Common use of Declaration of Senior Trust Clause in Contracts

Declaration of Senior Trust. To secure the payment of the Priority Lien Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, each of the Grantors hereby confirms the grant to the Collateral Agent, and the Collateral Agent hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future Priority Lien Secured Parties, all of such Grantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the Priority Lien Secured Parties, together with all of the Collateral Agent’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current and future Priority Lien Secured Parties as security for the payment of all present and future Priority Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 3 contracts

Samples: Collateral Agency Agreement, Collateral Agency Agreement (Gogo Inc.), Collateral Agency Agreement (Gogo Inc.)

AutoNDA by SimpleDocs

Declaration of Senior Trust. To secure the payment of the Priority Lien Debt Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, the Borrower and each of the Grantors Guarantors hereby confirms the grant to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future Priority Lien Secured Parties, all of such Grantorthe Borrower’s and each of the Guarantors’ right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the Priority Lien Secured Parties, together with all of the Collateral AgentTrustee’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current and future Priority Lien Secured Parties as security for the payment of all present and future Priority Lien Debt Obligations. Notwithstanding the foregoing, if at any time:

Appears in 2 contracts

Samples: Collateral Trust Agreement (Carmike Cinemas Inc), Collateral Trust Agreement (Carmike Cinemas Inc)

Declaration of Senior Trust. To secure the payment of the Priority Collateral Trust Parity Lien Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, each of the Grantors Pledgors hereby confirms the grant to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future Priority Collateral Trust Parity Lien Secured Parties, all of such Grantor’s Pledgor's right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Collateral Trust Parity Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the Priority Collateral Trust Parity Lien Secured Parties, together with all of the Collateral Agent’s Trustee's right, title and interest in, to and under the Priority Collateral Trust Parity Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current and future Priority Collateral Trust Parity Lien Secured Parties as security for the payment of all present and future Priority Lien Obligations. Notwithstanding the foregoing, if at any time:Collateral Trust Parity Lien

Appears in 1 contract

Samples: Collateral Trust Agreement (Harland Clarke Holdings Corp)

Declaration of Senior Trust. To secure the payment of the Priority Lien Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, the Issuer and each of the Grantors Guarantor hereby confirms the grant grants to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Priority Lien Secured PartiesObligations, all of the Issuer’s or such GrantorGuarantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the holders of Priority Lien Secured PartiesObligations, together with all of the Collateral AgentTrustee’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current and future holders of Priority Lien Secured Parties Obligations as security for the payment of all present current and future Priority Lien ObligationsObligations (the “Senior Trust”). Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Acco Brands Corp)

Declaration of Senior Trust. To secure the payment of the Priority Lien Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, each of the Grantors Issuer and each Guarantor hereby confirms the grant grants to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Priority Lien Secured PartiesObligations, all of such GrantorIssuer’s or Guarantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the holders of Priority Lien Secured PartiesObligations, together with all of the Collateral AgentTrustee’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current and future holders of Priority Lien Secured Parties Obligations as security for the payment of all present current and future Priority Lien ObligationsObligations (the “Senior Trust”). Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Solo Cup CO)

Declaration of Senior Trust. To secure the payment of the Priority Lien Obligations and in consideration of the premises and the mutual agreements set forth in this Agreement, the Company and each of the Grantors Guarantor hereby confirms the grant grants to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit solely and exclusively of all current and future holders of Priority Lien Secured PartiesObligations, all of the Company’s or such GrantorGuarantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the holders of the Priority Lien Secured PartiesObligations, together with all of the Collateral AgentTrustee’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current and future holders of Priority Lien Secured Parties Obligations as security for the payment of all present current and future Priority Lien ObligationsObligations (the “Senior Trust”). Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Security Agreement (MRC Global Inc.)

Declaration of Senior Trust. To secure the payment of the Priority Lien Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, each of the Grantors hereby confirms the grant to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future Priority Lien Secured Parties, all of such Grantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the equal and ratable benefit of the Priority Lien Secured Parties, together with all of the Collateral AgentTrustee’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current and future Priority Lien Secured Parties as security for the payment of all present and future Priority Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Foresight Energy LP)

AutoNDA by SimpleDocs

Declaration of Senior Trust. To secure the payment of the Priority Lien Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, Stream and each of the Grantors Guarantor hereby confirms the grant grants to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current and future holders of Priority Lien Secured PartiesObligations, all of Stream’s or such GrantorGuarantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the holders of Priority Lien Secured PartiesObligations, together with all of the Collateral AgentTrustee’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current and future holders of Priority Lien Secured Parties Obligations as security for the payment of all present current and future Priority Lien ObligationsObligations (the “Senior Trust”). Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Stream Global Services, Inc.)

