Creditors’, Debtors’, Intra. Group Lenders’ and Security Providers’ actions (a) do all things that: (i) in the case of a Debtor or a Security Provider in relation to a Distressed Disposal under Clause 8.2, the Security Agent requests; or (ii) in any other case, the Security Agent reasonably requests, in order to give effect to this Clause 8 (which shall include, without limitation, the execution of any assignments, transfers, releases or other documents that the Security Agent may consider to be necessary to give effect to the releases or disposals contemplated by this Clause 8); and (b) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 or is otherwise prevented from taking or, with respect to any Creditor or Intra-Group Lender, unable to take the actions contemplated by this Clause 8 and requests that a Creditor or Intra-Group Lender take that action, each Creditor or Intra-Group Lender will undertake that action itself in accordance with the instructions of the Security Agent or grant a power of attorney to the Security Agent (on such terms as the Security Agent may reasonably require) to enable the Security Agent to take such action under applicable law (any such power of attorney, with respect to any enforcement of Transaction Security governed by Spanish law or any claim against a Debtor or Security Provider incorporated in Spain, shall be notarised and apostilled); (c) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 with respect to any Debtor or Security Provider or requests that any Debtor or Security Provider take any such action, such Debtor or Security Provider shall take that action itself in accordance with the instructions of the Security Agent, provided that the proceeds of those disposals are applied in accordance with Clause 8.1 (Non-Distressed Disposals) or Clause 8.2 (Distressed Disposals) as the case may be.
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Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Creditors’, Debtors’, Intra. Group Lenders’ and Security Providers’ actions
(a) do all things that:
(i) in the case of a Debtor or a Security Provider in relation to a Distressed Disposal under Clause 8.2, the Security Agent requests; or
(ii) in any other case, the Security Agent reasonably requests, in order to give effect to this Clause 8 (which shall include, without limitation, the execution of any assignments, transfers, releases or other documents that the Security Agent may consider to be necessary to give effect to the releases or disposals contemplated by this Clause 8); and
(b) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 or is otherwise prevented from taking or, with respect to any Creditor or Intra-Group Lender, unable to take the actions contemplated by this Clause 8 and requests that a Creditor or Intra-Group Lender take that 169836-4-16896-v10.0 - 38 - 66-40580427 action, each Creditor or Intra-Group Lender will undertake that action itself in accordance with the instructions of the Security Agent or grant a power of attorney to the Security Agent (on such terms as the Security Agent may reasonably require) to enable the Security Agent to take such action under applicable law (any such power of attorney, with respect to any enforcement of Transaction Security governed by Spanish law or any claim against a Debtor or Security Provider incorporated in Spain, shall be notarised and apostilled);
(c) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 with respect to any Debtor or Security Provider or requests that any Debtor or Security Provider take any such action, such Debtor or Security Provider shall take that action itself in accordance with the instructions of the Security Agent, provided that the proceeds of those disposals are applied in accordance with Clause 8.1 (Non-Distressed Disposals) or Clause 8.2 (Distressed Disposals) as the case may be.
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Creditors’, Debtors’, Intra. Group Lenders’ and Security Providers’ actions
(a) do all things that:
(i) in the case of a Debtor or a Security Provider in relation to a Distressed Disposal under Clause 8.2, the Security Agent requests; or
(ii) in any other case, that the Security Agent reasonably requests, requests in order to give effect to this Clause 8 9 (which shall include, without limitation, the execution of any assignments, transfers, releases or other documents that the Security Agent may consider to be necessary to give effect to the releases or disposals contemplated by this Clause 8); and9.1 (Release of Mexican Security Trust Agreement) and Clause 9.2 (Release of Transaction Security - other jurisdictions));
(b) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 9 or is otherwise prevented from taking or, with respect to any Creditor or Intra-Group Lender, unable to take the actions contemplated by this Clause 8 9 and requests that a Creditor or Intra-Group Lender take that action, each Creditor or and Intra-Group Lender will undertake that action itself in accordance with the instructions of the Security Agent or grant a power of attorney to the Security Agent (on such terms as the Security Agent may reasonably require) to enable the Security Agent to take such action under applicable law (any such power of attorney, with respect to any enforcement of Transaction Security governed by Spanish law or any claim against a Debtor or Security Provider incorporated in Spain, shall be notarised and apostilled);; and
(c) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 9 with respect to any Debtor Debtor, Intra-Group Lender or Security Provider or requests that any Debtor Debtor, Intra-Group Lender or Security Provider take any such action, such Debtor Debtor, Intra-Group Lender or Security Provider shall take that action itself in accordance with the instructions of the Security Agent, provided that the proceeds of those disposals are applied in accordance with Clause 8.1 (Non-Distressed Disposals) or Clause 8.2 (Distressed Disposals) as the case may be.
