Common use of Subsequent Changes Affecting Collateral Clause in Contracts

Subsequent Changes Affecting Collateral. The Company represents to the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes and the Convertible Note Trustee and the Holders of the Convertible Notes, that the Company has made its own arrangements for keeping informed of changes or potential changes affecting the Collateral (including, but not limited to, rights to convert, rights to subscribe, payment of dividends, payments of interest and/or principal, reorganization or other exchanges, tender offers and voting rights), and the Company agrees that the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes shall have no responsibility or liability for informing the Company of any such changes or potential changes or for taking any action or omitting to take any action with respect thereof. Except as not prohibited by the Senior Note Indenture (or the Convertible Note Indenture if the Senior Notes are no longer outstanding and the Senior Note Indenture has been satisfied and discharged), the Company covenants that it will not, without the prior written consent of the applicable Trustee, vote to enable, or take any other action to permit, any Issuer to issue any Capital Stock or other securities or to sell or otherwise dispose of, or grant any option with respect to, any of the Collateral or create or permit to exist any Lien upon or with respect to any of the Collateral, except for, Permitted Liens and the Liens granted under this Security Agreement and the other Senior Note Collateral Documents. The Company will defend the right, title and interest of the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes and the Convertible Note Trustee and the Holders of the Convertible Notes in and to the Collateral against the claims and demands of all persons.

Appears in 2 contracts

Samples: Nwe Cyprus Senior Note Security and Pledge Agreement (PLD Telekom Inc), Nwe Cyprus Senior Note Security and Pledge Agreement (Nwe Capital Cyprus LTD)

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Subsequent Changes Affecting Collateral. The Company represents to the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes and the Convertible Note Trustee and the Holders of the Convertible Notes, and the Senior Note Trustee and the Holders of the Senior Notes that the Company has made its own arrangements for keeping informed of changes or potential changes affecting the Collateral (including, but not limited to, rights to convert, rights to subscribe, payment of dividends, payments of interest and/or principal, reorganization or other exchanges, tender offers and voting rights), and the Company agrees that the Collateral Agent, the Convertible Note Trustee and the Holders of the Convertible Notes, and the Senior Note Trustee and the Holders of the Senior Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes shall have no responsibility or liability for informing the Company of any such changes or potential changes or for taking any action or omitting to take any action with respect thereof. Except as not prohibited by the Senior Note Indenture (or the Convertible Note Indenture or, if the Senior Convertible Notes are no longer outstanding and the Senior Convertible Note Indenture has been satisfied and discharged), the Senior Note Indenture, the Company covenants that it will not, without the prior written consent of the applicable Trustee, vote to enable, or take any other action to permit, any Issuer Technocom to issue any Capital Stock or other securities or to sell or otherwise dispose of, or grant any option with respect to, any of the Collateral or create or permit to exist any Lien upon or with respect to any of the Collateral, except forfor Liens permitted by Section 4.11 of the Senior Note Indenture, Permitted Liens Liens, and the Liens granted under this Security Agreement and the other Senior Convertible Note Collateral Documents. The Company will defend the right, title and interest of the Collateral Agent, the Convertible Note Trustee and the Holders of the Convertible Notes, and the Senior Note Trustee and the Holders of the Senior Notes and the Convertible Note Trustee and the Holders of the Convertible Notes in and to the Collateral against the claims and demands of all persons.

