Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement or any Credit Document, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuing, then all Collateral (other than Cash Collateral) and the Security Documents (other than Security Documents entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at Silgan’s sole expense and at Silgan’s request, promptly (i) return to Silgan all certificates and instruments evidencing pledged Collateral, (ii) execute and file in the appropriate location and deliver to Silgan such termination and full or partial release statements or confirmation thereof, as applicable, and (iii) do such other things as are reasonably necessary to release the Liens to be released pursuant hereto promptly upon the effectiveness of any such release. (b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, all Collateral and Security Documents shall, at Silgan’s sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent to provide to the Administrative Agent for the benefit of the Secured Creditors valid, perfected, first priority security interests (subject to Permitted Liens) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09, 8.10 and 9.10) shall be taken within thirty (30) days (or such longer period as agreed to by the Administrative Agent) after such Collateral Reinstatement Event.
Appears in 4 contracts
Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)
Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement Agreement, any Loan Document or any Credit Documentother document executed in connection herewith, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuingoccurred, then all Collateral (other than Cash Collateral) and the Security Documents Instruments (other than Security Documents Instruments entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at Silganthe Company’s sole expense and at Silganthe Company’s request, promptly (i) return to Silgan all certificates and instruments evidencing pledged Collateral, (ii) execute and file in the appropriate location and deliver to Silgan the Company such termination and full or partial release statements or confirmation thereof, as applicable, and (iii) do such other things as are reasonably necessary to release the Liens to be released pursuant hereto promptly upon the effectiveness of any such release.
(b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, all Collateral and Security Documents Instruments shall, at Silganthe Company’s sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent Agent, to provide to the Administrative Agent for the benefit of the Secured Creditors Parties valid, perfected, first priority security interests (subject to Permitted LiensLiens permitted under Section 7.01) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09, 8.10 6.14 and 9.106.15) shall be taken within thirty (30) 30 days (or of such longer event, which 30 day period as agreed to may be extended by the Administrative Agent) after such Collateral Reinstatement EventAgent in its sole discretion.
Appears in 3 contracts
Samples: Credit Agreement (COMMERCIAL METALS Co), Credit Agreement (COMMERCIAL METALS Co), Credit Agreement (Commercial Metals Co)
Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement or any Credit Loan Document, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuing, then all Collateral (other than Cash Collateral) and the Security Documents (other than Security Documents entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at Silganthe Borrower’s sole expense and at Silganthe Borrower’s request, promptly (i) return to Silgan the Borrower all certificates and instruments evidencing pledged Collateral, (ii) terminate any control agreements with respect to deposit or securities accounts constituting Collateral, (iii) execute and file in the appropriate location and deliver to Silgan the Borrower such termination and full or partial release statements or confirmation thereof, as applicable, and (iiiiv) do such other things as are reasonably necessary to release the Liens to be released pursuant hereto promptly upon the effectiveness of any such release.
(b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, all Collateral and Security Documents shall, at Silganthe Company’s sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent to provide to the Administrative Agent for the benefit of the Secured Creditors Parties valid, perfected, first priority security interests (subject to Permitted Liens) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09, 8.10 8.11 and 9.108.14) shall be taken within thirty (30) 30 days (or such longer period as agreed to by the Administrative Agent) after of such Collateral Reinstatement Event.
Appears in 3 contracts
Samples: Incremental Term Loan Agreement (Corrections Corp of America), Credit Agreement (Corrections Corp of America), Credit Agreement (Corrections Corp of America)
Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement Agreement, any Loan Document or any Credit Documentother document executed in connection herewith, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuing, then all Collateral (other than Cash Collateral) and the Security Documents Instruments (other than Security Documents Instruments entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at SilganBorrower’s sole expense and at Silganthe Borrower’s request, promptly (i) return to Silgan all certificates and instruments evidencing pledged Collateral, (ii) execute and file in the appropriate location and deliver to Silgan Borrower such termination and full or partial release statements or confirmation thereof, as applicable, and (iii) do such other things as are reasonably necessary to release the Liens liens to be released pursuant hereto promptly upon the effectiveness of any such release.
(b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, occurred all Collateral and Security Documents Instruments shall, at Silganthe Borrower’s sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent Agent, to provide to the Administrative Agent for the benefit of the Secured Creditors Parties valid, perfected, first priority security interests (subject to Permitted Liens) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09clauses (a), 8.10 (b) and 9.10(c) of Section 6.22) shall be taken within thirty (30) 30 days (or of such longer event, which 30 day period as agreed to may be extended by the Administrative Agent) after such Collateral Reinstatement EventAgent in its sole discretion.
Appears in 3 contracts
Samples: Credit Agreement (Babcock & Wilcox Co), Credit Agreement (Babcock & Wilcox Co), Credit Agreement (McDermott International Inc)
Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement Agreement, any Loan Document or any Credit Documentother document executed in connection herewith, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuing, so long as any Permitted Pari Passu Indebtedness provides for such a release (and the Administrative Agent is reasonably satisfied that such release is occurring substantially simultaneously therewith) then all Collateral (other than Cash Collateral) and the Security Documents Instruments (other than Security Documents Instruments entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at Silganthe Company’s sole expense and at Silganthe Company’s request, promptly (i) return to Silgan all certificates and instruments evidencing pledged Collateral, (ii) execute and file in the appropriate location and deliver to Silgan the Company such termination and full or partial release statements or confirmation thereof, as applicable, and (iii) do such other things as are reasonably necessary to release the Liens to be released pursuant hereto promptly upon the effectiveness of any such release.
