Secured Parties. (a) The Security Documents shall be in favour of the Administrative Agent for the benefit of the Secured Parties. (b) The Secured Hedge Obligations shall be secured by the Liens granted under the Security Documents and rank pari passu with the obligations of the Borrower under this Agreement. (c) The Secured Cash Management Obligations shall be secured by the Liens granted under the Security Documents and rank pari passu with the obligations of the Borrower under this Agreement. (d) Notwithstanding such common security and prior to the Lender Termination Date, all decisions regarding the administration and enforcement of the Security Documents shall be made by the Lenders alone, and no Secured Hedge Counterparty shall have any voting rights under this Agreement or any other right whatsoever to participate in the administration or enforcement of the Security Documents. For the avoidance of doubt but without limitation, prior to the Lender Termination Date any or all of the Security Documents or any rights contained therein may be amended or released by the Administrative Agent without the consent of any Secured Hedge Counterparty. (e) Each Lender that is or becomes a Secured Hedge Counterparty shall be bound as such by virtue of its execution and delivery of this Agreement or an Assignment and Assumption, as applicable, notwithstanding that such capacity as Secured Hedge Counterparty may not be identified on its signature line.
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Samples: Credit Agreement (Tahoe Resources Inc.), Credit Agreement (Tahoe Resources Inc.), Credit Agreement (Tahoe Resources Inc.)
Secured Parties. (a) The Security Documents shall be in favour of the Administrative Agent for the benefit of the Secured Parties.
(b) . The Secured Hedge Obligations shall be secured by and the Liens granted under the Security Documents and rank pari passu with the obligations of the Borrower under this Agreement.
(c) The Secured Cash Management Obligations shall be secured by the Liens granted under the Security Documents and rank pari passu with the obligations of the Borrower under this Agreement.
(d) . Notwithstanding such common security and prior to the Lender Termination Date, (i) all decisions regarding the administration and enforcement of the Security Documents shall be made by the Lenders alone, and no Secured Hedge Counterparty or Secured Cash Management Provider shall have any voting rights under this Agreement or any other right whatsoever to participate in the administration or enforcement of the Security Documents, and (ii) in any bankruptcy, insolvency, reorganization or similar proceeding under the laws of any applicable jurisdiction, each Secured Hedge Counterparty and each Secured Cash Management Provider shall vote with respect to any plan of reorganization, compromise or arrangement, or proposal, in a manner consistent with the vote of the Required Lenders with respect to such plan or proposal. For the avoidance of doubt but without limitation, prior to the Lender Termination Date any or all of the Credit Party Guarantees and Security Documents or and any rights contained therein may be amended or released by the Administrative Agent without the consent of any Secured Hedge Counterparty.
(e) Counterparty or Secured Cash Management Provider in accordance with Section 9.2. Each Lender that is or becomes a Secured Hedge Counterparty or Secured Cash Management Provider shall be bound as such by virtue of its execution and delivery of this Credit Agreement or an Assignment and Assumption, as applicable, notwithstanding that such capacity as Secured Hedge Counterparty or Secured Cash Management Provider may not be identified on its signature line.
Appears in 2 contracts
Samples: Fifth Amendment Agreement (Eldorado Gold Corp /Fi), Credit Agreement (Eldorado Gold Corp /Fi)
Secured Parties. (a) The Security Documents shall be in favour of the Administrative Agent for the benefit of the Secured Parties.
(b) The Secured Hedge Hedging Obligations shall be secured by the Liens granted under the Security Documents and rank pari passu with (i) the Secured Cash Management Obligations and (ii) the obligations of the Borrower under this Agreement.
(c) The Secured Cash Management Obligations shall be secured by the Liens granted under the Security Documents and rank pari passu with (i) the Secured Hedging Obligations and (ii) the obligations of the Borrower under this Agreement.
(d) Notwithstanding such common security and prior to the Lender Termination Date, all decisions regarding the administration and enforcement of the Security Documents shall be made by the Lenders alone, and no Secured Hedge Counterparty or Secured Cash Management Provider (in each case, except if such party is a Lender, and then only in its capacity as a Lender) shall have any voting rights under this Agreement or any other right whatsoever to participate in the administration or enforcement of the Security Documents. For the avoidance of doubt but without limitation, prior to the Lender Termination Date any or all of the Security Documents or any rights contained therein may be amended or released by the Administrative Agent without the consent of any Secured Hedge CounterpartyCounterparty or Secured Cash Management Provider.
(e) Each Lender that is or becomes a Secured Hedge Counterparty or Secured Cash Management Provider shall be bound as such by virtue of its execution and delivery of this Agreement or an Assignment and Assumption, as applicable, notwithstanding that such capacity as Secured Hedge Counterparty or Secured Cash Management Provider may not be identified on its signature line.
Appears in 2 contracts
Samples: Credit Agreement (Pretium Resources Inc.), Credit Agreement (Pretium Resources Inc.)
Secured Parties. (a) The Security Documents shall be in favour of the Administrative Agent for the benefit of the Secured Parties.
(b) . The Secured Hedge Obligations shall be secured by and the Liens granted under the Security Documents and rank pari passu with the obligations of the Borrower under this Agreement.
(c) The Secured Cash Management Obligations shall be secured by the Liens granted under the Security Documents and rank pari passu with the obligations of the Borrower under this Agreement.
(d) . Notwithstanding such common security and prior to the Lender Termination Date, (i) all decisions regarding the administration and enforcement of the Security Documents shall be made by the Lenders alone, and no Secured Hedge Counterparty or Secured Cash Management Provider shall have any voting rights under this Agreement or any other right whatsoever to participate in the administration or enforcement of the Security Documents, and (ii) in any bankruptcy, insolvency, reorganization or similar proceeding under the laws of any applicable jurisdiction, each Secured Hedge Counterparty and each Secured Cash Management Provider shall vote with respect to any plan of reorganization, compromise or arrangement, or proposal, in a manner consistent with the vote of the Required Lenders with respect to such plan or proposal. For the avoidance of doubt but without limitation, prior to the Lender Termination Date any or all of the Credit Party Guarantees and Security Documents or and any rights contained therein may be amended or released by the Administrative Agent without the consent of any Secured Hedge Counterparty.
(e) Counterparty or Secured Cash Management Provider in accordance with Section 9.2. Each Lender that is or becomes a Secured Hedge Counterparty or Secured Cash Management Provider shall be bound as such by virtue of its execution and delivery of this Agreement or an Assignment and Assumption, as applicable, notwithstanding that such capacity as Secured Hedge Counterparty or Secured Cash Management Provider may not be identified on its signature line.
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