Appears in 1 contract

Samples: Company Convertible Note Security and Pledge Agreement (PLD Telekom Inc)

Subsequent Changes Affecting Collateral. The Leasing Company represents to the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes, Notes that the Leasing Company has made its own arrangements for keeping informed of changes or potential changes affecting the Collateral (including, but not limited to, compliance with the covenants and the occurrence of events of default under Telecommunications Asset Agreements and the status of the related Telecommunications Assets, rights to convert, rights to subscribe, payment of dividends, payments of interest and/or principal, reorganization or other exchanges, tender offers and voting rights), and the Leasing Company agrees that the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes shall have no responsibility or liability for informing the Leasing Company of any such changes or potential changes or for taking any action or omitting to take any action with respect thereof. Except as not prohibited by the Senior Note Indenture (or the Convertible Note Indenture if the Senior Notes are no longer outstanding and the Senior Note Indenture has been satisfied and discharged), the Company covenants that it will not, without the prior written consent of the applicable Trustee, vote to enable, or take any other action to permit, any Issuer to issue any Capital Stock or other securities or to sell or otherwise dispose of, or grant any option with respect to, any of the Collateral or create or permit to exist any Lien upon or with respect to any of the Collateral, except for, Permitted Liens and the Liens granted under this Security Agreement and the other Senior Note Collateral Documents. The Leasing Company will defend the right, title and interest of the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes in and to the Collateral against the claims and demands of all persons.

Appears in 1 contract

Samples: Leasing Company Security and Pledge Agreement (PLD Capital Asset Us Inc)

Subsequent Changes Affecting Collateral. The Leasing Company represents to the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes, Notes that the Leasing Company has made its own arrangements for keeping informed of changes or potential changes affecting the Collateral (including, but not limited to, compliance with the covenants and the occurrence of events of default under Telecommunications Asset Leases and the status of the related leased Telecommunications Assets, rights to convert, rights to subscribe, payment of dividends, payments of interest and/or principal, reorganization or other exchanges, tender offers and voting rights), and the Leasing Company agrees that the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes shall have no responsibility or liability for informing the Leasing Company of any such changes or potential changes or for taking any action or omitting to take any action with respect thereof. Except as not prohibited by the Senior Note Indenture (or the Convertible Note Indenture if the Senior Notes are no longer outstanding and the Senior Note Indenture has been satisfied and discharged), the Company covenants that it will not, without the prior written consent of the applicable Trustee, vote to enable, or take any other action to permit, any Issuer to issue any Capital Stock or other securities or to sell or otherwise dispose of, or grant any option with respect to, any of the Collateral or create or permit to exist any Lien upon or with respect to any of the Collateral, except for, Permitted Liens and the Liens granted under this Security Agreement and the other Senior Note Collateral Documents. The Leasing Company will defend the right, title and interest of the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes in and to the Collateral against the claims and demands of all persons.

Appears in 1 contract

Samples: Leasing Company Security and Pledge Agreement (PLD Telekom Inc)

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Subsequent Changes Affecting Collateral. The Company represents to the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes, Notes that the Company has made its own arrangements for keeping informed of changes or potential changes affecting the Collateral (including, but not limited to, rights to convert, rights to subscribe, payment of dividends, payments of interest and/or principal, reorganization or other exchanges, tender offers and voting rights), and the Company agrees that the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes shall have no responsibility or liability for informing the Company of any such changes or potential changes or for taking any action or omitting to take any action with respect thereof. Except as not prohibited by the Senior Note Indenture (or the Convertible Note Indenture or, if the Senior Notes are no longer outstanding and the Senior Note Indenture has been satisfied and discharged), the Convertible Note Indenture, the Company covenants that it will not, without the prior written consent of the applicable Trustee, vote to enable, or take any other action to permit, any Issuer to issue any Capital Stock or other securities or to sell or otherwise dispose of, or grant any option with respect to, any of the Collateral or create or permit to exist any Lien upon or with respect to any of the Collateral, except forfor Liens permitted by Section 4.11 of the Senior Note Indenture, Permitted Liens and the Liens granted under this Security Agreement and the other Senior Note Collateral Documents. The Company will defend the right, title and interest of the Collateral Agent, the Senior Note Trustee and the Holders of the Senior Notes Notes, and the Convertible Note Trustee and the Holders of the Convertible Notes in and to the Collateral against the claims and demands of all persons.

Appears in 1 contract

Samples: Company Senior Note Security and Pledge Agreement (PLD Telekom Inc)

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