Common use of Certain Releases of Collateral Clause in Contracts

Certain Releases of Collateral. Subject to applicable law, the release of any Collateral from Liens created by the Collateral Documents or the release of, in whole or in part, the Liens created by the Collateral Documents, will not be deemed to impair the Collateral Documents in contravention of the provisions of this Indenture if and to the extent the Collateral or Liens are released pursuant to, and in accordance with, the applicable Collateral Documents or pursuant to, and in accordance with, the terms hereof. To the extent applicable, without limitation (except as provided in the last sentence of this paragraph), the Company, the Parent Guarantor and each obligor on the Securities shall cause TIA Section 314(d), relating to the release of property or securities from the Liens of the Collateral Documents, to be complied with. Any certificate or opinion required by TIA Section 314(d) may be made by two Officers of the Company, except in cases in which TIA Section 314(d) requires that such certificate or opinion be made by an independent person. The Company shall not be required under this Indenture to deliver to the Trustee any certificates or opinions required to be delivered pursuant to Section 314(d) of the TIA in connection with releases of Collateral in accordance with Section 4.3(a)(ii) hereunder, unless TIA Section 314(d) would require such certificate or opinion to be made by an independent person.

Appears in 2 contracts

Samples: Tia Indenture (Jazz Casino Co LLC), Jazz Casino Co LLC

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Certain Releases of Collateral. Subject to applicable law, the release of any Collateral from Liens created by the Collateral Security Documents or the release of, in whole or in part, the Liens created by the Collateral Security Documents, will not be deemed to impair the Collateral Security Documents in contravention of the provisions of this Indenture if and to the extent the Collateral or Liens are released pursuant to, and in accordance with, the Intercreditor Agreement and the applicable Collateral Security Documents or pursuant toand are in compliance with the terms hereof (including, and in accordance withwithout limitation, the terms hereofapplicable provisions of Section 5.14). To the extent applicable, without limitation (except as provided in the last sentence of this paragraph), the Company, the Parent Guarantor Guarantors and each obligor on the Securities shall cause TIA Section 314(d), relating to the release of property or securities from the Liens of the Collateral Security Documents, to be complied with. Any certificate or opinion required by TIA Section 314(d) may be made by two Officers of the Company, except in cases in which TIA Section 314(d) requires that such certificate or opinion be made by an independent personPerson. The Company shall not be required under this Indenture to deliver to the Trustee any 53 65 certificates or opinions required to be delivered pursuant to Section 314(d) of the TIA in connection with releases of Collateral in accordance with Section 4.3(a)(ii) hereunder, unless TIA Section 314(d) would require such certificate or opinion to be made by an independent personPerson.

Appears in 2 contracts

Samples: Rights Agreement (Jazz Casino Co LLC), Rights Agreement (Jazz Casino Co LLC)

Certain Releases of Collateral. Subject to applicable law, the release of any Collateral from Liens created by the Collateral Mortgage Documents or the release of, in whole or in part, the Liens created by the Collateral Mortgage Documents, will not be deemed to impair the Collateral Mortgage Documents in contravention of the provisions of this Indenture if and to the extent the Collateral or Liens are released pursuant to, and in accordance with, the applicable Collateral Mortgage Documents or and pursuant to, and in accordance with, the terms hereof. To the extent applicable, without limitation (except as provided in the last sentence of this paragraph)limitation, the CompanyIssuers, the Parent each Guarantor and each obligor other obligor, if any, on the Securities shall cause TIA Section 314(d), relating to the release of property or securities from the Liens of the Collateral Mortgage Documents, to be complied with. Any certificate or opinion required by TIA Section 314(d) may be made by two Officers of the CompanyAuthorized Representatives, except in cases in which TIA Section 314(d) requires that such certificate or opinion be made by an independent person. The Company Issuers shall not be required under this Indenture to deliver to the Trustee any certificates or opinions required to be delivered pursuant to Section 314(d) of the TIA in connection with releases of Collateral in accordance with Section 4.3(a)(ii4.3(a) (ii) hereunder, unless TIA Section 314(d) would require such certificate or opinion to be made by an independent person.

