Common use of Form and Sufficiency of Release Clause in Contracts

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a Guarantor, and the Company or any Guarantor requests in writing that the Noteholder Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 8 contracts

Samples: Indenture (Vantage Drilling International), Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD)

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Form and Sufficiency of Release. In the event that the Company Issuers or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company such Issuer or any Guarantor to any Person other than the Company an Issuer or a Guarantor, and the Company such Issuer or any Guarantor requests in writing that the Noteholder Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company such Issuer or such Guarantor (in proper form prepared by the Company such Issuer or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 7 contracts

Samples: Notes Purchase Agreement (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a Guarantor, and the Company or any Guarantor requests in writing that the Noteholder Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 3 contracts

Samples: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)

Form and Sufficiency of Release. In the event that the Company either Issuer or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that that, under the terms of this Indenture may be sold, exchanged or otherwise disposed of by the Company either Issuer or any Guarantor to any Person other than the Company or a Guarantor, and the Company such Issuer or any Guarantor requests in writing that the Noteholder Collateral Agent to furnish a written disclaimer, release or quit-claim quitclaim of any interest in such property under this Indenture Indenture, the applicable Guarantee and the Security Documents, upon being satisfied that such Issuer or Guarantor is selling, exchanging or otherwise disposing of the Collateral Agreementsin accordance with the provisions of Section 10.3, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company such Issuer or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument in the form provided by the Issuers, and providing for release without representation or warranty recourse, promptly after satisfaction of the conditions set forth herein for delivery of any such release and shall take such other action as such Issuer or Guarantor may reasonably request and as necessary to effect such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of and the Collateral AgreementsSecurity Documents.

Appears in 2 contracts

Samples: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.

Form and Sufficiency of Release. In the event that the Company Company, any Guarantor or any Guarantor Foreign Grantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company Company, such Guarantor or any Guarantor to any Person other than the Company or a Guarantorsuch Foreign Grantor, and the Company Company, such Guarantor or any Guarantor such Foreign Grantor requests in writing that the Noteholder Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company Company, such Guarantor or such Guarantor Foreign Grantor (in proper form form-prepared by the Company Company, such Guarantor or such GuarantorForeign Grantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 2 contracts

Samples: Viskase Companies Inc, Viskase Companies Inc

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any such Guarantor to any Person other than the Company or a Guarantor, and the Company or any such Guarantor requests in writing that the Noteholder Trustee or Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsDocuments, the Noteholder Trustee and the Collateral Agent Agent, as applicable, shall execute, acknowledge and deliver to the Company or such Guarantor (in proper the form prepared by the Company or such Guarantorat the Company’s sole expense) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral AgreementsDocuments.

Appears in 2 contracts

Samples: Intercreditor Agreement (CPM Holdings, Inc.), CPM Holdings, Inc.

Form and Sufficiency of Release. In the event that the Company Issuers or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Second Lien Collateral that may be sold, exchanged or otherwise disposed of by the Company such Issuer or such Guarantor (other than to an Issuer or any Guarantor to any Person other than the Company or a Guarantor), and the Company such Issuer or any such Guarantor requests in writing that the Noteholder Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsSecurity Documents, the Noteholder Collateral Agent shall execute, acknowledge and deliver (at the expense of the Company) to the Company Issuers or such Guarantor (in proper form prepared by the Company Issuers or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral AgreementsSecurity Documents.

Appears in 2 contracts

Samples: Senior Secured (Talos Energy Inc.), Senior Secured (EnVen Energy Corp)

Form and Sufficiency of Release. In the event that the Company Issuer or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that that, under the terms of this Indenture may be sold, exchanged or otherwise disposed of by the Company Issuer or any Guarantor to any Person other than the Company or a Guarantor, and the Company such Issuer or any Guarantor requests in writing that the Noteholder Collateral Agent to furnish a written disclaimer, release or quit-claim quitclaim of any interest in such property under this Indenture Indenture, the applicable Guarantee and the Security Documents, upon being satisfied that the Issuer or Guarantor is selling, exchanging or otherwise disposing of the Collateral Agreementsin accordance with the provisions of Section 10.3, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company such Issuer or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument in the form provided by the Issuer, and providing for release without representation or warranty recourse, promptly after satisfaction of the conditions set forth herein for delivery of any such release and shall take such other action as such Issuer or Guarantor may reasonably request and as necessary to effect such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of and the Collateral AgreementsSecurity Documents.

