Collateral and Security Documents. (a) In order to secure the due and punctual payment of the Notes and the other Obligations, the Credit Parties have entered into and delivered to the Collateral Trustee the Security Agreement and the other Security Documents, in each case, to which it is a party, to create the Liens on the Collateral securing their respective Obligations. The Collateral Trustee will hold and will be entitled to enforce all Liens on the Collateral created by the Security Documents. In the event of a conflict between the terms of this Indenture and the Security Documents in regards to the Collateral, the Security Documents shall control. (b) [Reserved] (c) Until the Notes and the other Obligations are discharged in full or are otherwise no longer outstanding, all remedies and Enforcement Actions in respect of the Collateral and any foreclosure actions in respect of any Liens on the Collateral, and all actions, undertakings or consents by the Collateral Trustee in respect of the Collateral shall be undertaken solely at the instruction of the Requisite Holders, including without limitation: (i) the exercise or forbearance from exercise of rights and remedies with respect to the Collateral and enforcement of Liens securing the Obligations; (ii) the exercise or forbearance from exercise of rights and powers of a holder of Equity Interests included in the Collateral; (iii) the acceptance of Collateral in full or partial satisfaction of any Notes and Subsidiary Guarantees; and (iv) the exercise and forbearance from exercise of all rights and remedies of a secured party under the UCC or any similar law of any applicable jurisdiction or equity.
Appears in 2 contracts
Samples: Indenture (Gevo, Inc.), Exchange and Purchase Agreement (Gevo, Inc.)
Collateral and Security Documents. (a) In order to secure the due and punctual payment of the Notes and the other Obligations, the Credit Parties have entered into and delivered to the Collateral Trustee the Security Agreement and the other Security Documents, in each case, to which it is a party, to create the Liens on the Collateral securing their respective Obligations. The Subject to the provisions of the Intercreditor Agreement and Subordination Agreement, the Collateral Trustee will hold and will be entitled to enforce all Liens on the Collateral created by the Security Documents. This Indenture shall be subject in all respects to the Intercreditor Agreement and Subordination Agreement. In the event of a conflict between the terms of this Indenture and the Intercreditor Agreement or Security Documents in regards to the Collateral, the Intercreditor Agreement and Security Documents shall control and, in the event of a conflict between the terms of the Intercreditor Agreement and the Security Documents, the Intercreditor Agreement shall control. In the event of a conflict between the terms of this Indenture and the Subordination Agreement or Security Documents in regards to the Collateral, the Subordination Agreement and Security Documents shall control and, in the event of a conflict between the terms of the Subordination Agreement and the Security Documents, the Subordination Agreement shall control.
(b) [Reserved].
(c) Until the Notes and the other Obligations are discharged in full or are otherwise no longer outstanding, all remedies and Enforcement Actions enforcement actions in respect of the Collateral and any foreclosure actions in respect of any Liens on the Collateral, and all actions, undertakings or consents by the Collateral Trustee in respect of the Collateral shall be undertaken solely at the instruction of the Requisite Holders, including without limitation:
(i) the exercise or forbearance from exercise of rights and remedies with respect to the Collateral and enforcement of Liens securing the Obligations;
(ii) the exercise or forbearance from exercise of rights and powers of a holder of Equity Interests included in the Collateral;
(iii) the acceptance of Collateral in full or partial satisfaction of any Notes and Subsidiary Guarantees; and
(iv) the exercise and forbearance from exercise of all rights and remedies of a secured party under the UCC or any similar law of any applicable jurisdiction or equity.
Appears in 1 contract
Collateral and Security Documents. (a) In order to secure the due and punctual payment of the Notes and the other Obligations, the Credit Parties have entered into and delivered to the Collateral Trustee, and/or have caused the execution (by, among other parties, the applicable Unrestricted Subsidiaries, if applicable) and delivery to the Collateral Trustee of, the Security Agreement and the other Security Documents, in each case, to which it is a party, to create the Liens on the Collateral securing their respective the Obligations. The Collateral Trustee will hold and will be entitled to enforce all Liens on the Collateral created by the Security Documents. In the event of a conflict between the terms of this Indenture and the Security Documents in regards to the Collateral, the Security Documents shall control.
(b) [Reserved]
(c) Until the Notes and the other Obligations are discharged in full or are otherwise no longer outstanding, all remedies and Enforcement Actions in respect of the Collateral and any foreclosure actions in respect of any Liens on the Collateral, and all actions, undertakings or consents by the Collateral Trustee in respect of the Collateral shall be undertaken solely at the instruction of the Requisite Holders, including without limitation:
(i) the exercise or forbearance from exercise of rights and remedies with respect to the Collateral and enforcement of Liens securing the Obligations;
(ii) the exercise or forbearance from exercise of rights and powers of a holder of Equity Interests included in the Collateral;
(iii) the acceptance of Collateral in full or partial satisfaction of any Notes and Subsidiary Guarantees; and
(iv) the exercise and forbearance from exercise of all rights and remedies of a secured party under the UCC or any similar law of any applicable jurisdiction or equity.
Appears in 1 contract
Samples: Indenture (Gevo, Inc.)