Common use of Separate Collateral Agent Clause in Contracts

Separate Collateral Agent. It is the intent of the parties that there shall be no violation of any Applicable Law denying or restricting the right of financial institutions to transact business in any jurisdiction. If Collateral Agent believes that it may be limited in the exercise of any rights or remedies under the Loan Documents due to any Applicable Law, Collateral Agent may appoint an additional Person who is not so limited, as a separate collateral agent or co-collateral agent. If Collateral Agent so appoints a collateral agent or co-collateral agent, each right and remedy intended to be available to Collateral Agent under the Loan Documents shall also be vested in such separate agent. Every covenant and obligation necessary to the exercise thereof by such agent shall run to and be enforceable by it as well as Collateral Agent. Lenders shall execute and deliver such documents as Collateral Agent deems appropriate to vest any rights or remedies in such agent. If any collateral agent or co-collateral agent shall die or dissolve, become incapable of acting, resign or be removed, then all the rights and remedies of such agent, to the extent permitted by Applicable Law, shall vest in and be exercised by Collateral Agent until appointment of a new agent.

Appears in 9 contracts

Samples: Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.), Loan Agreement (Apparel Holding Corp.)

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Separate Collateral Agent. It is the intent of the parties that there shall be no violation of any Applicable Law denying or restricting the right of financial institutions to transact business in any jurisdiction. If Collateral Administrative Agent believes that it may be limited in the exercise of any rights or remedies under the Loan Documents due to any Applicable Law, Collateral Administrative Agent may appoint an additional Person who is not so limited, as a separate collateral agent or co-collateral agent. If Collateral Administrative Agent so appoints a collateral agent or co-collateral agent, each right and remedy intended to be available to Collateral Administrative Agent under the Loan Documents shall also be vested in such separate agent. Every covenant and obligation necessary to the exercise thereof by such agent shall run to and be enforceable by it as well as Collateral Administrative Agent. Lenders shall execute and deliver such documents as Collateral Administrative Agent deems appropriate to vest any rights or remedies in such agent. If any collateral agent or co-collateral agent shall die or dissolve, become incapable of acting, resign resign, or be removed, then all the rights and remedies of such agent, to the extent permitted by Applicable Law, shall vest in and be exercised by Collateral Administrative Agent until appointment of a new agent.

Appears in 5 contracts

Samples: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.)

Separate Collateral Agent. It is the intent of the parties that there shall be no violation of any Applicable Law denying or restricting the right of financial institutions to transact business in any jurisdiction. If Collateral the Agent believes that it may be limited in the exercise of any rights or remedies under the Loan Documents due to any Applicable Law, Collateral the Agent may appoint an additional Person who is not so limited, as a separate collateral agent or co-collateral agent. If Collateral the Agent so appoints a collateral agent or co-collateral agent, each right and remedy intended to be available to Collateral the Agent under the Loan Documents shall also be vested in such separate agent. Every covenant and obligation necessary to the exercise thereof by such separate agent shall run to and be enforceable by it as well as Collateral the Agent. The Lenders shall execute and deliver such documents as Collateral the Agent deems appropriate to vest any rights or remedies in such separate agent. If any collateral agent or co-collateral agent shall die or dissolve, become incapable of acting, resign resign, or be removed, then all the rights and remedies of such separate agent, to the extent permitted by Applicable Law, shall vest in and be exercised by Collateral the Agent until appointment of a new separate agent.

Appears in 4 contracts

Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)

Separate Collateral Agent. It is the intent of the parties that there shall be no violation of any Applicable Law denying or restricting the right of financial institutions to transact business in any jurisdiction. If Collateral Agent believes that it may be limited in the exercise of any rights or remedies under the Loan Documents due to any Applicable Law, Collateral Agent may appoint an additional Person who is not so limited, as a separate collateral agent or co-collateral agent. If Collateral Agent so appoints a collateral agent or co-collateral agent, each right and remedy intended to be available to Collateral Agent under the Loan Documents shall also be vested in such separate agent. Every covenant and obligation necessary to the exercise thereof by such agent shall run to and be enforceable by it as well as Collateral Agent. Lenders Secured Parties shall execute and deliver such documents as Collateral Agent deems appropriate to vest any rights or remedies in such agent. If any collateral agent or co-collateral agent shall die or dissolve, become incapable of acting, resign or be removed, then all the rights and remedies of such agent, to the extent permitted by Applicable Law, shall vest in and be exercised by Collateral Agent until appointment of a new agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Americas Carmart Inc), Loan and Security Agreement (Americas Carmart Inc)