(b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, all Collateral and Security Documents Instruments shall, at Silganthe Company’s sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent Agent, to provide to the Administrative Agent for the benefit of the Secured Creditors Parties valid, perfected, first priority security interests (subject to Permitted LiensLiens permitted under Section 7.01) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09, 8.10 6.14 and 9.106.15) shall be taken within thirty (30) 30 days (or of such longer event, which 30 day period as agreed to may be extended by the Administrative Agent) after such Collateral Reinstatement EventAgent in its sole discretion.
Appears in 2 contracts
Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)
Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement or any Credit Document, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuing, then all Collateral (other than Cash Collateral) and the Security Documents (other than Security Documents entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at SilganXxxxxx’s sole expense and at SilganXxxxxx’s request, promptly (i) return to Silgan all certificates and instruments evidencing pledged Collateral, (ii) execute and file in the appropriate location and deliver to Silgan such termination and full or partial release statements or confirmation thereof, as applicable, and (iii) do such other things as are reasonably necessary to release the Liens to be released pursuant hereto promptly upon the effectiveness of any such release.149 150546217_8170136845_8
(b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, all Collateral and Security Documents shall, at Silgan’s sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent to provide to the Administrative Agent for the benefit of the Secured Creditors valid, perfected, first priority security interests (subject to Permitted Liens) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09, 8.10 and 9.10) shall be taken within thirty (30) days (or such longer period as agreed to by the Administrative Agent) after such Collateral Reinstatement Event.
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Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement Agreement, any Loan Document or any Credit Documentother document executed in connection herewith, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuing, then all Collateral (other than Cash Collateral) and the Security Documents Instruments (other than Security Documents Instruments entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at SilganBorrower’s sole expense and at Silganthe Borrower’s request, promptly (i) return to Silgan all certificates and instruments evidencing pledged Collateral, (ii) execute and file in the appropriate location and deliver to Silgan Borrower such termination and full or partial release statements or confirmation thereof, as applicable, and (iii) do such other things as are reasonably necessary to release the Liens liens to be released pursuant hereto promptly upon the effectiveness of any such release.
(b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, occurred all Collateral and Security Documents Instruments shall, at Silganthe Borrower’s sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent Agent, to provide to the Administrative Agent for the benefit of the Secured Creditors Parties valid, perfected, first priority security interests (subject to Permitted Liens) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09clauses (a), 8.10 (b) and 9.10(c) of Section 6.22) shall be taken within thirty (30) 30 days (or of such longer event, which 30 day period as agreed to may be extended by the Administrative Agent) after such Collateral Reinstatement Event.Agent in its sole discretion. [Signature Pages Follow]
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Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement Agreement, any Loan Document or any Credit Documentother document executed in connection herewith, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuing, then all Collateral (other than Cash Collateral) and the Security Documents Instruments (other than Security Documents Instruments entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at SilganBorrower’s sole expense and at Silganthe Borrower’s request, promptly (i) return to Silgan all certificates and instruments evidencing pledged Collateral, (ii) execute and file in the appropriate location and deliver to Silgan Borrower such termination and full or partial release statements or confirmation thereof, as applicable, and (iii) do such other things as are reasonably necessary to release the Liens liens to be released pursuant hereto promptly upon the effectiveness of any such release.
(b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, occurred all Collateral and Security Documents Instruments shall, at Silgan’s the Borrower's sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent Agent, to provide to the Administrative Agent for the benefit of the Secured Creditors Parties valid, perfected, first priority security interests (subject to Permitted Liens) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09clauses (a), 8.10 (b) and 9.10(c) of Section 6.22) shall be taken within thirty (30) 30 days (or of such longer event, which 30 day period as agreed to may be extended by the Administrative Agent) after such Collateral Reinstatement EventAgent in its sole discretion.
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Release and Reinstatement of Collateral. (a) Notwithstanding anything to the contrary contained in this Agreement Agreement, any Loan Document or any Credit Documentother document executed in connection herewith, if at any time (including after a Collateral Reinstatement Event shall have previously occurred) a Collateral Release Event shall have occurred and be continuingoccurred, then all Collateral (other than Cash Collateral) and the Security Documents Instruments (other than Security Documents Instruments entered into in connection with Cash Collateral) shall be released automatically and terminated without any further action. In connection with the foregoing, the Administrative Agent shall, at Silganthe Company’s sole expense and at Silganthe Company’s request, promptly (i) return to Silgan all certificates and instruments evidencing pledged Collateral, (ii) execute and file in the appropriate location and deliver to Silgan the Company such termination and full or partial release statements or confirmation thereof, as applicable, and (iii) do such other things as are reasonably necessary to release the Liens to be released pursuant hereto promptly upon the effectiveness of any such release.
(b) Notwithstanding clause (a) above, if a Collateral Reinstatement Event shall have occurred, all Collateral and Security Documents Instruments shall, at Silganthe Company’s sole cost and expense, be reinstated and all actions reasonably necessary, or reasonably requested by the Administrative Agent Agent, to provide to the Administrative Agent for the benefit of the Secured Creditors Parties valid, perfected, first priority security interests (subject to Permitted LiensLiens permitted under Section 7.01) in the Collateral (including without limitation the delivery of documentation and taking of actions of the type described in Sections 8.09, 8.10 6.14 and 9.106.15) shall be taken within thirty (30) 30 days (or of such longer event, which 30 day period as agreed to may be extended by the Administrative Agent) after such Collateral Reinstatement Event.Agent in its sole discretion. 122
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