Common use of Authority of Collateral Agent Clause in Contracts

Authority of Collateral Agent. The Lessor acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate Holders, be governed by the Indenture, the Participation Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the Lessor, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders with full and valid authority so to act or refrain from acting, and the Lessor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 2 contracts

Samples: Security Agreement (Hanover Compressor Co /), Security Agreement (Hanover Compressor Co /)

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Authority of Collateral Agent. The Lessor Borrower acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersLenders, be governed by the Indenture, the Participation Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorBorrower, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders Administrative Agent and the Certificate Holders Lenders with full and valid authority so to act or refrain from acting, and the Lessor Borrower shall not be under any no obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Metris Companies Inc), Pledge Agreement (Metris Companies Inc)

Authority of Collateral Agent. The Lessor Each Company acknowledges that the rights and responsibilities of the Collateral Agent under this Security Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Security Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate Holdersother Secured Parties, be governed by the Indenture, the Participation Agreement Indenture and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorCompanies, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Secured Parties with full and valid authority so to act or refrain from acting, to the extent it has the right to do so and the Lessor no Company shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Subsidiary Security and Pledge Agreement (Terex Corp)

Authority of Collateral Agent. The Lessor Borrower acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersSecured Parties, be governed by the Indenture, the Participation Intercreditor Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorBorrower, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Secured Parties with full and valid authority so to act or refrain from acting, and the Lessor Borrower shall not be under any no obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Collateral Agreement (Sirius Satellite Radio Inc)

Authority of Collateral Agent. The Lessor Debtor acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersSecured Parties, be governed by the Indenturethis Agreement, the Participation Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorDebtor, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders applicable Secured Parties with full and valid authority so to act or refrain from acting, and the Lessor no Debtor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Security Agreement (Virpax Pharmaceuticals, Inc.)

Authority of Collateral Agent. (a) The Lessor Borrower acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersSecured Parties, be governed by the Indenture, the Participation Intercreditor Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorBorrower, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Secured Parties with full and valid authority so to act or refrain from acting, and the Lessor Borrower shall not be under any no obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Collateral Agreement (Sirius Satellite Radio Inc)

Authority of Collateral Agent. The Lessor Borrower acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersLenders, be governed by the Indenture, the Participation Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorBorrower, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Lenders with full and valid authority so to act or refrain from acting, and neither the Lessor Borrower nor the Issuer shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: And (Audiovox Corp)

Authority of Collateral Agent. The Lessor Company acknowledges that the rights and responsibilities of the Collateral Agent under this Security Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Security Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate Holdersother Secured Parties, be governed by the Indenture, the Participation Agreement Indenture and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorCompany, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Secured Parties with full and valid authority so to act or refrain from acting, to the extent it has the right to do so and the Lessor Company shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Security and Pledge Agreement (Terex Corp)

Authority of Collateral Agent. The Lessor Each Borrower acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate Holdersother Secured Parties, be governed by the Indenture, the Participation TC&F Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorBorrower, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Secured Parties with full and valid authority so to act or refrain from acting, and the Lessor no Borrower shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: , and Collateral Agreement (Probe Manufacturing Inc)

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Authority of Collateral Agent. The Lessor Holdings acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersSecond-Priority Secured Parties, be governed by the Indenture, the Participation Agreement Notes Indenture and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorHoldings, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders applicable Second-Priority Secured Parties with full and valid authority so to act or refrain from acting, and the Lessor Holdings shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Holdings Pledge Agreement (DS Services of America, Inc.)

Authority of Collateral Agent. The Lessor Borrower acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersSenior Lenders, be governed by the Indenture, the Participation Agreement Senior Documents and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorBorrower, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Senior Lenders with full and valid authority so to act or refrain from acting, and the Lessor Borrower shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Note Purchase Agreement (Essential Utilities, Inc.)

Authority of Collateral Agent. The Lessor Each Obligor acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersGuaranteed Creditors, be governed by the Indenture, the Participation Credit Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorObligors, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Guaranteed Creditors with full and valid authority so to act or refrain from acting, and the Lessor no Obligor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Assumption Agreement (Hornbeck Offshore Services Inc /La)

Authority of Collateral Agent. The Lessor Debtor acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Security Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersSecured Parties, be governed by the Indenturethis Agreement, the Participation Agreement and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorDebtor, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders applicable Secured Parties with full and valid authority so to act or refrain from acting, and the Lessor no Debtor shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Form of Security Agreement (Vitro Biopharma, Inc.)

Authority of Collateral Agent. The Lessor Company acknowledges that the rights and responsibilities of the Collateral Agent under this Agreement with respect to any action taken by the Collateral Agent or the exercise or non-exercise by the Collateral Agent of any option, voting right, request, judgment or other right or remedy provided for herein or resulting or arising out of this Agreement shall, as between the Collateral Agent and the Securityholders and the Certificate HoldersNoteholders, be governed by the Indenture, the Participation Agreement Indenture and by such other agreements with respect thereto as may exist from time to time among them, but, as between the Collateral Agent and the LessorCompany, the Collateral Agent shall be conclusively presumed to be acting as agent for the Securityholders and the Certificate Holders Noteholders with full and valid authority so to act or refrain from acting, and neither the Lessor Company nor Ryerson Inc. shall not be under any obligation, or entitlement, to make any inquiry respecting such authority.

Appears in 1 contract

Samples: Pledge Agreement (Ryerson Holding Corp)

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