Common use of Hypothecary Representative Clause in Contracts

Hypothecary Representative. For greater certainty and without limiting the power of the Administrative Agent hereunder or under any other Loan Document, the Administrative Agent and each Lender hereby appoints and authorizes Citibank, N.A., to act as hypothecary representative within the meaning of Article 2692 of the Civil Code of Quebec (in such capacity, the “Hypothecary Representative”) of the Administrative Agent and the Lenders for the purposes of holding any security granted by any Loan Party pursuant to the laws of the Province of Quebec and to exercise such rights and duties as are conferred upon the Hypothecary Representative thereunder and under applicable laws (with the power to delegate any such rights and duties as appropriate). Citibank, N.A., the Administrative Agent and each of the Lenders xxxxxx confirms and agrees to such appointment and each Person who is or becomes the Administrative Agent or a Lender hereunder (including by its execution of an assignment and assumption agreement) shall be deemed to have consented to and ratified the foregoing appointment of the Hypothecary Representative and to have ratified all actions taken by the Hypothecary Representative prior to such date. For greater certainty, the Hypothecary Representative shall have the same rights, powers, immunities, indemnities and exclusions from liability as are prescribed in favour of the Collateral Agent in this Agreement, which shall apply mutadis mutandis. In the event of the resignation and appointment of a successor Collateral Agent (which shall include its resignation as Hypothecary Representative), such successor Collateral Agent shall also act as the Hypothecary Representative unless and until a successor hypothecary representative is otherwise appointed.

Hypothecary Representative. For greater certainty and without limiting the power purposes of the Administrative Agent hereunder grant of security under the laws of the Province of Quebec (Canada) which may now or under in the future be required to be provided by any other Loan DocumentParty, the Administrative Collateral Agent is hereby irrevocably authorized and appointed by each Lender hereby appoints of the Secured Parties, for themselves and authorizes Citibankfor each affiliate that is a Secured Party, N.A., hereto to act as hypothecary representative (within the meaning of Article 2692 of the Civil Code of Quebec Québec) for all present and future Secured Parties (in such capacity, the “Hypothecary Representative”) of the Administrative Agent and the Lenders for the purposes of holding in order to hold any security hypothec granted by any Loan Party pursuant to under the laws of the Province of Quebec (Canada) and to exercise such rights and duties as are conferred upon the Hypothecary Representative thereunder under the relevant deed of hypothec and under applicable laws law (with the power to delegate any such rights and duties as appropriateor duties). Citibank, N.A., The execution prior to the Administrative date hereof by the Collateral Agent and each in its capacity as the Hypothecary Representative of any deed of hypothec or other security documents made pursuant to the laws of the Lenders xxxxxx confirms Province of Quebec (Canada), is hereby ratified and agrees to such appointment and each confirmed. Any Person who is becomes a Secured Party or becomes the Administrative successor Collateral Agent or a Lender hereunder (including by its execution of an assignment and assumption agreement) shall be deemed to have consented to and ratified the foregoing appointment of the Hypothecary Representative and to have ratified all actions taken by Collateral Agent as the Hypothecary Representative prior to on behalf of all Secured Parties, including such datePerson and any affiliate or branch of such Person designated as a Secured Party. For greater certainty, the Collateral Agent, acting as the Hypothecary Representative Representative, shall have the same rights, powers, immunities, indemnities and exclusions from liability as are prescribed in favour favor of the Collateral Agent in this Agreement, which shall apply mutadis mutatis mutandis. In the event of the resignation and appointment of a successor the Collateral Agent (which shall include its resignation as the Hypothecary Representative)) and appointment of a successor Collateral Agent, such successor Collateral Agent shall also act as the Hypothecary Representative unless and until a successor hypothecary representative is otherwise appointedRepresentative, as contemplated herein.

Hypothecary Representative. For greater certainty and without limiting the power of the Administrative Agent hereunder or under any other Loan Document, the Administrative Agent and each Lender hereby appoints and authorizes Citibank, N.A.Xxxxxxxxx Finance LLC, to act as hypothecary representative within the meaning of Article 2692 of the Civil Code of Quebec (in such capacity, the “Hypothecary Representative”) of the Administrative Agent and the Lenders for the purposes of holding any security granted by any Loan Party pursuant to the laws of the Province of Quebec and to exercise such rights and duties as are conferred upon the Hypothecary Representative thereunder and under applicable laws (with the power to delegate any such rights and duties as appropriate). Citibank, N.A.Xxxxxxxxx Finance LLC, the Administrative Agent and each of the Lenders xxxxxx confirms and agrees to such appointment and each Person who is or becomes the Administrative Agent or a Lender hereunder Xxxxxx xxxxxxxxx (including by its execution of an assignment and assumption agreement) shall be deemed to have consented to and ratified the foregoing appointment of the Hypothecary Representative and to have ratified all actions taken by the Hypothecary Representative prior to such date. For greater certainty, the Hypothecary Representative shall have the same rights, powers, immunities, indemnities and exclusions from liability as are prescribed in favour of the Collateral Agent in this Agreement, which shall apply mutadis mutandis. In the event of the resignation and appointment of a successor Collateral Agent (which shall include its resignation as Hypothecary Representative), such successor Collateral Agent shall also act as the Hypothecary Representative unless and until a successor hypothecary representative is otherwise appointed.

Hypothecary Representative. For greater certainty and without Without limiting the power of the Administrative Agent Agents hereunder or under any other Loan Document, each Agent and each of the Lenders hereby appoints and designates the Administrative Agent and each Lender hereby appoints and authorizes Citibank, N.A., to act as the hypothecary representative (within the meaning of Article 2692 of the Civil Code of Quebec (in such capacity, the “Hypothecary Representative”Québec) of the Administrative each Agent and the Lenders for the purposes of holding any security granted by any Loan Party pursuant to under the laws of the Province of Quebec and to exercise Québec as security for any indebtedness or other obligations of any Loan Party hereunder or under any Loan Document and, in such rights and duties as are conferred upon the Hypothecary Representative thereunder and under applicable laws (with the power to delegate any such rights and duties as appropriate). Citibank, N.A.capacity, the Administrative Agent and each shall hold any such security granted under the laws of the Lenders xxxxxx confirms Province of Québec as hypothecary representative in the exercise of the rights conferred thereunder. The execution by the Administrative Agent as hypothecary representative of any deeds of hypothec or other security granted by any Loan Party under the laws of the Province of Québec is hereby ratified and agrees to such appointment and each confirmed. Any Person who is or becomes the Administrative an Agent or a Lender hereunder (including by its execution of an assignment and assumption agreement) shall be deemed to have consented to ratified and ratified confirmed the foregoing appointment of the Hypothecary Representative and to have ratified all actions taken by the Hypothecary Representative prior to such dateAdministrative Agent as hypothecary representative. For greater certaintyThe Administrative Agent, the Hypothecary Representative acting as hypothecary representative, shall have the same rights, powers, immunities, indemnities and exclusions from liability as are prescribed in favour favor of the Collateral Administrative Agent in this Agreementhereunder, which shall apply mutadis mutandismutatis mutandis to the Administrative Agent acting as hypothecary representative. In the event of the resignation of the Administrative Agent and appointment of a successor Collateral Agent (which shall include its resignation as Hypothecary Representative)Administrative Agent, such successor Collateral Administrative Agent shall also act as constitute the Hypothecary Representative successor hypothecary representative of the Agents and the Lenders for the purpose of holding the security referred to above, unless and until a successor hypothecary representative is otherwise appointed. Notwithstanding anything to the contrary in this Agreement, this provision shall be governed and construed in accordance with the laws of the Province of Québec.