Note Collateral Agent as Bailee for the Grantors. In the event that at any time, any Capital Stock or Intercompany Notes owned by any Grantor and held by the Note Collateral Agent constitute Excluded Assets or Excluded Subsidiary Securities (including any such Capital Stock or Intercompany Notes constituting Pledged Securities at the time of delivery to the Note Collateral Agent that later become Excluded Assets or Excluded Subsidiary Securities), and for so long as they constitute Excluded Assets or Excluded Subsidiary Securities, any such Capital Stock or Intercompany Notes in the possession of the Note Collateral Agent, shall be held by the Note Collateral Agent solely as bailee and in trust for the applicable Grantor and such Pledged Securities will not be subject to subsections 3.1 and 3.2 or any Lien or security interest created pursuant thereto. The Note Collateral Agent, at the request of the applicable Grantor, shall promptly return to such Grantor any Capital Stock or Intercompany Notes held by the Note Collateral Agent constituting Excluded Assets or Excluded Subsidiary Securities.
Appears in 3 contracts
Samples: Collateral Agreement (Hd Supply, Inc.), Collateral Agreement (Hd Supply, Inc.), Collateral Agreement (Hd Supply, Inc.)
Note Collateral Agent as Bailee for the Grantors. In the event that at any time, any Capital Stock or Intercompany Notes owned by any Grantor and held by the Note Collateral Agent constitute Excluded Assets or Excluded Subsidiary Securities (including any such Capital Stock or Intercompany Notes constituting Pledged Securities at the time of delivery to the Note Collateral Agent that later become Excluded Assets or Excluded Subsidiary SecuritiesAssets), and for so long as they constitute Excluded Assets or Excluded Subsidiary SecuritiesAssets, any such Capital Stock or Intercompany Notes in the possession of the Note Collateral Agent, shall be held by the Note Collateral Agent solely as bailee and in trust for the applicable Grantor and such Pledged Securities will not be subject to subsections Sections 3.1 and 3.2 hereof or any Lien or security interest created pursuant thereto. The Note Collateral Agent, at the request of the applicable Grantor, shall promptly return to such Grantor any Capital Stock or Intercompany Notes held by the Note Collateral Agent constituting Excluded Assets or Excluded Subsidiary SecuritiesAssets.
Appears in 2 contracts
Samples: Collateral Agreement (Herc Holdings Inc), Intercreditor Agreement (Hertz Global Holdings Inc)
Note Collateral Agent as Bailee for the Grantors. In the event that at any time, any Capital Stock or Intercompany Notes owned by any Grantor and held by the Note Collateral Agent constitute Excluded Assets or Excluded Subsidiary Securities (including any such Capital Stock or Intercompany Notes constituting Pledged Securities at the time of delivery to the Note Collateral Agent that later become Excluded Assets or Excluded Subsidiary SecuritiesAssets), and for so long as they constitute Excluded Assets or Excluded Subsidiary SecuritiesAssets, any such Capital Stock or Intercompany Notes in the possession of the Note Collateral Agent, shall be held by the Note Collateral Agent solely as bailee and in trust for the applicable Grantor and such Pledged Securities will not be subject to subsections 3.1 and 3.2 or any Lien or security interest created pursuant thereto. The Note Collateral Agent, at the request of the applicable Grantor, shall promptly return to such Grantor any Capital Stock or Intercompany Notes held by the Note Collateral Agent constituting Excluded Assets or Excluded Subsidiary SecuritiesAssets.
Appears in 2 contracts
Samples: Collateral Agreement (Unistrut International Holdings, LLC), Collateral Agreement (Unistrut International Holdings, LLC)
Note Collateral Agent as Bailee for the Grantors. In the event that at any time, any Capital Stock or Intercompany Notes owned by any Grantor and held by the Note Collateral Agent constitute Excluded Assets or Excluded Subsidiary Securities (including any such Capital Stock or Intercompany Notes constituting Pledged Securities at the time of delivery to the Note Collateral Agent that later become Excluded Assets or Excluded Subsidiary SecuritiesAssets), and for so long as they constitute Excluded Assets or Excluded Subsidiary SecuritiesAssets, any such Capital Stock or Intercompany Notes in the possession of the Note Collateral Agent, shall be held by the Note Collateral Agent solely as bailee and in trust for the applicable Grantor and such Pledged Securities will not be subject to subsections Sections 3.1 and 3.2 hereof or any Lien or security interest created pursuant thereto. The Note Collateral Agent, at the request of the applicable Grantor, shall promptly return to such Grantor deliver any Capital Stock or Intercompany Notes held by the Note Collateral Agent constituting Excluded Assets in accordance with the terms of any applicable Intercreditor Agreement or Excluded Subsidiary Securitiesto such Grantor, as applicable.
Appears in 1 contract
Samples: Notes Collateral Agreement (Cornerstone Building Brands, Inc.)