Common use of Winding up of trust Clause in Contracts

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then (i) 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 (ii) any 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 Security Document.

Appears in 2 contracts

Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)

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Winding up of trust. If the Security Agent, with the written approval of the Facility Agent (acting on Bond Trustee, the instructions of OeKB Agent, the Majority Lenders) RCF Agent, each Hedge Counterparty and each Pari Passu Agent, determines (acting on the instructions of the Majority Lenders) that: that (a) all of the Secured Liabilities Obligations and all other obligations secured by the Security Documents have been fully and finally discharged; and discharged and (b) no none of the Secured Party Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor Debtor pursuant to the Finance Debt Documents, then: (ia) 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 (iib) 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 DocumentDocuments.

Appears in 2 contracts

Samples: Intercreditor Agreement (Sappi LTD), Intercreditor Agreement (Sappi LTD)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 31.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 2 contracts

Samples: Facility Agreement (Global Ship Lease, Inc.), Facility Agreement (Navios Maritime Partners L.P.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 30.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 2 contracts

Samples: Term Loan Facility (Global Ship Lease, Inc.), Term Loan Facility (Global Ship Lease, Inc.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 30.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 2 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 β€Ž30.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 2 contracts

Samples: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions each of the Majority Lenders) Agents, each Hedge Counterparty and each Operating Facility Lender, determines that (acting on the instructions of the Majority Lenders) that: (ai) all of the Secured Liabilities Obligations and all other obligations secured by the Security Documents have been fully and finally discharged; and discharged and (bii) no none of the Secured Party Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor Debtor or Third Party Security Provider pursuant to the Finance Debt Documents, then: (ia) 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 (iib) 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 Document.Documents. A44420063

Appears in 2 contracts

Samples: Intercreditor Agreement (Paysafe LTD), Intercreditor Agreement (Paysafe LTD)

Winding up of trust. If the Security Agent, with the written approval of the Facility Agent (acting on the instructions of the Majority Lenders) each Creditor Representative and each Hedge Counterparty, determines (acting on the instructions of the Majority Lenders) that: that (a) all of the Secured Liabilities Obligations and all other obligations secured by the Senior Security Documents have been fully and finally discharged; and discharged and (b) no none of the Secured Party Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor Debtor pursuant to the Finance Debt Documents, then: (ia) the trusts set out in this Agreement shall be wound up and terminated 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 Senior Security Documents; and (iib) 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 Senior Security DocumentDocuments.

Appears in 2 contracts

Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Creditor Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 31.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 1 contract

Samples: Term Loan Facility (Grindrod Shipping Holdings Ltd.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) each Creditor Representative, each Surety Bond Provider and each Hedge Counterparty, determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities Obligations and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor Debtor pursuant to the Finance Debt Documents, then: (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 20.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 1 contract

Samples: Intercreditor Agreement

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) Agent, determines (acting on the instructions of the Majority Lenders) that: that (a) all of the Secured Liabilities Obligations (as defined in the Transaction Security Documents) and all other obligations secured by the Transaction Security Documents have been fully and finally discharged; and discharged and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, Documents then: (i) 25.20.1 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 (ii) 25.20.2 any Security Agent which has resigned pursuant to Clause 32.13 26.1 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Transaction Security DocumentDocuments.

Appears in 1 contract

Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)

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Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions each of the Majority Lenders) Agents, each Hedge Counterparty and each Operating Facility Lender, determines (acting on the instructions of the Majority Lenders) that: that (a) all of the Secured Liabilities Obligations and all other obligations secured by the Security Documents have been fully and finally discharged; and discharged and (b) no none of the Secured Party Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor Debtor pursuant to the Finance Debt Documents, then: (ia) 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 (iib) 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 DocumentDocuments.

Appears in 1 contract

Samples: Commitment Letter

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) Agent, determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities Obligations and all other obligations secured by the Transaction Security Documents have been fully and finally discharged; and and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then: (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 24.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Transaction Security Document.

Appears in 1 contract

Samples: Backstop Facility Agreement

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 33.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 1 contract

Samples: Term Loan Facility (Okeanis Eco Tankers Corp.)

Winding up of trust. If the Security Agent, with the approval of the each Facility Agent (acting on the instructions of the Majority Lenders) and each Hedge Counterparty, determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities Obligations and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor Debtor pursuant to the Finance Debt Documents, then: (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 27.12 (Resignation of the Agent and the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 1 contract

Samples: Second Lien Facility Agreement (Globalstar, Inc.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) determines (acting on the instructions of the Majority Lenders) that: (a) all of the Secured Liabilities and all other obligations secured by the Security Documents have been fully and finally discharged; and (b) no Secured Party is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then (i) 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 (ii) any Security Agent which has resigned pursuant to Clause 32.13 29.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each Security Document.

Appears in 1 contract

Samples: Term Loan Facility (Pyxis Tankers Inc.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions of the Majority Lenders) and each Hedge Counterparty, determines (acting on the instructions of the Majority Lenders) that: (ai) all of the Secured Liabilities Obligations and all other obligations secured by the Transaction Security Documents have been fully and finally discharged; and and (bii) no none of the Secured Party Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor pursuant to the Finance Documents, then: (ia) the trusts set out in this Agreement shall be wound up and the Security Agent and Secondary Security Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Agent and Secondary Security Agent under each of the Security Documents; and (iib) 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 DocumentDocuments.

Appears in 1 contract

Samples: Facilities Agreement (StarTek, Inc.)

Winding up of trust. If the Security Agent, with the approval of the Facility Agent (acting on the instructions each of the Majority Lenders) Agents, each Hedge Counterparty and each Operating Facility Lender, determines that (acting on the instructions of the Majority Lenders) that: (ai) all of the Secured Liabilities Obligations and all other obligations secured by the Security Documents have been fully and finally discharged; and discharged and (bii) no none of the Secured Party Parties is under any commitment, obligation or liability (actual or contingent) to make advances or provide other financial accommodation to any Transaction Obligor Debtor pursuant to the Finance Debt Documents, then: (ia) 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 (iib) 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 DocumentDocuments.

Appears in 1 contract

Samples: Intercreditor Agreement (Paysafe LTD)

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