Common use of Duties owed Clause in Contracts

Duties owed. Each of the Secured Parties and the Debtors acknowledges that, in the event that the Security Agent enforces or is instructed to enforce the Transaction Security prior to the Senior Discharge Date, the duties of the Security Agent and of any Receiver or Delegate owed to the Junior Lenders in respect of the method, type and timing of that enforcement or of the exploitation, management or realisation of any of that Transaction Security shall, subject to Clause 11.4 (Fair value), be no different to or greater than the duty that is owed by the Security Agent, Receiver or Delegate to the Debtors under general law.

Appears in 2 contracts

Sources: Intercreditor Agreement (LumiraDx LTD), Intercreditor Agreement (LumiraDx LTD)

Duties owed. Each of the Secured Parties and the Debtors acknowledges that, in the event that the Security Agent enforces or is instructed to enforce the Transaction Security prior to the Senior Primary Discharge Date, the duties of the Security Agent and of any Receiver or Delegate owed to the Junior Lenders Senior Parent Creditors in respect of the method, type and timing of that enforcement or of the exploitation, management or realisation of any of that Transaction Security shall, subject to paragraph (c) of Clause 11.4 13.2 (Fair valueDistressed Disposals), be no different to or greater than the duty that is owed by the Security Agent, Receiver or Delegate to the Debtors under general law.

Appears in 1 contract

Sources: Commitment Letter

Duties owed. Each of the Secured Parties and the Debtors acknowledges that, in the event that the Security Agent Trustee enforces or is instructed to enforce the Transaction Security prior to the Senior Discharge DateSecurity, the duties of the Security Agent Trustee and of any Receiver or Delegate owed to the Junior Lenders them in respect of the method, type and timing of that enforcement or of the exploitation, management or realisation of any of that Transaction Security shall, subject to paragraph (b) of Clause 11.4 11.2 (Fair valueDistressed Disposals), be no different to or greater than the duty that is owed by the Security AgentTrustee, Receiver or Delegate to the Debtors under general law.

Appears in 1 contract

Sources: Intercreditor Deed

Duties owed. Each of the Secured Parties and the Debtors acknowledges acknowledge that, in the event that the Security Agent enforces or is instructed to enforce the Transaction Security prior to the Senior Discharge Date, the duties of the Security Agent and of any Receiver or Delegate owed to the Junior Lenders in respect of the method, type and timing of that enforcement or of the exploitation, management or realisation of any of that Transaction Security shall, subject to Clause 11.4 12.4 (Fair valueValue), be no different to or greater than the duty that is owed by the Security Agent, Receiver or Delegate to the Debtors under general law.

Appears in 1 contract

Sources: Intercreditor Agreement

Duties owed. Each of the Secured Parties and the Debtors acknowledges that, in the event that the Security Agent enforces or is instructed to enforce the Transaction Security prior to the Senior Discharge Date, the duties of the Security Agent and of any Receiver or Delegate owed to the Junior Lenders in respect of the method, type and timing of that enforcement or of the exploitation, management or realisation of any of that Transaction Security shall, subject to Clause 11.4 (Fair valueValue), be no different to or greater than the duty that is owed by the Security Agent, Receiver or Delegate to the Debtors under general law.

Appears in 1 contract

Sources: Intercreditor Agreement