Common use of General Provisions Concerning the Collateral Agent Clause in Contracts

General Provisions Concerning the Collateral Agent. (a) The provisions of Article 7 of the Indenture shall inure to the benefit of the Collateral Agent, and shall be binding upon all Grantors and all Secured Parties, in connection with this Agreement and the other Collateral Documents. Without limiting the generality of the foregoing, (i) the Collateral Agent shall not be subject to any fiduciary or other implied duties, regardless of whether an Actionable Default has occurred and is continuing, (ii) the Collateral Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Collateral Documents that the Collateral Agent is required to exercise in accordance with the Collateral Trust Agreement, and (iii) except as expressly set forth in the Indenture, the Collateral Agent shall not have any duty to disclose, and shall not be liable for any failure to disclose, any information relating to any Grantor that is communicated to or obtained by the bank serving as Collateral Agent or any of its Affiliates in any capacity. The Collateral Agent shall not be responsible for the existence, genuineness or value of any Collateral or for the validity, perfection, priority or enforceability of any Transaction Lien, whether impaired by operation of law or by reason of any action or omission to act on its part under the Collateral Documents. The Collateral Agent shall be deemed not to have knowledge of any Actionable Default unless and until written notice thereof is given to the Collateral Agent by any Grantor or a Secured Party.

General Provisions Concerning the Collateral Agent. (a) The provisions of Article 7 Section 10.04 of the Indenture shall inure to the benefit of the Collateral Agent, and shall be binding upon all Lien Grantors and all Secured Parties, in connection with this Agreement and the other Collateral Security Documents. Without limiting the generality of the foregoing, (i) the Collateral Agent shall not be subject to any fiduciary or other implied duties, regardless of whether an Actionable Event of Default has occurred and is continuing, (ii) the Collateral Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Collateral Security Documents that the Collateral Agent is required in writing to exercise by the required percentage of Holders of the Secured Notes as provided for in accordance with the Collateral Trust Agreement, Indenture and (iii) except as expressly set forth in the Indenture, the Collateral Agent shall not have any duty to disclose, and shall not be liable for any failure to disclose, any information relating to any Grantor Group Member that is communicated to or obtained by the bank serving as Collateral Agent or any of its Affiliates in any capacity. The Collateral Agent shall not be responsible for the existence, genuineness or value of any Collateral or for the validity, perfection, continuation, priority or enforceability of any Transaction Lien, including without limitation the filing, form, content or renewal of UCC financing statements, Mortgages or similar documents or instruments, whether impaired by operation of law or by reason of any action or omission to act on its part under the Collateral Security Documents. The Collateral Agent shall be deemed not to have knowledge of any Actionable Event of Default unless and until written notice thereof is given to the Collateral Agent by any a Lien Grantor or a Secured Party.

General Provisions Concerning the Collateral Agent. (a) The provisions of Article 7 Articles VII and XI of the Indenture shall inure to the benefit of the Collateral Agent, and shall be binding upon all Grantors and all Secured Parties, in connection with this Agreement and the other Collateral Security Documents. Without limiting the generality of the foregoing, (i) the Collateral Agent shall not be subject to any fiduciary or other implied duties, regardless of whether an Actionable Event of Default has occurred and is continuing, (ii) the Collateral Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Collateral Security Documents that the Trustee directs the Collateral Agent is required in writing to exercise in accordance with the Collateral Trust Agreementexercise, and (iii) except as expressly set forth in the IndentureNote Documents, the Collateral Agent shall not have any duty to disclose, and shall not be liable for any failure to disclose, any information relating to any Grantor that is communicated to or obtained by the bank serving as Collateral Agent or any of its Affiliates in any capacity. The Collateral Agent shall not be responsible for the existence, genuineness or value of any Collateral or for the validity, perfection, priority or enforceability of any Transaction Lien, whether impaired by operation of law or by reason of any action or omission to act on its part under the Collateral Security Documents. The Collateral Agent shall be deemed not to have knowledge of any Actionable Event of Default unless and until written notice thereof is given to the Collateral Agent by any Grantor or a Secured Partyand the Trustee.

