Common use of Creation of additional security Clause in Contracts

Creation of additional security. The value of any additional security which the Borrower offers to provide pursuant to Section 6.09(a) will only be taken into account for the purposes of determining the BB Ratio if and when: (a) that additional security, its value and the method of its valuation have been approved by the Administrative Agent (and, where required, the holders of any Additional Secured Debt), provided that (i) cash and (ii) any vessel which could be a Substitute Vessel (by meeting the criteria set forth in Section 6.05 and said conditions are met (other than, for the avoidance of doubt, the removal of any Collateral Vessel)), shall be approved additional security; (b) a Security Interest over that security has been constituted in favor of the Security Trustee in an approved form and manner; (c) the Loan Documents have been unconditionally amended in such a manner as the Administrative Agent and Borrower reasonably agree in consequence of that additional security being provided; and (d) the Administrative Agent, or its duly authorized representative, has received such documents and evidence it may reasonably require in relation to that amendment and additional security including documents and evidence of the type referred to in Article IV in relation to that amendment and additional security and its execution and (if applicable) registration.

Appears in 4 contracts

Samples: Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.)

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Creation of additional security. The value of any additional security which the Borrower Company offers to provide pursuant to Section 6.09(a10.9(a) will only be taken into account for the purposes of determining the BB Ratio if and when: (a) that additional security, its value and the method of its valuation have been approved either in accordance with the Requisite Program Debt, subject to Section 24.9, or by the Administrative Agent Required Holders (and, where required, the holders of any Additional Secured Debt), provided that (i) cash and (ii) any vessel which could be a Substitute Vessel (by meeting the criteria set forth in Section 6.05 10.5 and said conditions are met (other than, for the avoidance of doubt, the removal of any Collateral Vessel)), shall be approved additional security; (b) a Security Interest over that security has been constituted in favor of the Security Trustee in an approved form and manner; (c) the Loan Financing Documents have been unconditionally amended in such a manner as the Administrative Agent Company and Borrower either in accordance with the Requisite Program Debt, subject to Section 24.9, or the Required Holders reasonably agree in consequence of that additional security being provided; and (d) the Note Administrative Agent, or its duly authorized representative, has Agent have received such documents and evidence it may reasonably require in relation to that amendment and additional security including documents and evidence of the type referred to in Article IV Section 4 in relation to that amendment and additional security and its execution and (if applicable) registration.

Appears in 2 contracts

Samples: Note Purchase Agreement (Atlas Corp.), Note Purchase Agreement (Atlas Corp.)

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Creation of additional security. The value of any additional security which the Borrower offers to provide pursuant to Section 6.09(a) will only be taken into account for the purposes of determining the BB Ratio if and when: (ai) that additional security, its value and the method of its valuation have been approved by the Administrative Agent (and, where required, the holders of any Additional Secured Debt), provided that (i) cash and (ii) any vessel which could be a Substitute Vessel (by meeting the criteria set forth in Section 6.05 and said conditions are met (other than, for the avoidance of doubt, the removal of any Collateral Vessel)), shall be approved additional security; (bii) a Security Interest over that security has been constituted in favor of the Security Trustee in an approved form and manner; (ciii) the Loan Documents have been unconditionally amended in such a manner as the Administrative Agent and Borrower reasonably agree in consequence of that additional security being provided; and (div) the Administrative Agent, or its duly authorized representative, has received such documents and evidence it may reasonably require in relation to that amendment and additional security including documents and evidence of the type referred to in Article IV in relation to that amendment and additional security and its execution and (if applicable) registration.

Appears in 1 contract

Samples: Credit Agreement (Atlas Corp.)

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