Winding up of trust. If the Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents have been fully and finally discharged and (b) 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 Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Trustee under each of the Security Documents.
Appears in 6 contracts
Samples: Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc)
Winding up of trust. If the Security Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents have been fully and finally discharged and (b) 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 Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee under each of the Security Documents.
Appears in 6 contracts
Samples: Agreement (Solutia Inc), Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD)
Winding up of trust. If the Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents have been fully and finally discharged and (b) 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 Obligor the Borrower pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Trustee under each of the Security Documents.
Appears in 5 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/)
Winding up of trust. If the Security Trustee, with the approval of the Majority LendersInstructing Group, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents have been fully and finally discharged and (b) 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 Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee under each of the Security Documents.
Appears in 3 contracts
Samples: Agreement (Fx Energy Inc), Agreement (Fx Energy Inc), Agreement (Fx Energy Inc)
Winding up of trust. If Without prejudice to Clause 29.3.3, if the Security Trustee, with the approval of the Majority LendersAgent, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents have been fully and finally discharged and (b) 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 Obligor the Borrower pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee under each of the Security Documents.
Appears in 2 contracts
Samples: And Restatement Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)
Winding up of trust. If the Security Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents have been fully and finally discharged and (b) none of the Secured Finance Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee under each of the Security Documents.
Appears in 2 contracts
Samples: Agreement (Montpelier Re Holdings LTD), Agreement (Montpelier Re Holdings LTD)
Winding up of trust. If the Security Trustee, with the approval of the Agent (acting on the instructions of the Majority Lenders), determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents have been fully and finally discharged and (b) #4858-0589-9649v12 none of the Secured Finance Parties is under any commitment, obligation or liability (whether actual or contingent) to make advances or provide other financial accommodation to any Obligor pursuant to under the Finance Transaction Documents, the trusts set out in this Agreement shall be wound up and up. At that time the Security Trustee shall release, without recourse or warranty, all of the Transaction Security Collateral then held by it and the rights of the Security Trustee under each of the Security Documents.
Appears in 1 contract
Winding up of trust. If the Security Trustee, with the approval of the Majority LendersBanks, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents Agreement have been fully and finally discharged and (b) none of the Secured Finance Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee under each of the Security DocumentsAgreement.
Appears in 1 contract
Samples: Agreement (Marconi Corp PLC)
Winding up of trust. If the Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Security Documents have been fully and finally discharged and (b) none of the Secured Finance Parties is under any commitment, obligation or liability (actual or contingent) to make advances Loans or provide other financial accommodation to any Obligor pursuant to the Finance Documents, the trusts - 92 - set out in this Agreement shall be wound up and the Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Trustee under each of the Security Documents.
Appears in 1 contract
Samples: Facilities Agreement (Abb LTD)
Winding up of trust. If the Security Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Transaction Security Trustee Documents have been fully and finally discharged and (b) 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 Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security Trustee and the rights of the Security Trustee under each of the Transaction Security Trustee Documents.
Appears in 1 contract
Winding up of trust. If the Security Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Transaction Security Documents have been fully and finally discharged and (b) none of the Secured Finance Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee under each of the Transaction Security Documents.
Appears in 1 contract
Samples: Agreement (Cascal N.V.)
Winding up of trust. If the Security Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Transaction Security Documents have been fully and finally discharged and (b) none of the Secured Finance Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee under each of the Transaction Security Documents.. 127
Appears in 1 contract
Samples: Facilities Agreement (Genesco Inc)
Winding up of trust. If the Security Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Transaction Security Documents have been fully and finally discharged and (b) none 124 of the Secured Finance Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee under each of the Transaction Security Documents.
Appears in 1 contract
Samples: Facilities Agreement (Genesco Inc)
Winding up of trust. If the Security Trustee, with the approval of the Majority Lenders, determines that (a) all of the Secured Obligations and all other obligations secured by any of the Transaction Security Trustee Documents have been fully and finally discharged and (b) 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 Obligor pursuant to the Finance Documents, the trusts set out in this Agreement shall be wound - 107 - up and the Security Trustee shall release, without recourse or warranty, all of the Transaction Security Trustee and the rights of the Security Trustee under each of the Transaction Security Trustee Documents.
Appears in 1 contract