Common use of Release or Subordination of Liens Clause in Contracts

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Liens to the Senior Trust Estate and the Priority Liens.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Carmike Cinemas Inc), Collateral Trust Agreement (Carmike Cinemas Inc)

AutoNDA by SimpleDocs

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Instructing Debtholders accompanied by an Officers' Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Liens to the Senior Trust Estate and the Priority Liens.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Midwest Generation LLC), Collateral Trust Agreement (Midwest Generation LLC)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Parity Lien Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and Liens on the Collateral securing the Parity Liens Lien Obligations to the Senior Trust Estate and Liens on the Collateral securing any Priority LiensLien Obligations to the extent required by the Intercreditor Agreement.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Viasystems Group Inc), Collateral Trust Agreement (Viasystems Inc)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Junior Liens to the Senior Trust Estate and the Priority Parity Liens.

Appears in 2 contracts

Samples: Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (EFIH Finance Inc.)

Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except: (a) as directed by an Act of Required Secured Parties accompanied by an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or; (d) for the subordination of the Junior Trust Estate and the Parity Junior Liens to the Senior Trust Estate and the Priority Liens; or (e) as provided in the Crossing Lien Intercreditor Agreement.

Appears in 2 contracts

Samples: Collateral Agency Agreement, Collateral Agency Agreement (Gogo Inc.)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Junior Liens to the Senior Trust Estate and the Priority LiensLiens as provided for herein.

Appears in 1 contract

Samples: Collateral Trust Agreement (GXS Investments, Inc.)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Parity Lien Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable non-appealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Liens to the Senior Trust Estate and extent required by the Priority LiensIntercreditor Agreement.

Appears in 1 contract

Samples: Collateral Trust Agreement (Alliance One International, Inc.)

Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except: (a) as directed by an Act of Required Secured Parties accompanied by an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Junior Liens to the Senior Trust Estate and the Priority Liens.

Appears in 1 contract

Samples: Collateral Agency Agreement (Gogo Inc.)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Creditors accompanied by an Officers’ Officer's Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of (i) the Junior Trust Estate and the Parity Liens to the Senior Trust Estate and the Priority Liens.

Appears in 1 contract

Samples: Collateral Trust Agreement (Belden & Blake Corp /Oh/)

Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4V; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) in the case of subordination, for the subordination of the Junior Trust Estate and the Parity Priority Liens to the Senior Trust Estate and the Priority Liens.

Appears in 1 contract

Samples: Collateral Trust Agreement (ICO Global Communications (Holdings) LTD)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Junior Liens to the Senior Trust Estate and the Priority Liens.

Appears in 1 contract

Samples: Collateral Trust Agreement (Satelites Mexicanos Sa De Cv)

Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except: (a) as directed by an Act of Required Secured Parties Instructing Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable non-appealable order or judgment of a court of competent jurisdiction; or; (d) for the subordination of the Junior Trust Estate and the Parity Liens to the Senior Trust Estate and the Priority Liens; or (e) for the subordination of the Trust Estates, Priority Liens and Parity Liens to the Permitted Prior Liens.

Appears in 1 contract

Samples: Collateral Trust Agreement (Banro Corp)

AutoNDA by SimpleDocs

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers' Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Junior Liens to the Senior Trust Estate and the Priority LiensLiens as provided for herein.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except: (a) as directed by an Act of Required Secured Parties Instructing Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable non-appealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Liens to the Senior Trust Estate and the Priority Liens.

Appears in 1 contract

Samples: Collateral Trust Agreement (Banro Corp)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Junior Liens to the Senior Trust Estate and the Priority Parity Liens.

Appears in 1 contract

Samples: Collateral Trust Agreement (Terremark Worldwide Inc.)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable (after any applicable appeals to the extent such order has been stayed) order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Junior Liens to the Senior Trust Estate and the Priority Parity Liens.

Appears in 1 contract

Samples: Collateral Trust Agreement (Cheniere Energy Inc)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers' Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Junior Trust Estate and the Parity Liens to the Senior Trust Estate and the Priority Liens.

Appears in 1 contract

Samples: Collateral Trust Agreement (Builders FirstSource, Inc.)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Parity Lien Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Parity Lien Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination or release of the Junior Trust Estate and Liens on the Parity Liens Collateral pursuant to the Senior Trust Estate and the Priority LiensIntercreditor Agreement.

Appears in 1 contract

Samples: Collateral Trust Agreement (Goodman Networks Inc)

Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Secured Parties Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Secured Debt Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or; (d) for the subordination of the Junior Trust Estate and the Parity Liens to the Senior Trust Estate and the Priority Liens; or (e) releases of ABL Collateral to the extent required by the Intercreditor Agreement.

Appears in 1 contract

Samples: Collateral Trust Agreement (NewPage Energy Services LLC)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!