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Creditors’, Debtors’, Intra. Group Lenders’ and Security Providers’ actions
(a) do all things that:
(i) in the case of a Debtor or a Security Provider in relation to a Distressed Disposal under Clause 8.2, the Security Agent requests; or
(ii) in any other case, that the Security Agent reasonably requests, requests in order to give effect to this Clause 8 9 (which shall include, without limitation, the execution of any assignments, transfers, releases or other documents that the Security Agent may consider to be necessary to give effect to the releases or disposals contemplated by this Clause 8); and9.1 (Release of Mexican Security Trust Agreement), Clause 9.2 (Release of Transaction Security—other jurisdictions) and Clause 9.3 (Termination of Agreement));
(b) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 9 or is otherwise prevented from taking or, with respect to any Creditor or Intra-Group Lender, unable to take the actions contemplated by this Clause 8 9 and requests that a Creditor or Intra-Group Lender take that action, each Creditor or and Intra-Group Lender will undertake that action itself in accordance with the instructions of the Security Agent or grant a power of attorney to the Security Agent (on such terms as the Security Agent may reasonably require) to enable the Security Agent to take such action under applicable law (any such power of attorney, with respect to any enforcement of Transaction Security governed by Spanish law or any claim against a Debtor or Security Provider incorporated in Spain, shall be notarised and apostilled);; and
(c) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 9 with respect to any Debtor Debtor, Intra-Group Lender or Security Provider or requests that any Debtor Debtor, Intra-Group Lender or Security Provider take any such action, such Debtor Debtor, Intra-Group Lender or Security Provider shall take that action itself in accordance with the instructions of the Security Agent, provided that the proceeds of those disposals are applied in accordance with Clause 8.1 (Non-Distressed Disposals) or Clause 8.2 (Distressed Disposals) as the case may be.
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Creditors’, Debtors’, Intra. Group Lenders’ and Security Providers’ actions
(a) do all things that:
(i) in the case of a Debtor or a Security Provider in relation to a Distressed Disposal under Clause 8.2, the Security Agent requests; or
(ii) in any other case, that the Security Agent reasonably requests, requests in order to give effect to this Clause 8 9 (which shall include, without limitation, the execution of any assignments, transfers, releases or other documents that the Security Agent may consider to be necessary to give effect to the releases or disposals contemplated by this Clause 8); and9.1 (Release of Mexican Security Trust Agreement), Clause 9.2 (Release of Transaction Security - other jurisdictions) and Clause 9.3 (Termination of Agreement));
(b) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 9 or is otherwise prevented from taking or, with respect to any Creditor or Intra-Group Lender, unable to take the actions contemplated by this Clause 8 9 and requests that a Creditor or Intra-Group Lender take that action, each Creditor or and Intra-Group Lender will undertake that action itself in accordance with the instructions of the Security Agent or grant a power of attorney to the Security Agent (on such terms as the Security Agent may reasonably require) to enable the Security Agent to take such action under applicable law (any such power of attorney, with respect to any enforcement of Transaction Security governed by Spanish law or any claim against a Debtor or Security Provider incorporated in Spain, shall be notarised and apostilled);; and
(c) if the Security Agent is not entitled to take any of the actions contemplated by this Clause 8 9 with respect to any Debtor Debtor, Intra-Group Lender or Security Provider or requests that any Debtor Debtor, Intra-Group Lender or Security Provider take any such action, such Debtor Debtor, Intra-Group Lender or Security Provider shall take that action itself in accordance with the instructions of the Security Agent, provided that the proceeds of those disposals are applied in accordance with Clause 8.1 (Non. 169836-Distressed Disposals) or Clause 8.2 (Distressed Disposals) as the case may be.4-16896-v10.0 - 41 - 66-40580427
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