Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge Counterparty, determines that (1) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and (2) none of the Secured Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor pursuant to the Debt Documents: (a) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and (b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Security Documents.
Appears in 6 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Additional Facility S Accession Deed (Liberty Global PLC), Additional Facility T Accession Deed (Liberty Global PLC)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyMajority Lenders, determines that (1) all of the Secured Obligations Liabilities and all other obligations liabilities secured by the Transaction Security Documents have been fully and finally discharged and (2) none of the Secured Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Finance Documents:
(a) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Transaction Security Documents; and
(b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Transaction Security Documents.
Appears in 4 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Loan Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge Counterparty, Facility Agent determines that that:
(1a) all of the Secured Obligations Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Transaction Obligor pursuant to the Debt Finance Documents:, then
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 29.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.
Appears in 4 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyMajority Lenders, determines that that:
(1a) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Finance Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 26.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.
Appears in 3 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyFacility Agent, determines that (1a) all of the Secured Obligations Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged and (2b) none of the Secured Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Finance Documents:
(aA) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bB) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Security Documents.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge Counterparty, Facility Agent determines that that:
(1a) all of the Secured Obligations Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Transaction Obligor pursuant to the Debt Finance Documents:, then
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 32.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.
Appears in 3 contracts
Samples: Facility Agreement (Globus Maritime LTD), Facility Agreement (Okeanis Eco Tankers Corp.), Facility Agreement (Okeanis Eco Tankers Corp.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyFacility Agent, determines that that:
(1a) all of the Secured Obligations and all other obligations secured by the Transaction Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Finance Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Transaction Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to clause 31.14 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Transaction Security DocumentsDocument.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.), Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyAgent, determines that (1a) all of the Secured Obligations and all other obligations secured by the Transaction Security Documents have been fully and finally discharged and (2b) none of the Secured Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Finance Documents:
(a) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Transaction Security Documents; and
(b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Transaction Security Documents.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyMajority Lenders, determines that (1a) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and (2b) none of the Secured Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Guaranteed Documents:
(a) the trusts set out in this Agreement agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Security Documents.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge Hedging Counterparty, determines that (1a) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and (2b) none of the Secured Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Finance Documents:
(aA) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bB) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Security Documents.
Appears in 1 contract
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyMajority Lenders, determines that that:
(1a) all of the Secured Obligations Liabilities and all other obligations secured by the Transaction Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor the Borrower pursuant to the Debt Finance Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Transaction Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 24.13 (Resignation of the Agent and the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Transaction Security Documents.
Appears in 1 contract
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyAgent, determines that that:
(1a) all of the Secured Obligations and all other obligations secured by the Transaction Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Finance Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Transaction Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 23.14 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Transaction Security DocumentsDocument.
Appears in 1 contract
Winding up of trust. If the Security Agent, with the approval of each of the Agents Agent and each Hedge Counterparty, determines that that:
(1a) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor pursuant to the Debt Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 18.12 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.
Appears in 1 contract
Samples: Intercreditor Agreement
Winding up of trust. If the Security Agent, with the approval of each of the Agents and each Hedge CounterpartyInvestment Agent, determines that that:
(1a) all of the Secured Obligations Liabilities and all other obligations secured by the Transaction Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Transaction Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Transaction Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 7.15 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Transaction Security DocumentsDocument.
Appears in 1 contract
Winding up of trust. If the Security Agent, with the approval of each of the Agents Representatives and each Hedge Counterparty, determines that (1a) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and (2b) none of the Secured Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor pursuant to the Debt Documents:
: (ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
and (bii) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Security Documents.
Appears in 1 contract
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents Agent and each Hedge Counterparty, determines that that:
(1a) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Loan Party pursuant to the Debt Finance Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 28.16 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.
Appears in 1 contract
Samples: Facilities Agreement (Igate Corp)
Winding up of trust. β If the Security Agent, with the approval of each of the Agents Agent and each Hedge Counterparty, determines that that:
(1a) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor pursuant to the Debt Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 18.12 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.
Appears in 1 contract
Samples: Intercreditor Agreement
Winding up of trust. If the any Security Agent, with the approval of each of the Agents and each Hedge CounterpartyMajority Lenders, determines that that:
(1a) all of the Secured Obligations Liabilities and all other obligations secured by the Transaction Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor Obligor pursuant to the Debt Finance Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the that Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the that Security Agent under each of the Transaction Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 25.13 (Resignation of the Agent and the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Transaction Security Documents.
Appears in 1 contract
Samples: Secured Facility Agreement (Amkor Technology, Inc.)
Winding up of trust. If the Security Agent, with the approval of each of the Agents Agent and each Hedge Counterparty, determines that that:
(1a) all of the Secured Obligations and all other obligations secured by the Security Documents have been fully and finally discharged and discharged; and
(2b) none of the no Secured Parties Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Debtor pursuant to the Debt Documents, then:
(ai) the trusts set out in this Agreement shall be wound up and the Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent under each of the Security Documents; and
(bii) any Retiring Security Agent which has resigned pursuant to Clause 17.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.
Appears in 1 contract
Samples: Intercreditor Agreement