Common use of Collateral Agent As Agent Clause in Contracts

Collateral Agent As Agent. (a) Barclays Bank PLC has been appointed to act as the Collateral Agent under the Collateral Agency Agreement by the Administrative Agent on behalf of the Lenders represented by it and, by their acceptance of the benefits hereof, the other Secured Parties hereby consent to such appointment and agree to the terms of the Collateral Agency Agreement. The Collateral Agent shall be obligated, and shall have the right hereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with the Collateral Agency Agreement, this Security Agreement, the Credit Agreement and the Collateral Documents to which the Collateral Agent is a party in its capacity as such, provided that the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for in Section 5 as directed by an Act of the Secured Parties. In furtherance of the foregoing provisions of this Section 7(a), each Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, it being understood and agreed by such Secured Party that all rights and remedies hereunder may be exercised solely by the Collateral Agent for the benefit of the applicable Secured Parties in accordance with the terms of this Section 7(a).

Collateral Agent As Agent. (a) Barclays Bank PLC Citicorp North America, Inc. has been appointed to act as the Collateral Agent under the Collateral Agency Credit Agreement by the Administrative Agent on behalf of the Lenders represented by it and, by their acceptance of the benefits hereofhereof and the other Security Documents, the other Secured Parties hereby consent to such appointment and agree to the terms of the Collateral Agency AgreementParties. The Collateral Agent shall be obligated, and shall have the right hereunderhereunder and under the other Security Documents, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with the Collateral Agency Agreement, this Security Agreement, the other Security Documents, the Credit Agreement and the Collateral Documents to which the Collateral Agent is a party in its capacity as suchIntercreditor Agreement, provided that that, except as otherwise expressly provided in the Credit Agreement or the other Credit Documents, the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for herein, including in Section 5 as directed by an Act 5, in accordance with the instructions of the Secured PartiesRequired Lenders. In furtherance of the foregoing provisions of this Section subsection 7(a), each Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, it being understood and agreed by such Secured Party that all rights and remedies hereunder or pursuant to the other Security Documents, may be exercised solely by the Collateral Agent for the benefit of the applicable Lenders and Secured Parties in accordance with the terms of this Section subsection 7(a).

Collateral Agent As Agent. (a) Barclays U.S. Bank PLC National Association has been appointed to act as the Collateral Agent under the Collateral Agency Agreement Indenture by the Administrative Agent on behalf of the Lenders represented by it Holders and, by their acceptance of the benefits hereofhereof and the other Security Documents, the other Secured Parties hereby consent to such appointment and agree to the terms of the Collateral Agency AgreementParties. The Collateral Agent shall be obligated, and shall have the right hereunderhereunder and under the other Security Documents, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of CollateralCollateral or Mortgaged Property), solely in accordance with the Collateral Agency Agreement, this Security Agreement, the Credit Agreement other Security Documents, the Indenture and the Collateral Documents to which the Collateral Agent is a party in its capacity as suchIntercreditor Agreement, provided that that, except as otherwise expressly provided in the Indenture or the other Note Documents, the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for herein, including in Section 5 as directed by an Act 5, in accordance with the instructions of the Required Secured Parties. In furtherance of the foregoing provisions of this Section subsection 7(a), each Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunderhereunder or Mortgaged Property, it being understood and agreed by such Secured Party that all rights and remedies hereunder or pursuant to the other Security Documents, may be exercised solely by the Collateral Agent for the benefit of the applicable Secured Parties in accordance with the terms of this Section subsection 7(a).

Collateral Agent As Agent. (a) Barclays The Bank PLC of New York Mellon Trust Company, N.A. has been appointed to act as the Collateral Agent under the Collateral Agency Agreement Indenture, by the Administrative Agent on behalf of the Lenders represented by it Issuers and, by their acceptance of the benefits hereof, the Holders and the other Second Lien Secured Parties hereby consent to such appointment and agree to the terms of the Collateral Agency AgreementParties. The Collateral Agent shall be obligated, and shall have the right hereunder, to make demands, to give notices, to provide consents, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with the Collateral Agency Agreement, this Security Agreement, the Credit Agreement Indenture, the Additional Second Lien Agreements and the Collateral Documents to which the Collateral Agent is a party in its capacity as such, Intercreditor Agreement; provided that the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for in Section 5 as directed by an Act in accordance with the instructions of the Required Secured Parties. In furtherance of the foregoing provisions of this Section 7(a), each Second Lien Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, it being understood and agreed by such Second Lien Secured Party that all rights and remedies hereunder may be exercised solely by the Collateral Agent for the benefit of the applicable Second Lien Secured Parties in accordance with the terms of this Section 7(a).

Collateral Agent As Agent. (a) Barclays The Bank PLC of New York Mellon Trust Company, N.A. has been appointed to act as the Collateral Agent under the Collateral Agency Agreement by the Administrative Agent on behalf of the Lenders represented by it and, by their acceptance of the benefits hereof, the other Secured Parties hereby consent to such appointment and agree to the terms of the Collateral Agency AgreementIndenture. The Collateral Agent shall be obligated, and shall have the right hereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with the Collateral Agency Agreement, this Security Agreement, the Credit Agreement and the Collateral Documents to which the Collateral Agent is a party in its capacity as suchIndenture, provided that the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for in Section 5 as directed by an Act in accordance with the instructions of the Secured PartiesHolders. In furtherance of the foregoing provisions of this Section 7(a), each Secured Party, by its acceptance of the benefits hereofhereof and under the Indenture, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, except to the extent specifically set forth in Section 5 of the Guarantee, it being understood and agreed by such Secured Party that all rights and remedies hereunder may be exercised solely by the Collateral Agent for the ratable benefit of the applicable Holders and Secured Parties in accordance with the terms of this Section 7(a), the Indenture and the Intercreditor Agreements.