Appears in 2 contracts

Samples: Indenture (Trump Communications LLC), Indenture (Trump Atlantic City Funding Iii Inc)

Certain Releases of Collateral. Subject to applicable law, the release of any Collateral from Liens created by the Collateral Documents or the release of, in whole or in part, the Liens created by the Collateral Documents, will not be deemed to impair the Collateral Documents in contravention of the provisions of this Indenture if and to the extent the Collateral or Liens are released pursuant to, and in accordance with, the Intercreditor Agreement and the applicable Collateral Documents or pursuant to, and in accordance with, the terms hereof. To the extent applicable, without limitation (except as provided in the last sentence of this paragraph), the Company, the Parent Guarantor Guarantors and each obligor on the Securities shall cause TIA Section 314(d), relating to the release of property or securities from the Liens of the Collateral Documents, to be complied with. Any certificate or opinion required by TIA Section 314(d) may be made by two Officers of the Company, except in cases in which TIA Section 314(d) requires that such certificate or opinion be made by an independent person. The Company shall not be required under this Indenture to deliver to the Trustee any certificates or opinions required to be delivered pursuant to Section 314(d) of the TIA in connection with releases of Collateral in accordance with Section 4.3(a)(ii) hereunder, unless TIA Section 314(d) would require such certificate or opinion to be made by an independent person.

Appears in 2 contracts

Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)

Certain Releases of Collateral. Subject to applicable law, the release of any Collateral from Liens created by the Collateral Documents or the release of, in whole or in part, the Liens created by the Collateral Documents, will not be deemed to impair the Collateral Documents in contravention of the provisions of this Indenture if and to the extent the Collateral or Liens are released pursuant to, and in accordance with, the applicable Collateral Documents or pursuant to, and in accordance with, the terms hereof. To the extent applicable, without limitation (except as provided in the last sentence of this paragraph), the Company, the Parent Guarantor Guarantors and each obligor on the Securities shall cause TIA Section 314(d), relating to the release of property or securities from the Liens of the Collateral Documents, to be complied with. Any certificate or opinion required by TIA Section 314(d) may be made by two Officers of the Company, except in cases in which TIA Section 314(d) requires that such certificate or opinion be made by an independent person. The Company shall not be required under this Indenture to deliver to the Trustee any certificates or opinions required to be delivered pursuant to Section 314(d) of the TIA in connection with releases of Collateral in accordance with Section 4.3(a)(ii) hereunder, unless TIA Section 314(d) would require such certificate or opinion to be made by an independent person.

Appears in 1 contract

Samples: Jazz Casino Co LLC

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Certain Releases of Collateral. Subject to applicable law, the release of any Collateral from Liens created by the Collateral Security Documents or the release of, in whole or in part, the Liens created by the Collateral Security Documents, will not be deemed to impair the Collateral Security Documents in contravention of the provisions of this Indenture if and to the extent the Collateral or Liens are released pursuant to, and in accordance with, the Intercreditor Agreement and the applicable Collateral Security Documents or pursuant toand are in compliance with the terms hereof (including, and in accordance withwithout limitation, the terms hereofapplicable provisions of Section 5.14). To the extent applicable, without limitation (except as provided in the last sentence of this paragraph), the Company, the Parent Guarantor Guarantors and each obligor on the Securities shall cause TIA Section 314(d), relating to the release of property or securities from the Liens of the Collateral Security Documents, to be complied with. Any certificate or opinion required by TIA Section 314(d) may be made by two Officers of the Company, except in cases in which TIA Section 314(d) requires that such certificate or opinion be made by an independent personPerson. The Company shall not be required under this Indenture to deliver to the Trustee any certificates or opinions required to be delivered pursuant to Section 314(d) of the TIA in connection with releases of Collateral in accordance with Section 4.3(a)(ii) hereunder, unless TIA Section 314(d) would require such certificate or opinion to be made by an independent personPerson.

Appears in 1 contract

Samples: Rights Agreement (JCC Holding Co)

Certain Releases of Collateral. Subject to ------------------------------- applicable law, the release of any Collateral from Liens created by the Collateral Documents or the release of, in whole or in part, the Liens created by the Collateral Documents, will not be deemed to impair the Collateral Documents in contravention of the provisions of this Indenture if and to the extent the Collateral or Liens are released pursuant to, and in accordance with, the applicable Collateral Documents or pursuant to, and in accordance with, the terms hereof. To the extent applicable, without limitation (except as provided in the last sentence of this paragraph), the Company, the Parent Guarantor Guarantors and each obligor on the Securities shall cause TIA Section 314(d), relating to the release of property or securities from the Liens of the Collateral Documents, to be complied with. Any certificate or opinion required by TIA Section 314(d) may be made by two Officers of the Company, except in cases in which TIA Section 314(d) requires that such certificate or opinion be made by an independent person. The Company shall not be required under this Indenture to deliver to the Trustee any certificates or opinions required to be delivered pursuant to Section 314(d) of the TIA in connection with releases of Collateral in accordance with Section 4.3(a)(ii) hereunder, unless TIA Section 314(d) would require such certificate or opinion to be made by an independent person.

Appears in 1 contract

Samples: Tia Indenture (Jazz Casino Co LLC)

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