Common use of Collateral Agent and Representative Clause in Contracts

Collateral Agent and Representative. It is understood and agreed that (a) the First Lien Credit Agreement Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Credit Agreement and the provisions of Article 9 of the First Lien Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the First Lien Credit Agreement Collateral Agent hereunder and (b) the Initial Second Lien Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Initial Second Lien Agreement and the provisions of Article [IX] of the Initial Second Lien Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Initial Second Lien Collateral Agent hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Apria, Inc.), Credit Agreement (Apria, Inc.)

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Collateral Agent and Representative. It is understood and agreed that (a) the First Lien Credit Agreement Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Credit Agreement and the provisions of Article 9 IX of the First Lien Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the First Lien Credit Agreement Collateral Agent hereunder and (b) the Initial Second Lien Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Initial Second Lien Agreement and the provisions of Article [IX] of the Initial Second Lien Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the Initial Second Lien Collateral Agent hereunder.

Appears in 2 contracts

Samples: Security Agreement (Red Lion Hotels CORP), Credit Agreement (Hilton Grand Vacations Inc.)

Collateral Agent and Representative. It is understood and agreed that (a) the First Lien Credit Agreement Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Credit Agreement and the provisions of Article 9 VIII of the First Lien Credit Agreement applicable to the Agents Administrative Agent (as defined therein) thereunder shall also apply to the First Lien Credit Agreement Collateral Agent hereunder and (b) the Initial Second Lien Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the Initial Second Lien Agreement Indenture and the provisions of Article [IX] XI of the Initial Second Lien Agreement Indenture applicable to the Agents Collateral (as defined therein) thereunder shall also apply to the Initial Second Lien Collateral Agent hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Cloud Peak Energy Inc.)

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Collateral Agent and Representative. It is understood and agreed that (a) the First Lien Credit Agreement Collateral Agent is entering into this Agreement in its capacity as administrative agent and collateral agent under the First Lien Credit Agreement and the provisions of Article 9 VIII of the First Lien Credit Agreement applicable to the Agents (as defined therein) thereunder shall also apply to the First Lien Credit Agreement Collateral Agent hereunder hereunder, and (b) the Initial Second Lien Collateral Agent is entering into this Agreement in its capacity as administrative agent and [collateral agent agent][administrative agent][collateral trustee] under the Initial Second Lien Agreement and the provisions of Article [IX] of the Initial Second Lien Agreement applicable to the Agents (as defined therein) thereunder shall also apply to not in its individual capacity, and in acting hereunder, the Initial Second Lien Collateral Agent hereundershall be entitled to all of the rights, protections, privileges, indemnities and immunities granted to it in such capacity under the Initial Second Lien Agreement as if such rights, protections, privileges, indemnities and immunities were set forth herein.

Appears in 1 contract

Samples: Intercreditor Agreement (Driven Brands Holdings Inc.)

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