Appears in 2 contracts

Samples: Indenture (Ryerson Holding Corp), Intercreditor Agreement (Ryerson Holding Corp)

Form and Sufficiency of Release. In the event that the Company Issuer or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company Issuer or any such Guarantor to any Person other than the Company Issuer or a Guarantor, and the Company Issuer or any such Guarantor requests in writing that the Noteholder Trustee or Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsDocuments, the Noteholder Trustee and the Collateral Agent Agent, as applicable, shall execute, acknowledge and deliver to the Company Issuer or such Guarantor (in proper the form prepared by the Company or such GuarantorIssuer at the Issuer’s sole expense) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral AgreementsDocuments.

Appears in 1 contract

Samples: Indenture (Lmi Aerospace Inc)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a Guarantor, and the Company or any Guarantor requests in writing that the Noteholder Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsDocuments, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release, including the delivery to the Collateral Agent of an Officer’s Certificate and Opinion of Counsel that all conditions thereto have been satisfied. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral AgreementsDocuments.

Appears in 1 contract

Samples: Indenture (Banro Corp)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by such Company or such Guarantor (other than to the Company or any Guarantor to any Person other than the another Guarantor), and such Company or a Guarantor, and the Company or any such Guarantor requests in writing that the Noteholder Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Indenture, (Kratos Defense & Security Solutions, Inc.)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a Guarantor, and the Company or any Guarantor requests in writing that the Noteholder Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Advance Escrow Agreement (Vantage Drilling CO)

Form and Sufficiency of Release. In the event that the Company any Issuer or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company such Issuer or any Guarantor to any Person other than the Company or a Guarantor, and the Company such Issuer or any Guarantor requests in writing that the Noteholder Collateral Agent or the Security Trustee to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsDocuments, the Noteholder Collateral Agent or the Security Trustee, as applicable, shall execute, acknowledge and deliver to the Company such Issuer or such Guarantor (in proper form form-prepared by the Company such Issuer or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent or the Security Trustee hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral AgreementsDocuments.

Appears in 1 contract

Samples: Indenture (United Maritime Group, LLC)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a such Guarantor, and the Company or any such Guarantor requests in writing that the Noteholder Trustee or the Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsSecurity Documents, the Noteholder Collateral Agent or the Trustee, as applicable, shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form form) such an instrument (prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent or the Trustee, as the case may be, hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.Security Documents. SIGNATURES

Appears in 1 contract

Samples: Indenture (Appvion, Inc.)

Form and Sufficiency of Release. In the event that the Company Issuer or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that that, under the terms of this Indenture may be sold, exchanged or otherwise disposed of by the Company Issuer or any Guarantor to any Person other than the Company or a Guarantor, and the Company such Issuer or any Guarantor requests in writing that the Noteholder Collateral Agent to furnish a written disclaimer, release or quit-claim quitclaim of any interest in such property under this Indenture Indenture, the applicable Guarantee and the Security Documents, upon being satisfied that the Issuer or Guarantor is selling, exchanging or otherwise disposing of the Collateral Agreementsin accordance with the provisions of Section 10.4, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company such Issuer or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument in the form provided by the Issuer, and providing for release without representation or warranty recourse, promptly after satisfaction of the conditions set forth herein for delivery of any such release and shall take such other action as such Issuer or Guarantor may reasonably request and as necessary to effect such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of and the Collateral AgreementsSecurity Documents.

Appears in 1 contract

Samples: Indenture (BlueLinx Holdings Inc.)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a such Guarantor, and the Company or any such Guarantor requests in writing that the Noteholder Trustee or the applicable Sub-Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture Indenture, the Intercreditor Agreement and the Collateral Agreements, the Noteholder Trustee or the applicable Sub-Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Trustee or the applicable Sub-Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or and of the Collateral Agreements.

Appears in 1 contract

Samples: North American (Griffiths Pile Driving Inc)

Form and Sufficiency of Release. In the event that the Company or any Subsidiary Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a such Subsidiary Guarantor, and the Company or any such Subsidiary Guarantor requests in writing that the Noteholder Trustee or the Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent and the Trustee, as applicable, shall execute, acknowledge and deliver to the Company or such Subsidiary Guarantor (in proper form prepared by the Company or such Guarantorform) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Indenture (Gastar Exploration USA, Inc.)

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Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any such Guarantor to any Person in accordance with this Indenture, the Subordination Agreement and the other than the Company or a GuarantorCollateral Documents, and the Company or any such Guarantor requests in writing that the Noteholder Trustee or the Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture property, the Collateral Agent and the Collateral AgreementsTrustee, the Noteholder Collateral Agent as applicable, shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantorform) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of created by the Collateral Agreements.