General Provisions Concerning the Collateral Agent. (a) The provisions of Article 7 of the Indenture set forth herein shall inure to the benefit of the Collateral Agent, and shall be binding upon all Grantors the Company and all Secured Parties, in connection with this Agreement and the other Collateral Security Documents. Without limiting the generality of the foregoing, (i) the Collateral Agent shall not be subject to any fiduciary or other implied duties, regardless of whether an Actionable Event of Default has occurred and is continuing, (ii) the Collateral Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Collateral Security Documents that the Collateral Agent is required in writing to exercise in accordance with by the Collateral Trust Agreement, Required Holders or the Investor Representative on behalf of the Required Holders and (iii) except as expressly set forth in the IndentureTransaction Documents, the Collateral Agent shall not have any duty to disclose, and shall not be liable for any failure to disclose, any information relating to any Grantor the Company that is communicated to or obtained by the bank serving as Collateral Agent or any of its Affiliates in any capacity. The Collateral Agent shall not be responsible for the existence, genuineness or value of any Collateral or for the validity, perfection, priority or enforceability of any Transaction Lien, whether impaired by operation of law or by reason of any action or omission to act on its part under the Collateral Security Documents. The Collateral Agent shall be deemed not to have knowledge of any Actionable Event of Default unless and until written notice thereof is given to the Collateral Agent by any Grantor the Company or a Secured Party.

General Provisions Concerning the Collateral Agent. (a) The provisions of Article 7 Articles VII and XI of the Indenture shall inure to the benefit of the Collateral Agent, and shall be binding upon all Grantors and all Secured Parties, in connection with this Agreement and the other Collateral Security Documents. Without limiting the generality of the foregoing, (i) the Collateral Agent shall not be subject to any fiduciary or other implied duties, regardless of whether an Actionable Event of Default has occurred and is continuing, (ii) the Collateral Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Collateral Security Documents that the Trustee directs the Collateral Agent is required in writing to exercise in accordance with the Collateral Trust Agreementexercise, and (iii) except as expressly set forth in the IndentureNote Documents, the Collateral Agent shall not have any duty to disclose, and shall not be liable for any failure to disclose, any information relating to any Grantor that is communicated to or obtained by the bank serving as Collateral Agent or any of its Affiliates in any capacity. The Collateral Agent shall not be responsible for the existence, genuineness or value of any Collateral or for the validity, perfection, priority or enforceability of any Transaction Lien, whether impaired by operation of law or by reason of any action or omission to act on its part under the Security Documents and shall have no obligation to take any action to procure or maintain such validity, perfection, sufficiency, adequacy, priority or enforceability, including without limitation no responsibility to make any filings to perfect or maintain the perfection of the Collateral DocumentsAgent’s security interest in the Collateral. The Collateral Agent shall be deemed not to have knowledge of any Actionable Event of Default unless and until written notice thereof is given to the Collateral Agent by any Grantor or a Secured Partyand the Trustee.

General Provisions Concerning the Collateral Agent. (a) The provisions of Article 7 of In connection with its appointment and acting hereunder, the Indenture Collateral Agent shall inure be entitled to all rights, privileges, protections, immunities and indemnities provided to the benefit of the Trustee (including in its capacity as Collateral Agent) under the Indenture, and shall be binding upon all Grantors required to perform duties and all Secured Parties, in connection with this Agreement and exercise remedies or powers only to the other Collateral Documentsextent required by Section 7.01 of the Indenture. Without limiting the generality of the foregoingforegoing and except as expressly set forth in the Indenture, (i) the Collateral Agent shall not be subject to any fiduciary or other implied duties, regardless of whether an Actionable Event of Default has occurred and is continuing, (ii) the Collateral Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Collateral Documents that the Collateral Agent is required to exercise in accordance with the Collateral Trust Agreement, and (iii) except as expressly set forth in the Indenture, the Collateral Agent shall not have any duty to disclose, and shall not be liable for any failure to disclose, any information relating to any Grantor the Company or its Subsidiaries that is communicated to or obtained by the bank entity serving as Collateral Agent or any of its Affiliates in any capacity. The Collateral Agent shall not be responsible for the existence, genuineness or value of any Collateral or for the validity, perfection, priority or enforceability of any Transaction Lien, whether impaired by operation of law or by reason of any action or omission to act on its part under the Collateral Pledge Documents. The Collateral Agent shall be deemed not to have knowledge of any Actionable Event of Default unless and until written notice thereof is given to except as provided in Section 7.02(10) of the Collateral Agent by any Grantor or a Secured PartyIndenture.