Common use of Merger, Conversion or Consolidation of Collateral Agent Clause in Contracts

Merger, Conversion or Consolidation of Collateral Agent. Any Person into which the Collateral Agent may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Collateral Agent shall be a party, or any Person succeeding to the business of the Collateral Agent shall be the successor of the Collateral Agent pursuant to paragraph (d) above, provided that (i) without the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto, except where an instrument of transfer or assignment is required by law to effect such succession, anything herein to the contrary notwithstanding, such Person shall be deemed to satisfy the eligibility requirements specified in paragraph (c) above and (ii) prior to any such merger, conversion or consolidation, the Collateral Agent shall have notified the Borrower and each Secured Debt Representative thereof in writing; provided that the predecessor Collateral Agent will remain entitled to enforce the immunities granted to it in Section 17.

Appears in 1 contract

Samples: Security and Pledge Agreement (Calpine Corp)

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Merger, Conversion or Consolidation of Collateral Agent. Any Person into which the Collateral Agent may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Collateral Agent shall be a party, or any Person succeeding to the corporate trust business of the Collateral Agent shall be the successor of the Collateral Agent pursuant to paragraph (d) aboveSection 6.3, provided that (i) without the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto, except where an instrument of transfer or assignment is required by law to effect such succession, anything herein to the contrary notwithstanding, such Person shall be deemed to satisfy satisfies the eligibility requirements specified in paragraph clauses (c1) above through (3) of Section 6.2 and (ii) prior to any the Collateral Agent shall have promptly notified the Company and each Secured Representative of such merger, conversion or consolidation, the Collateral Agent shall have notified the Borrower and each Secured Debt Representative thereof in writing; provided that the predecessor Collateral Agent will remain entitled to enforce the immunities granted to it in Section 17.

Appears in 1 contract

Samples: Collateral Trust and Intercreditor Agreement (Foresight Energy LP)

Merger, Conversion or Consolidation of Collateral Agent. β€Œ Any Person into which the Collateral Agent may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Collateral Agent shall be a party, or any Person succeeding to the corporate trust business of the Collateral Agent (by acquisition or otherwise) shall be the successor of the Collateral Agent pursuant to paragraph (d) aboveSection 6.3, provided that (ia) without the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto, except where an instrument of transfer or assignment is required by law to effect such succession, anything herein to the contrary notwithstanding, such Person shall be deemed to satisfy satisfies the eligibility requirements specified in paragraph clauses (a) through (c) above of Section 6.2 and (iib) prior to any such merger, conversion or consolidation, the Collateral Agent shall have notified the Borrower Issuer and each Secured Debt Representative thereof in writing; provided that the predecessor Collateral Agent will remain entitled to enforce the immunities granted to it in Section 17.

Appears in 1 contract

Samples: Collateral Trust and Agency Agreement

Merger, Conversion or Consolidation of Collateral Agent. Any Person into which the Collateral Agent may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Collateral Agent shall be a party, or any Person succeeding to the corporate trust business of the Collateral Agent (by acquisition or otherwise) shall be the successor of the Collateral Agent pursuant to paragraph (d) aboveSection 6.3, provided that (ia) without the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto, except where an instrument of transfer or assignment is required by law to effect such succession, anything herein to the contrary notwithstanding, such Person shall be deemed to satisfy satisfies the eligibility requirements specified in paragraph clauses (a) through (c) above of Section 6.2 and (iib) prior to any such merger, conversion or consolidation, the Collateral Agent shall have notified the Borrower Issuer and each Secured Debt Representative thereof in writing; provided that the predecessor Collateral Agent will remain entitled to enforce the immunities granted to it in Section 17.

Appears in 1 contract

Samples: Collateral Trust and Agency Agreement (Postmedia Network Canada Corp.)

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Merger, Conversion or Consolidation of Collateral Agent. Any Person into which the Collateral Agent may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Collateral Agent shall be a party, or any Person succeeding to the corporate trust business of the Collateral Agent (by acquisition or otherwise) shall be the successor of the Collateral Agent pursuant to paragraph (d) aboveSection 6.3, provided that (ia) without the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto, except where an instrument of transfer or assignment is required by law to effect such succession, anything herein to the contrary notwithstanding, such Person shall be deemed to satisfy satisfies the eligibility requirements specified in paragraph clauses (ca) above through (d) of Section 6.2 and (iib) prior to any such merger, conversion or consolidation, the Collateral Agent shall have notified the Borrower Company and each Secured Debt Representative thereof in writing; provided that the predecessor Collateral Agent will remain entitled to enforce the immunities granted to it in Section 17.

Appears in 1 contract

Samples: Collateral Trust Agreement (Banro Corp)

Merger, Conversion or Consolidation of Collateral Agent. Any Person into which the Collateral Agent may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Collateral Agent shall be a party, or any Person succeeding to the corporate trust business of the Collateral Agent (by acquisition or otherwise) shall be the successor of the Collateral Agent pursuant to paragraph (d) aboveSection 6.3, provided that (ia) without the execution or filing of any paper with any party hereto or any further act on the part of any of the parties hereto, except where an instrument of transfer or assignment is required by law to effect such succession, anything herein to the contrary notwithstanding, such Person shall be deemed to satisfy satisfies the eligibility requirements specified in paragraph clauses (ca) above through (e) of Section 6.2 and (iib) prior to any such merger, conversion or consolidation, the Collateral Agent shall have notified the Borrower and each Secured Debt Representative thereof in writing; provided that the predecessor Collateral Agent will remain entitled to enforce the immunities granted to it in Section 17.

Appears in 1 contract

Samples: Collateral Trust Agreement (Banro Corp)

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