Separate Collateral Agent. It is the intent of the parties that there shall be no violation of any Applicable Law denying or restricting the right of financial institutions to transact business in any jurisdiction. If Collateral Administrative Agent believes that it may be limited in the exercise of any rights or remedies under the Loan Documents due to any Applicable Law, Collateral Administrative Agent may appoint an additional Person who is not so limited, as a separate collateral agent or co-collateral agent. If Collateral Administrative Agent so appoints a collateral agent or co-collateral agent, each right and remedy intended to be available to Collateral Administrative Agent under the Loan Documents shall also be vested in such separate agent. Every covenant and obligation necessary to the exercise thereof by such agent shall run to and be enforceable by it as well as Collateral Administrative Agent. Lenders Xxxxxxx shall execute and deliver such documents as Collateral Administrative Agent deems appropriate to vest any rights or remedies in such agent. If any collateral agent or co-collateral agent shall die or dissolve, become incapable of acting, resign resign, or be removed, then all the rights and remedies of such agent, to the extent permitted by Applicable Law, shall vest in and be exercised by Collateral Administrative Agent until appointment of a new agent.

Appears in 2 contracts

Samples: Credit Agreement (BRC Inc.), Credit Agreement (BRC Inc.)

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Separate Collateral Agent. It is the intent of the parties that there shall be no violation of any Applicable Requirement of Law denying or restricting the right of financial institutions to transact business in any jurisdiction. If Collateral the Agent believes that it may be limited in the exercise of any rights or remedies under the Loan Documents due to any Applicable Requirement of Law, Collateral the Agent may appoint an additional Person who is not so limited, as a separate collateral agent or co-collateral agent. If Collateral the Agent so appoints a collateral agent or co-collateral agent, each right and remedy intended to be available to Collateral the Agent under the Loan Documents shall also be vested in such separate agent. Every covenant and obligation necessary to the exercise thereof by such agent shall run to and be enforceable by it as well as Collateral the Agent. Lenders shall execute and deliver such documents as Collateral the Agent deems appropriate to vest any rights or remedies in such agent. If any collateral agent or co-collateral agent shall die or dissolve, become incapable of acting, resign resign, or be removed, then all the rights and remedies of such agent, to the extent permitted by Applicable Requirements of Law, shall vest in and be exercised by Collateral the Agent until appointment of a new agent.

Appears in 2 contracts

Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)

Separate Collateral Agent. It is the intent of the parties that there shall be no violation of any Applicable Law denying or restricting the right of financial institutions to transact business in any jurisdiction. If Collateral Administrative Agent believes that it may be limited in the exercise of any rights or remedies under the Loan Documents due to any Applicable Law, Collateral Administrative Agent may appoint an additional Person who is not so limited, as a separate collateral agent or co-collateral agent. If Collateral Administrative Agent so appoints a collateral agent or co-collateral agent, each right and remedy intended to be available to Collateral Administrative Agent under the Loan Documents shall also be vested in such separate agent. Every covenant and obligation necessary to the exercise thereof by such agent shall run to and be enforceable by it as well as Collateral Administrative Agent. Lenders Secured Parties shall execute and deliver such documents as Collateral Administrative Agent deems appropriate to vest any rights or remedies in such agent. If any collateral agent or co-collateral agent shall die or dissolve, become incapable of acting, resign or be removed, then all the rights and remedies of such agent, to the extent permitted by Applicable Law, shall vest in and be exercised by Collateral Administrative Agent until appointment of a new agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Spectrum Brands, Inc.)

Separate Collateral Agent. It is the intent of the parties that there shall be no violation of any Applicable Law denying or restricting the right of financial institutions to transact business in any jurisdiction. If Collateral Administrative Agent believes that it may be limited in the exercise of any rights or remedies under the Loan Documents due to any Applicable Law, Collateral Administrative Agent may appoint an additional Person who is not so limited, as a separate collateral agent or co-collateral agent. If Collateral Administrative Agent so appoints a collateral agent or co-collateral agent, each right and remedy intended to be available to Collateral Administrative Agent under the Loan Documents shall also be vested in such separate agent. Every covenant and obligation necessary to the exercise thereof by such agent shall run to and be enforceable by it as well as Collateral Administrative Agent. Lenders Xxxxxxx shall execute and deliver such documents as Collateral Administrative Agent deems appropriate to vest any rights or remedies in such agent. If any collateral agent or co-collateral agent shall die or dissolve, become incapable of acting, resign resign, or be removed, then all the rights and remedies of such agent, to the extent permitted by Applicable Law, shall vest in and be exercised by Collateral Administrative Agent until appointment of a new agent.. 12.9

Appears in 1 contract

Samples: Credit Agreement (Alpha Metallurgical Resources, Inc.)

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