Appears in 1 contract

Samples: Indenture (Energy Partners LTD)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any such Guarantor to any Person other than the Company or a GuarantorGuarantor or any of their respective Subsidiaries, and the Company or any such Guarantor requests in writing that the Noteholder Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Financing Agreement (North Atlantic Trading Co Inc)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any such Guarantor to any Person other than the Company or a Guarantor, and the Company or any such Guarantor requests in writing that the Noteholder Trustee or Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Trustee and the Collateral Agent Agent, as applicable, shall execute, acknowledge and deliver to the Company or such Guarantor (in proper the form prepared by the Company or such Guarantorat the Company’s sole expense) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Indenture (Interhealth Facility Transport, Inc.)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a such Guarantor, and the Company or any such Guarantor requests in writing that the Noteholder Trustee or the Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsSecurity Documents, the Noteholder Collateral Agent or the Trustee, as applicable, shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form form) such an instrument (prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent or the Trustee, as the case may be, hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Appleton Papers Inc/Wi

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a such Guarantor, and the Company or any such Guarantor requests in writing that the Noteholder Trustee or the Collateral Agent Trustee to furnish a written disclaimer, release or quit-claim of any interest in such property Property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall Trustee and the Trustee, as applicable, will execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantorform) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding anything to the contrary in the immediately preceding sentence, all purchasers and grantees of any property Property or rights purporting to be released herefrom shall will be entitled to rely upon any release executed by the Noteholder Collateral Agent Trustee hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property Property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Indenture (Gastar Exploration Inc.)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a Guarantor, and the Company or any Guarantor requests in writing that the Noteholder Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsSecurity Documents, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release, including the delivery to the Collateral Agent of an Officer’s Certificate and Opinion of Counsel that all conditions thereto have been satisfied. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral AgreementsSecurity Documents.

Appears in 1 contract

Samples: Indenture (Far East Energy Corp)

Form and Sufficiency of Release. In the event that the Company Issuer or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Second Lien Collateral that may be sold, exchanged or otherwise disposed of by the Company such Issuer or such Guarantor (other than to an Issuer or any Guarantor to any Person other than the Company or a Guarantor), and the Company such Issuer or any such Guarantor requests in writing that the Noteholder Second Lien Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsSecurity Documents, the Noteholder Second Lien Collateral Agent shall execute, acknowledge and deliver (at the expense of the Company) to the Company Issuer or such Guarantor (in proper form prepared by the Company Issuer or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Second Lien Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral AgreementsSecurity Documents.

Appears in 1 contract

Samples: Triumph Group Inc

Form and Sufficiency of Release. In the event that the Company any Issuer or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company such Issuer or any Guarantor to any Person other than the Company or a such Guarantor, and the Company such Issuer or any such Guarantor requests in writing that the Noteholder Trustee or the Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent and the Trustee, as applicable, shall execute, acknowledge and deliver to the Company such Issuer or such Guarantor (in proper form form) such an instrument (prepared by the Company such Issuer or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Indenture (Global Aviation Holdings Inc.)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a Guarantor, and the Company or any Guarantor requests in writing that the Noteholder Notes Collateral Agent furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral AgreementsDocuments together with an Officer’s Certificate and Opinion of Counsel stating that all conditions precedent to any such action under this Indenture and the related Collateral Documents (including any Intercreditor Agreement) have been complied with and that such release is authorized or permitted by this Indenture, the Noteholder Notes Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of instrument, at the conditions set forth herein for delivery of any such releaseCompany’s expense. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Notes Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.Documents. 104

Appears in 1 contract

Samples: Indenture (Greenfire Resources Ltd.)

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a such Guarantor, and the Company or any such Guarantor requests in writing that the Noteholder Trustee or the Collateral Agent to furnish a written disclaimer, release or quit-claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent and the Trustee, as applicable, shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form form) such an instrument (prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Perkins & Marie Callender's Inc

Form and Sufficiency of Release. In the event that the Company or any Guarantor has sold, exchanged, or otherwise disposed of or proposes to sell, exchange or otherwise dispose of any portion of the Collateral that may be sold, exchanged or otherwise disposed of by the Company or any Guarantor to any Person other than the Company or a Guarantor, and the Company or any Guarantor requests in writing that the Noteholder Collateral Agent furnish a written disclaimer, release or quit-claim quit­claim of any interest in such property under this Indenture and the Collateral Agreements, the Noteholder Collateral Agent shall execute, acknowledge and deliver to the Company or such Guarantor (in proper form prepared by the Company or such Guarantor) such an instrument without representation or warranty promptly after satisfaction of the conditions set forth herein for delivery of any such release. Notwithstanding the preceding sentence, all purchasers and grantees of any property or rights purporting to be released herefrom shall be entitled to rely upon any release executed by the Noteholder Collateral Agent hereunder as sufficient for the purpose of this Indenture and as constituting a good and valid release of the property therein described from the Lien of this Indenture or of the Collateral Agreements.

Appears in 1 contract

Samples: Indenture (Ocean Rig UDW Inc.)

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