Declaration of Senior Trust. To secure the payment of the Priority Lien Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, the Company and each of the Grantors Guarantors hereby confirms the grant grants to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current present and future holders of Priority Lien Secured PartiesObligations, all of such GrantorCompany’s or Guarantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the holders of Priority Lien Secured PartiesObligations, together with all of the Collateral AgentTrustee’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current present and future holders of Priority Lien Secured Parties Obligations as security for the payment of all present and future Priority Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement (Unisys Corp)

Declaration of Senior Trust. To secure the payment of the Priority Lien Obligations and in consideration of the premises and mutual agreements set forth in this Agreement, each of the Grantors Borrower and the Guarantors hereby grants (or reaffirms and confirms the grant its prior grant) to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts reaffirms and agrees confirms its acceptance and agreement to hold, in trust under this Agreement for the benefit of all current present and future Priority Lien Secured Parties, all of such GrantorBorrower’s and Guarantor’s right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the Priority Lien Secured Parties, together with all of the Collateral AgentTrustee’s right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the “Senior Trust Estate”). The Collateral Agent Trustee and its permitted successors and assigns under this Agreement will continue to hold the Senior Trust Estate in trust for the benefit solely and exclusively of all current present and future Priority Lien Secured Parties as security for the payment of all present and future Priority Lien Obligations. Notwithstanding the foregoing, if at any time:

Appears in 1 contract

Samples: Collateral Trust Agreement

Declaration of Senior Trust. To secure TO SECURE the payment of the Priority Lien Obligations and in consideration of the premises and the mutual agreements set forth in this Agreementherein, each of the Grantors Obligors hereby confirms the grant grants to the Collateral AgentTrustee, and the Collateral Agent Trustee hereby accepts and agrees to hold, in trust under this Agreement for the benefit of all current present and future holders of Priority Lien Secured PartiesObligations, all of such Grantor’s Obligor's right, title and interest in, to and under all Collateral now or hereafter granted to the Collateral Agent Trustee under any Priority Lien Security Document (in its capacity as collateral trustee, trustee, collateral agent or similar capacity under such Priority Lien Security Document) for the benefit of the Priority Lien Secured Parties, together with all of the Collateral Agent’s Trustee's right, title and interest in, to and under the Priority Lien Security Documents, and all interests, rights, powers and remedies of the Collateral Agent Trustee thereunder or in respect thereof and all cash and non-cash proceeds thereof (collectively, the "Senior Trust Estate"). The Collateral Agent and its permitted successors and assigns under this Agreement will hold , TO HAVE AND TO HOLD the Senior Trust Estate unto the Collateral Trustee and its successors and assigns in trust under this Agreement, IN TRUST, NEVERTHELESS, for the benefit solely and exclusively of all current present and future holders of Priority Lien Secured Parties Obligations as security for the payment of all present and future Priority Lien Obligations. Notwithstanding the foregoing, PROVIDED, that if at any time:time (i) all Liens granted by any and all of the Priority Lien Documents have been released as provided in Section 4.1, (ii) the Collateral Trustee holds no other property in trust as part of the Senior Trust Estate, (iii) no monetary obligation (other than indemnification and other contingent obligations not then due and payable) is outstanding and payable under this Agreement to the Collateral Trustee or any of its co-trustees, agents or sub-agents (whether in an individual or representative capacity) and (iv) the Company delivers to the Collateral Trustee an officer's certificate stating that all Liens of the Collateral Trustee have been released in compliance with all applicable provisions of the Priority Lien Documents and that Obligors are not required by any Priority Lien Document to grant any Lien upon any property to secure the Priority Lien Obligations, then the senior trust arising hereunder shall terminate, except that, notwithstanding such termination, all provisions set forth in Sections 7.7 and 7.8 hereof enforceable by the Collateral Trustee or any of its co-trustees, agents or sub-agents (whether in an individual or representative capacity) shall remain enforceable in accordance with their terms, AND THE PARTIES FURTHER DECLARE AND COVENANT that the Senior Trust Estate shall be held and distributed by the Collateral Trustee subject to the further agreements herein.

Appears in 1 contract

Samples: Collateral Trust Agreement (NRG Energy Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.