Declaration and Acceptance of Trust. The Second Priority Collateral Trustee hereby declares, and each of Rite Aid, the Subsidiary Guarantors and the Second Priority Debt Parties agrees, that the Second Priority Collateral Trustee holds the Trust Estate as trustee in trust under this Agreement for the benefit of the Second Priority Debt Parties as provided herein. By acceptance of the benefits of this Agreement, each Second Priority Debt Party (whether or not a signatory hereto) (i) consents to the appointment of the Second Priority Collateral Trustee as trustee hereunder, (ii) confirms that the Second Priority Collateral Trustee shall have the authority to act as the exclusive agent of such Second Priority Debt Party for enforcement of any remedies under or with respect to any Second Priority Collateral Document and the giving or withholding of any consent or approval relating to any Collateral or any Subsidiary Guarantor's obligations with respect thereto and (iii) agrees that, except as provided in this Agreement, it shall not take any action to enforce any of such remedies or give any such consents or approvals.
Appears in 3 contracts
Samples: Collateral Trust and Intercreditor Agreement (Rite Aid Corp), Collateral Trust and Intercreditor Agreement (Rite Aid Corp), Collateral Trust and Intercreditor Agreement (Rite Aid Corp)
Declaration and Acceptance of Trust. The Second Priority Collateral Trustee hereby declares, and each of Rite Aid, the Subsidiary Guarantors and the Second Priority Debt Parties Company agrees, that the Second Priority Collateral Trustee holds the Trust Estate as trustee in trust under this Agreement for the equal and ratable benefit of the Second Priority Debt Secured Parties as provided herein. By The Collateral Trustee is appointed the Collateral Trustee hereunder by the Mortgage Bond Trustee and by acceptance of the benefits of this AgreementAgreement and the Shared Security Documents, each Second Priority Debt Secured Party (whether or not a signatory hereto) (i) consents and agrees to the appointment of the Second Priority Collateral Trustee as trustee hereunder, (ii) confirms that the Second Priority Collateral Trustee shall have the authority to act as the exclusive agent of such Second Priority Debt Secured Party for enforcement of any remedies under or with respect to any Second Priority Collateral Document the Shared Security Documents and the giving or withholding of any consent or approval relating to any Shared Collateral or any Subsidiary Guarantor's the Company’s obligations with respect thereto and (iii) agrees that, except as expressly provided in this Agreement, it such Secured Party shall not take any action to enforce any of such remedies or give any such consents or approvals.
Appears in 2 contracts
Samples: Intercreditor and Collateral (Midamerican Funding LLC), Intercreditor and Collateral (Midamerican Energy Co)
Declaration and Acceptance of Trust. The Second Priority Collateral Trustee hereby declares, and each of Rite Aid, the Subsidiary Guarantors and the Second Priority Debt Parties agrees, that the Second Priority Collateral Trustee holds the Trust Estate as trustee in trust under this Agreement for the benefit of the Second Priority Debt Parties as provided herein. By acceptance of the benefits of this Agreement, each Second Priority Debt Party (whether or not a signatory hereto) (i) consents to the appointment of the Second Priority Collateral Trustee as trustee hereunder, (ii) confirms that the Second Priority Collateral Trustee shall have the authority to act as the exclusive agent of such Second Priority Debt Party for enforcement of any remedies under or with respect to any Second Priority Collateral Document and the giving or withholding of any consent or approval relating to any Collateral or any Subsidiary Guarantor's ’s obligations with respect thereto and (iii) agrees that, except as provided in this Agreement, it shall not take any action to enforce any of such remedies or give any such consents or approvals. 4 SECTION 2.02.
Appears in 1 contract
Declaration and Acceptance of Trust. The Second Priority Collateral Trustee hereby declares, and each of Rite Aid, the Subsidiary Guarantors and the Second Priority Debt Parties agrees, that the Second Priority Collateral Trustee holds the Trust Estate as trustee in trust under this Agreement for the benefit of the Second Priority Debt Parties as provided herein. By acceptance of the benefits of this Agreement, each Second Priority Debt Party (whether or not a signatory hereto) (i) consents to the appointment of the Second Priority Collateral Trustee as trustee hereunder, (ii) confirms that the Second Priority Collateral Trustee shall have the authority to act as the exclusive agent of such Second Priority Debt Party for enforcement of any remedies under or with respect to any Second Priority Collateral Document and the giving or withholding of any consent or approval relating to any Collateral or any Subsidiary Guarantor's ’s obligations with respect thereto and (iii) agrees that, except as provided in this Agreement, it shall not take any action to enforce any of such remedies or give any such consents or approvals.
Appears in 1 contract
Samples: Collateral Trust and Intercreditor Agreement (Rite Aid Corp)