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 (but only upon receipt by the Collateral Trustee of an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Document); (b) as required by the Intercreditor Agreements; (c) as required by Article 4; or (d) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Collateral Trust Agreement, Collateral Trust Agreement (Toys R Us 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 (but only upon receipt a Securityholder Instruction accompanied by the Collateral Trustee of an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Document)Operative Agreement;
(b) as required or permitted by the Intercreditor Agreements;Section 2.02 , Section 5.03 or Article VI; and
(c) as required by Article 4; or
(d) 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.
Appears in 2 contracts
Samples: Security and Collateral Agency Agreement, Security and Collateral Agency Agreement (Expressjet Holdings 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 (but only upon receipt by the Collateral Trustee Agent of an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Document);
(b) as required by the Intercreditor Agreements;
(c) as required by Article 4; or
(d) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction.
Appears in 2 contracts
Samples: Parity Lien Intercreditor Agreement, Parity Lien Intercreditor Agreement (Constellium N.V.)
Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Priority Lien of the Collateral Trustee Agent or consent to the release or subordination of any Priority Lien of the Collateral TrusteeAgent, except:
(a) as directed by the Controlling Priority Lien Representative accompanied by an Act of Required Secured Parties (but only upon receipt by the Collateral Trustee of an Officers’ Officer’s Certificate to the effect stating that the release or subordination was permitted by each applicable Parity Priority Lien DocumentDocument and otherwise setting forth the requirements of Section 4.1(b)(1) and 4.1(b)(2);
(b) as required by the Intercreditor Agreements;
(c) as required by Article 4; or
(dc) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction.
Appears in 1 contract
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 the Required Secured Parties (but only upon receipt Parity Lien Debtholders accompanied by the Collateral Trustee of an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Document);
(b) as required by the Intercreditor Agreements;
(c) as required by Article 4Agreement; or
(dc) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction.
Appears in 1 contract
Samples: Collateral Agency Agreement (Advanced Audio Concepts, 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 (but only upon receipt Debtholders accompanied by the Collateral Trustee of an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Document)Secured Debt Document and all conditions precedent to such release or subordination have been satisfied;
(b) as required by the Intercreditor Agreements;
(c) as required by Article 4; or
(dc) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction.
Appears in 1 contract
Samples: Collateral Trust Agreement (American Casino & Entertainment Properties 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 (but only upon receipt Parity Lien Debtholders accompanied by the Collateral Trustee of an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien DocumentDocument and otherwise setting forth the requirements of Section 4.1(b)(1) and (b)(2);
(b) as required by the Intercreditor AgreementsArticle 4;
(c) as required by Article 4; or
(d) 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 Trust Estate and the Parity Liens to the extent required by the Intercreditor Agreement.
Appears in 1 contract
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee granted under any Security Document or consent to the release or subordination of any Lien of the Collateral TrusteeTrustee granted under any Security Document, except:
: (a) solely with respect to subordination, as directed by an Act of Required Secured Parties (but only upon receipt accompanied by the Collateral Trustee of an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document);
; (b) as required by the Intercreditor Agreements;
Article V; (c) as required by Article 4; or
(d) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) as permitted by Section 2.7(b) or Section 3.7(a) in connection with a DIP Financing. or (e) as required by the Intercreditor Agreement.
Appears in 1 contract
Samples: Supplemental Indenture (Altera Infrastructure L.P.)