Common use of Decisions Relating to Exercise of Remedies Clause in Contracts

Decisions Relating to Exercise of Remedies. Notwithstanding anything in this Agreement to the contrary, as provided in the Intercreditor Agreement, the Collateral Agent shall exercise, or shall refrain from exercising, any remedy provided for in Section 11A in accordance with the instructions of Requisite Obligees (as defined in the Intercreditor Agreement) and the Credit Agents, the Interest Rate Exchangers, the Currency Exchangers, the Foreign Lenders, the holders of the Senior Debentures and the Senior Debenture Trustee, the Commercial Paper Holders and the Commercial Paper Representatives, and the holders of the Subordinated Debt Securities and the Subordinated Debt Trustee shall be bound by such instructions; and the sole rights of the Credit Agents, the Interest Rate Exchangers, the Currency Exchangers, the Foreign Lenders, the holders of the Senior Debentures and the Senior Debenture Trustee, the Commercial Paper Holders and the Commercial Paper Representatives, and the holders of the Subordinated Debt Securities and the Subordinated Debt Trustee under this Agreement shall be to be secured by the Pledged Collateral and to receive the payments provided for in Section 12 hereof; provided, however, that if the Collateral Agent has requested instructions from any Commercial Paper Representative as to the exercise of any such remedies and such Commercial Paper Representative has not promptly responded to such request, in determining the instructions given by Requisite Obligees (as defined in the Intercreditor Agreement), the Collateral Agent shall disregard such Commercial Paper Representative and the outstanding amount of Commercial Paper in respect of which such Commercial Paper Representative is the Commercial Paper Representative.

Appears in 1 contract

Samples: Company Pledge Agreement (Owens Illinois Inc /De/)

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Decisions Relating to Exercise of Remedies. Notwithstanding anything in this Agreement to the contrary, as provided in the Intercreditor Agreement, the Collateral Agent shall exercise, or shall refrain from exercising, any remedy provided for in Section 11A SECTION 11 in accordance with the instructions of Requisite Obligees (as defined in the Intercreditor Agreement) and the Credit Agents, the Interest Rate Exchangers, the Currency Exchangers, any Other Permitted Credit Exposure Holders, the Foreign Lendersholders of any New Senior Debt or any New Senior Debt Representative, the holders of the Existing Senior Debentures Notes and the any Existing Senior Debenture Note Trustee, the Commercial Paper Holders holders of any Refinancing Senior Debt and the Commercial Paper Representatives, any Refinancing Senior Debt Representative and the holders of the Subordinated any New Junior Debt Securities and the Subordinated any New Junior Debt Trustee Representative shall be bound by such instructions; and the sole rights of the Credit Agents, the Interest Rate Exchangers, the Currency Exchangers, the Foreign LendersOther Permitted Credit Exposure Holders, the holders of any New Senior Debt, holders of the Existing Senior Debentures Notes and the Existing Senior Debenture TrusteeNote Trustees, the Commercial Paper Holders and the Commercial Paper Representativesholders of any Refinancing Senior Debt, and the holders of the Subordinated any New Junior Debt Securities and the Subordinated Debt Trustee their respective representatives under this Agreement shall be to be secured by the Pledged Collateral and to receive the payments provided for in Section SECTION 12 hereof; provided, however, that if the Collateral Agent has requested instructions from any Commercial Paper Representative as to the exercise of any such remedies and such Commercial Paper Representative has not promptly responded to such request, in determining the instructions given by Requisite Obligees (as defined in the Intercreditor Agreement), the Collateral Agent shall disregard such Commercial Paper Representative and the outstanding amount of Commercial Paper in respect of which such Commercial Paper Representative is the Commercial Paper Representative.

