Security Agent instructions. For the purposes of Clause 4.4 (Filing of claims) and Clause 4.5 (Actions of Creditors and Intra-Group Lenders) the Security Agent shall act: (a) on the instructions of the Instructing Group; or (b) (other than with respect to the enforcement of Transaction Security which, for the avoidance of doubt, shall be conducted in the manner contemplated by Clause 7.2 (Enforcement instructions)) in the absence of any such instructions but subject to Clause 11.10 (Excluded Obligations), as the Security Agent sees fit.
Appears in 3 contracts
Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Security Agent instructions. For the purposes of Clause 4.4 6.1 (Distributions), Clause 6.4 (Filing of claims) and Clause 4.5 6.5 (Actions of Creditors and Intra-Group LendersFurther assurance – Insolvency Event) the Security Agent shall act:
(a) on the written instructions of the Instructing Groupgroup of Secured Parties entitled, at that time, to give instructions under Clause 9.1 (Enforcement Instructions) or Clause 9.2 (Manner of enforcement); or
(b) (other than with respect to the enforcement of Transaction Security which, for the avoidance of doubt, shall be conducted in the manner contemplated by Clause 7.2 (Enforcement instructions)) in the absence of any such instructions but subject to Clause 11.10 (Excluded Obligations)instructions, as the Security Agent sees fit.
Appears in 2 contracts
Samples: Intercreditor Agreement (LumiraDx LTD), Intercreditor Agreement (LumiraDx LTD)
Security Agent instructions. For the purposes of Clause 4.4 3.4 (Filing of claims) and Clause 4.5 3.5 (Actions of Creditors and Intra-Group LendersCreditors) the Security Agent shall act:
(a) on the instructions of the Instructing Group; or
(b) (other than with respect to the enforcement of Transaction Security which, for the avoidance of doubt, shall be conducted in the manner contemplated by Clause 7.2 6.2 (Enforcement instructions)) in the absence of any such instructions but subject to Clause 11.10 10.10 (Excluded Obligations), as the Security Agent sees fit.
Appears in 2 contracts
Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Security Agent instructions. (a) For the purposes of Clause 4.4 35.4 (Filing of claims) and Clause 4.5 35.5 (Actions of Creditors and Intra-Group LendersCreditors' actions) the Security Agent shall act:
(ai) on the instructions of the Instructing GroupMajority Lenders; or
(b) (other than with respect to the enforcement of Transaction Security which, for the avoidance of doubt, shall be conducted in the manner contemplated by Clause 7.2 (Enforcement instructions)ii) in the absence of any such instructions but subject to Clause 11.10 (Excluded Obligations)instructions, as the Security Agent sees fit.
(b) For the purposes of Clause 35.4 (Filing of claims) and Clause 35.5 (Creditors' actions) the Secondary Security Agent shall act on the instructions of the Security Agent.
Appears in 2 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Security Agent instructions. (a) For the purposes of Clause 4.4 35.4 (Filing Filing of claims) and Clause 4.5 35.5 (Actions of Creditors and Intra-Group LendersCreditors' actions) the Security Agent shall act:
(ai) on the instructions of the Instructing GroupMajority Lenders; or
(b) (other than with respect to the enforcement of Transaction Security which, for the avoidance of doubt, shall be conducted in the manner contemplated by Clause 7.2 (Enforcement instructions)ii) in the absence of any such instructions but subject to Clause 11.10 (Excluded Obligations)instructions, as the Security Agent sees fit.
(b) For the purposes of Clause 35.4 (Filing of claims) and Clause 35.5 (Creditors' actions) the Secondary Security Agent shall act on the instructions of the Security Agent.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Security Agent instructions. For the purposes of Clause 4.4 6.1 (Distributions), Clause 6.4 (Filing of claimsClaims) and Clause 4.5 6.5 (Actions of Creditors and Intra-Group LendersFurther assurance – Insolvency Event) the Security Agent shall act:
(a) on the instructions of the Instructing Groupgroup of Senior Creditors entitled, at that time, to give instructions under Clause 9.1 (Enforcement Instructions) or Clause 9.2 (Manner of Enforcement); or
(b) (other than with respect to the enforcement of Transaction Security which, for the avoidance of doubt, shall be conducted in the manner contemplated by Clause 7.2 (Enforcement instructions)) in the absence of any such instructions but subject to Clause 11.10 (Excluded Obligations)instructions, as the Security Agent sees fit.
Appears in 1 contract
Samples: Intercreditor Agreement
Security Agent instructions. (a) For the purposes of Clause 4.4 ☒☒35.4 (☒☒Filing of claims) and Clause 4.5 35.5 (Actions of Creditors and Intra-Group LendersCreditors' actions) the Security Agent shall act:
(ai) on the instructions of the Instructing GroupMajority Lenders; or
(b) (other than with respect to the enforcement of Transaction Security which, for the avoidance of doubt, shall be conducted in the manner contemplated by Clause 7.2 (Enforcement instructions)ii) in the absence of any such instructions but subject to Clause 11.10 (Excluded Obligations)instructions, as the Security Agent sees fit.
(b) For the purposes of Clause ☒☒35.4 (☒☒Filing of claims) and Clause 35.5 (Creditors' actions) the Secondary Security Agent shall act on the instructions of the Security Agent.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)