on behalf of the New Secured Parties, ,] and the Collateral Trustee, on behalf of the existing Secured Parties, each hereby acknowledges and agrees that the Collateral Trustee in its capacity as such shall be agent on behalf of the New Representative and on behalf of all other Secured Parties [(including the New Secured Parties)].

Appointment of Collateral Trustee. The New Representative, on behalf of itself and the New Secured Parties, hereby (a) irrevocably appoints Xxxxx Fargo Bank[Wilmington Trust, National Association Association][2] as Collateral Trustee for purposes of the Collateral Trust Agreement, the ABL Intercreditor Agreement as amended by this Collateral Trust Joinder and the Security Documents, (b) irrevocably authorizes the Collateral Trustee to take such actions on its behalf and to exercise such powers as are delegated to the Collateral Trustee in the Collateral Trust Agreement, the ABL Intercreditor Agreement and the Security Documents, together with such actions and powers as are reasonably incidental thereto, and authorizes the Collateral Trustee to execute any Security Documents on behalf of all Secured Parties and to take such other actions to maintain and preserve the security interests granted pursuant to any Security Documents, and (c) acknowledges that it has received and reviewed the Collateral Trust Agreement, the ABL Intercreditor Agreement and the Security Documents and agrees to be bound by the terms thereof. The New Representative, on behalf of the New Secured Parties, and the Collateral Trustee, on behalf of the existing Secured Parties, each hereby acknowledges and agrees that the Collateral Trustee in its capacity as such shall be agent on behalf of the New Representative and on behalf of all other Secured Parties.

Appointment of Collateral Trustee. The New Representative[, on behalf of itself and the New Secured Parties, ,] hereby (a) irrevocably appoints Xxxxx Fargo BankWilmington Trust, National Association as Collateral Trustee for purposes of the Collateral Trust Agreement, the ABL Intercreditor Agreement (if applicable) and the Parity Lien Security Documents, (b) irrevocably authorizes the Collateral Trustee to take such actions on its behalf and to exercise such powers as are delegated to the Collateral Trustee in the Collateral Trust Agreement, the ABL Intercreditor Agreement (if applicable) and the Parity Lien Security Documents, together with such actions and powers as are reasonably incidental thereto, and authorizes the Collateral Trustee to execute any Parity Lien Security Documents Document on behalf of all Secured Parties and to take such other actions to maintain and preserve the security interests granted pursuant to any Parity Lien Security DocumentsDocument, and (c) acknowledges that it has received and reviewed the Collateral Trust Agreement, the ABL Intercreditor Agreement (if applicable) and the Parity Lien Security Documents and agrees to be bound by the terms thereof. The New Representative[, on behalf of the New Secured Parties, ,] and the Collateral Trustee, on behalf of the existing Secured Parties, each hereby acknowledges and agrees that the Collateral Trustee in its capacity as such shall be agent on behalf of the New Representative and on behalf of all other Secured Parties [(including the New Secured Parties)].

Appointment of Collateral Trustee. The New Representative, on behalf of itself and the New Secured Parties, hereby (a) irrevocably appoints Xxxxx Fargo BankWilmington Trust, National Association Association, as Collateral Trustee for purposes of the Collateral Trust Agreement, the ABL Intercreditor Agreement and the Security Documents, (b) irrevocably authorizes the Collateral Trustee to take such actions on its behalf and to exercise such powers as are delegated to the Collateral Trustee in the Collateral Trust Agreement, the ABL Intercreditor Agreement and the Security Documents, together with such actions and powers as are reasonably incidental thereto, and authorizes the Collateral Trustee to execute any Security Documents on behalf of all Secured Parties and to take such other actions to maintain and preserve the security interests granted pursuant to any Security Documents, and (c) acknowledges that it has received and reviewed the Collateral Trust Agreement, the ABL Intercreditor Agreement and the Security Documents and agrees to be bound by the terms thereof. The New Representative, on behalf of the New Secured Parties, and the Collateral Trustee, on behalf of the existing Secured Parties, each hereby acknowledges and agrees that the Collateral Trustee in its capacity as such shall be agent on behalf of the New Representative and on behalf of all other Secured Parties.