Appears in 1 contract

Samples: Pledge Agreement (Owens Illinois Inc /De/)

Decisions Relating to Exercise of Remedies. Notwithstanding anything in this Agreement to the contrary, as provided in the Intercreditor Agreement, the Collateral Agent shall exercise, or shall refrain from exercising, any remedy provided for in Section 11A 11 in accordance with the instructions of Requisite Obligees (as defined in the Intercreditor Agreement) and the any Other Permitted Credit AgentsExposure Holders, the Interest Rate Exchangers, the Currency Exchangers, the Foreign Lendersholders of any New Senior Debt or any New Senior Debt Representative, the holders of the Existing Holdings Senior Debentures Notes and the any Existing Holdings Senior Debenture Notes Trustee, the Commercial Paper Holders holders of any Refinancing Senior Debt and the Commercial Paper Representatives, any Refinancing Senior Debt Representative and the holders of the Subordinated any New Junior Debt Securities and the Subordinated any New Junior Debt Trustee Representative shall be bound by such instructions; and the sole rights of the Other Permitted Credit Agents, the Interest Rate Exchangers, the Currency Exchangers, the Foreign LendersExposure Holders, the holders of any New Senior Debt and any New Senior Debt Representative with respect thereto, holders of the Existing Holdings Senior Debentures Notes and the Existing Holdings Senior Debenture TrusteeNotes Trustees, the Commercial Paper Holders and the Commercial Paper Representativesholders of any Refinancing Senior Debt, and the holders of the Subordinated any New Junior Debt Securities and the Subordinated Debt Trustee their respective representatives under this Agreement shall be to be secured by the Pledged Collateral and to receive the payments provided for in Section 12 hereof; provided, however, that if the Collateral Agent has requested instructions from any Commercial Paper Representative as to the exercise of any such remedies and such Commercial Paper Representative has not promptly responded to such request, in determining the instructions given by Requisite Obligees (as defined in the Intercreditor Agreement), the Collateral Agent shall disregard such Commercial Paper Representative and the outstanding amount of Commercial Paper in respect of which such Commercial Paper Representative is the Commercial Paper Representative.

Appears in 1 contract

Samples: Pledge Agreement (Owens Illinois Group Inc)

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Decisions Relating to Exercise of Remedies. Notwithstanding anything in this Agreement to the contrary, as provided in the Intercreditor Agreement, the Collateral Agent shall exercise, or shall refrain from exercising, any remedy provided for in Section 11A 11 in accordance with the instructions of Requisite Obligees (as defined in the Intercreditor Agreement) and the Credit Agents, the Interest Rate Exchangers, the Currency Exchangers, any Other Permitted Credit Exposure Holders, the Foreign Lendersholders of any New Senior Debt or any New Senior Debt Representative, the holders of the Existing Holdings Senior Debentures Notes and the any Existing Holdings Senior Debenture Notes Trustee, the Commercial Paper Holders holders of any Refinancing Senior Debt and the Commercial Paper Representatives, any Refinancing Senior Debt Representative and the holders of the Subordinated any New Junior Debt Securities and the Subordinated any New Junior Debt Trustee Representative shall be bound by such instructions; and the sole rights of the Credit Agents, the Interest Rate Exchangers, the Currency Exchangers, the Foreign LendersOther Permitted Credit Exposure Holders, the holders of any New Senior Debt and any New Senior Debt Representative with respect thereto, holders of the Existing Holdings Senior Debentures Notes and the Existing Holdings Senior Debenture TrusteeNotes Trustees, the Commercial Paper Holders and the Commercial Paper Representativesholders of any Refinancing Senior Debt, and the holders of the Subordinated any New Junior Debt Securities and the Subordinated Debt Trustee their respective representatives under this Agreement shall be to be secured by the Pledged Collateral and to receive the payments provided for in Section 12 hereof; provided, however, that if the Collateral Agent has requested instructions from any Commercial Paper Representative as to the exercise of any such remedies and such Commercial Paper Representative has not promptly responded to such request, in determining the instructions given by Requisite Obligees (as defined in the Intercreditor Agreement), the Collateral Agent shall disregard such Commercial Paper Representative and the outstanding amount of Commercial Paper in respect of which such Commercial Paper Representative is the Commercial Paper Representative.

Appears in 1 contract

Samples: Pledge Agreement (Oi Levis Park STS Inc)

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