Common use of Effect of a Securitization Default Clause in Contracts

Effect of a Securitization Default. After the occurrence of a Securitization Default the Indenture Trustee shall notify the Intercreditor Collateral Agent to such effect and after the Intercreditor Collateral Agent has received such notice and has had a commercially reasonable opportunity to act thereon, then, subject to the other provisions of this Agreement and to the terms of the Securitization Documents, (i) the Intercreditor Collateral Agent shall take such steps as may be instructed in writing by the Indenture Trustee (as directed by the Requisite Global Majority) to receive, hold and distribute all or any portion of the Securitization Collateral (including, without limitation, any Securitization Collections) and proceeds thereof and to comply with its other obligations set forth in this Agreement, and (ii) the Indenture Trustee (at the direction of the Requisite Global Majority) may take such steps as it is entitled to take under the Securitization Documents with respect to enforcement of any Securitization Document and collection and realization of the Securitization Collateral (or any portion thereof) and the proceeds thereof. In permitting the Indenture Trustee to distribute Securitization Collateral from the Lockbox Account pursuant to this Section 8(b), the Intercreditor Collateral Agent may rely conclusively on the notice provided by the Indenture Trustee to the effect that a Securitization Default has occurred without conducting any independent investigation thereof and notwithstanding any assertion or evidence to the contrary.

Appears in 3 contracts

Samples: Intercreditor and Collateral Agency Agreement (Exterran Holdings Inc.), Intercreditor and Collateral Agency Agreement (Exterran Holdings Inc.), Intercreditor and Collateral Agency Agreement (Universal Compression Holdings Inc)

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Effect of a Securitization Default. After the occurrence of a Securitization Default Default, the Indenture Trustee shall notify the Intercreditor Collateral Agent to such effect and as to the Intercreditor Collateral Agent, after the such Intercreditor Collateral Agent has received such notice and has had a commercially reasonable opportunity to act thereon, then, subject to the other provisions of this Agreement and to the terms of the Securitization Documents, (i) the Intercreditor Collateral Agent shall take such steps as may be instructed in writing by the Indenture Trustee (as directed by the Requisite Global Majority) to receive, hold and distribute all or any portion of the Securitization Collateral (including, without limitation, any Securitization Collections) and proceeds thereof and to comply with its other obligations set forth in this Agreement, including without limitation to send notice to default to JPMorgan Chase Bank, N.A. under the Blocked Account Agreement and otherwise to take control of the EXLP/JPMC Lockbox Account in accordance with the terms thereof; and (ii) the Indenture Trustee (at the direction of the Requisite Global Majority) may take such steps as it is entitled to take under the Securitization Documents with respect to enforcement of any Securitization Document and collection and realization of the Securitization Collateral (or any portion thereof) and the proceeds thereof. In permitting the Indenture Trustee to distribute Securitization Collateral from the Lockbox Account Accounts pursuant to this Section 8(b), the Intercreditor Collateral Agent may rely conclusively on the notice provided by the Indenture Trustee to the effect that a Securitization Default has occurred without conducting any independent investigation thereof and notwithstanding any assertion or evidence to the contrary.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Exterran Partners, L.P.)

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