Common use of Rights under Permits and Licenses Clause in Contracts

Rights under Permits and Licenses. The Trustee agrees that if the Collateral Agent shall require rights available under any permit or license controlled by the Trustee (as certified to the Trustee by the Collateral Agent, upon which the Trustee may rely) in order to realize on any Revolving Facility First Lien Collateral, the Trustee shall (subject to the terms of the Indenture, including the Trustee’s rights to indemnification thereunder) take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and reasonably requested by the Collateral Agent in writing, to make such rights available to the Collateral Agent, subject to the Noteholder Liens. The Collateral Agent agrees that if the Trustee shall require rights available under any permit or license controlled by the Collateral Agent (as certified to the Collateral Agent by the Trustee, upon which the Collateral Agent may rely) in order to realize on any Noteholder First Lien Collateral, the Collateral Agent shall take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and reasonably requested by the Trustee in writing, to make such rights available to the Trustee, subject to the Revolving Facility Liens.

Appears in 4 contracts

Samples: Subordination and Intercreditor Agreement (Nortek Inc), Lien Subordination and                        Intercreditor Agreement (Ply Gem Holdings Inc), Lien Subordination and Intercreditor Agreement (NTK Holdings, Inc.)

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Rights under Permits and Licenses. The Trustee agrees and the Noteholder Collateral Agent agree that if the any ABL Collateral Agent shall require rights available under any permit or license controlled by the Trustee (as certified to or the Trustee by the Noteholder Collateral Agent, upon which the Trustee may rely) Agent in order to realize on any Revolving Facility applicable ABL First Lien Collateral, the Trustee or the Noteholder Collateral Agent, as the case may be, shall (subject to the terms of the Indenture, including the Trustee’s rights to indemnification thereunder) take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and reasonably requested by the such ABL Collateral Agent in writingAgent, to make such rights available to the such ABL Collateral Agent, subject to the Noteholder Liens. The Each ABL Collateral Agent agrees that if the Trustee or the Noteholder Collateral Agent shall require rights available under any permit or license controlled by the such ABL Collateral Agent (as certified to the Collateral Agent by the Trustee, upon which the Collateral Agent may rely) in order to realize on any Noteholder First Lien Collateral, the such ABL Collateral Agent shall take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and reasonably requested by the Trustee in writingor the Noteholder Collateral Agent, as the case may be, to make such rights available to the TrusteeTrustee or the Noteholder Collateral Agent, as the case may be, subject to the Revolving Facility applicable ABL Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Merrimack Pharmaceuticals Inc), Indenture (Merrimack Pharmaceuticals Inc)

Rights under Permits and Licenses. The In addition to the Closing Date License granted hereunder, the Trustee agrees that if the Collateral Agent shall require rights available under any permit or license controlled by the Trustee (as certified to the Trustee by the Collateral Agent, upon which the Trustee may rely) in order to realize on any Revolving Facility First Lien Collateral, the Trustee shall (subject to the terms of the Indenture, including the Trustee’s rights to indemnification thereunder) take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and contractual obligations and reasonably requested by the Collateral Agent in writing, to make such rights available to the Collateral Agent, subject to the Noteholder Liens. The Collateral Agent agrees that if the Trustee shall require rights available under any permit or license controlled by the Collateral Agent (as certified to the Collateral Agent by the Trustee, upon which the Collateral Agent may rely) in order to realize on any Noteholder First Lien Collateral, the Collateral Agent shall (subject to the terms of the Credit Agreement, including the Collateral Agent’s rights to indemnification thereunder) take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and contractual obligations and reasonably requested by the Trustee in writing, to make such rights available to the Trustee, subject to the Revolving Facility Liens.

Appears in 2 contracts

Samples: Security Agreement (Affinia Group Holdings Inc.), Lien Subordination and Intercreditor Agreement (Affinia Group Intermediate Holdings Inc.)

Rights under Permits and Licenses. The Trustee and the Noteholder Collateral Agent each agrees that if the Collateral Agent shall require rights available under any permit or license controlled by the Trustee (as certified to and/or the Trustee by the Noteholder Collateral Agent, upon which the Trustee may rely) Agent in order to realize on any Revolving Credit Facility First Lien Collateral, the Trustee and/or the Noteholder Collateral Agent shall (subject to the terms of the Indenture, including the Trustee’s rights to indemnification thereunder) take all such actions as shall be available to it or them (at the sole expense of the Grantors), consistent with applicable law and reasonably requested by the Collateral Agent in writing, to make such rights available to the Collateral Agent, subject to the Noteholder Liens. The Collateral Agent agrees that if the Trustee and/or the Noteholder Collateral Agent shall require rights available under any permit or license controlled by the Collateral Agent (as certified to the Collateral Agent by the Trustee, upon which the Collateral Agent may rely) in order to realize on any Noteholder First Lien CollateralCollateral (in accordance within the terms of this Agreement), the Collateral Agent shall take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and reasonably requested by the Trustee in writing, and/or the Noteholder Collateral Agent to make such rights available to the TrusteeTrustee and/or the Noteholder Collateral Agent, subject to the Revolving Credit Facility Liens.

Appears in 1 contract

Samples: Intercreditor Agreement (AGY Holding Corp.)

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Rights under Permits and Licenses. The Trustee Term Facility Agent agrees that if the Collateral Revolving Facility Agent shall require rights available under any permit or license controlled by the Trustee Term Facility Agent (as certified to the Trustee Term Facility Agent by the Collateral Revolving Facility Agent, upon which the Trustee Term Facility Agent may rely) in order to realize on any Revolving Facility First Lien Collateral, the Trustee Term Facility Agent shall (subject to the terms of the IndentureTerm Facility Credit Agreement, including the TrusteeTerm Facility Agent’s rights to indemnification thereunder) take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and reasonably requested by the Collateral Revolving Facility Agent in writing, to make such rights available to the Collateral Revolving Facility Agent, subject to the Noteholder Term Facility Liens. The Collateral Revolving Facility Agent agrees that if the Trustee Term Facility Agent shall require rights available under any permit or license controlled by the Collateral Revolving Facility Agent (as certified to the Collateral Revolving Facility Agent by the TrusteeTerm Facility Agent, upon which the Collateral Revolving Facility Agent may rely) in order to realize on any Noteholder Term Facility First Lien Collateral, the Collateral Revolving Facility Agent shall take all such actions as shall be available to it (at the sole expense of the Grantors), consistent with applicable law and reasonably requested by the Trustee Term Facility Agent in writing, to make such rights available to the TrusteeTerm Facility Agent, subject to the Revolving Facility Liens.

Appears in 1 contract

Samples: Intercreditor Agreement (HMH Holdings (Delaware), Inc.)

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