Winding up of trust. If the Security Agent, with the written approval of each Creditor Representative and each Hedge Counterparty, determines that (a) all of the Secured Obligations and all other obligations secured by the Senior 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 Debtor pursuant to the Debt Documents: (a) 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 (b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Senior Security Documents.
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 written approval of the Bond Trustee, the OeKB Agent, the RCF Agent, each Creditor Representative Hedge Counterparty and each Hedge CounterpartyPari Passu Agent, determines that (a) all of the Secured Obligations and all other obligations secured by the Senior 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 Debtor pursuant to the Debt Documents:
(a) 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
(b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Senior Security Documents.
Appears in 2 contracts
Samples: Intercreditor Agreement (Sappi LTD), Intercreditor Agreement (Sappi LTD)
Winding up of trust. If the Security Agent, with the written approval of each Creditor Representative of the Agents, each Hedge Counterparty and each Hedge CounterpartyOperating Facility Lender, determines that (ai) all of the Secured Obligations and all other obligations secured by the Senior Security Documents have been fully and finally discharged and (bii) 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 or Third Party Security Provider pursuant to the Debt Documents:
(a) 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
(b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Senior Security 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 each Creditor Representative the Agent and each Hedge Counterparty, determines that that:
(ai) all of the Secured Obligations and all other obligations secured by the Senior Transaction Security Documents have been fully and finally discharged discharged; and (bii) 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 terminated the Security Agent and the 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 Senior Security Documents; and
(b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Senior Security Documents.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Winding up of trust. If the Security Agent, with the written approval of each Creditor Representative and each Hedge Counterpartythe Agent, determines that (a) all of the Secured Obligations (as defined in the Transaction Security Documents) and all other obligations secured by the Senior Transaction Security Documents have been fully and finally discharged and (b) 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 DocumentsFinance Documents then:
(a) 25.20.1 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 Transaction Security Documents; and
(b) 25.20.2 any Retiring Security Agent which has resigned pursuant to Clause 26.1 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Senior Transaction Security Documents.
Appears in 1 contract
Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
Winding up of trust. If the Security Agent, with the written approval of each Creditor Representative Representative, each Surety Bond Provider and each Hedge Counterparty, determines that that:
(a) all of the Secured Obligations and all other obligations secured by the Senior Security Documents have been fully and finally discharged and discharged; and
(b) 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 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
(bii) any Retiring Security Agent which has resigned pursuant to Clause 20.13 (Resignation of the Security Agent) shall release, without recourse or warranty, all of its rights under each of the Senior Security DocumentsDocument.
Appears in 1 contract
Samples: Intercreditor Agreement
Winding up of trust. If the Security Agent, with the written approval of each Creditor Representative of the Agents, each Hedge Counterparty and each Hedge CounterpartyOperating Facility Lender, determines that (ai) all of the Secured Obligations and all other obligations secured by the Senior Security Documents have been fully and finally discharged and (bii) 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 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
(b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Senior Security Documents.
Appears in 1 contract
Winding up of trust. If the Security Agent, with the written approval of each Creditor Representative of the Agents, each Hedge Counterparty and each Hedge CounterpartyOperating Facility Lender, determines that (a) all of the Secured Obligations and all other obligations secured by the Senior 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 Debtor pursuant to the Debt Documents:
(a) 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
(b) any Retiring Security Agent shall release, without recourse or warranty, all of its rights under each of the Senior Security Documents.
Appears in 1 contract
Samples: Commitment Letter