Common use of Winding up of trust Clause in Contracts

Winding up of trust. If the Security Trustee, with the approval of each of the Representatives and each Hedge Counterparty, determines that (a) all of the Secured Obligations and all other obligations secured by 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 Debtor pursuant to the Debt Documents: (a) 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; and (b) any Retiring Security Trustee shall release, without recourse or warranty, all of its rights under each of the Security Documents.

Appears in 2 contracts

Samples: Intercreditor Agreement (InterXion Holding N.V.), Intercreditor Agreement (InterXion Holding N.V.)

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Winding up of trust. If the Security Trustee, with the approval of each of the Representatives and each Hedge CounterpartyMajority Lenders, determines that that: (a) all of the Secured Obligations secured liabilities and all other obligations secured by the 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 Obligor pursuant to the Debt Finance Documents, then: (ai) 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 relevant Security Interests and the rights of the Security Trustee under each of the Security Documents; and (bii) any Retiring Security Trustee which has resigned pursuant to Clause 25.13 (Resignation of an Agent) shall release, without recourse or warranty, all of its rights under each of the Security Documents.

Appears in 1 contract

Samples: Facility Agreement (TTM Technologies Inc)

Winding up of trust. If the Security TrusteeAgent, with the approval of each of the Representatives Agents and each Hedge Hedging Counterparty, determines that (a) all of the Secured Obligations and all other obligations secured by 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 Debtor Obligor pursuant to the Debt Finance Documents: (aA) the trusts set out in this Agreement shall be wound up and the Security Trustee Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee Agent under each of the Security Documents; and (bB) any Retiring Security Trustee Agent shall release, without recourse or warranty, all of its rights under each of the Security Documents.

Appears in 1 contract

Samples: Intercreditor Agreement (Kosmos Energy Ltd.)

Winding up of trust. If the Security Trustee, with Trustee (acting on the approval of each instructions of the Representatives and each Hedge Counterparty, Majority Lenders) determines that that: (a) all of the Secured Obligations obligations of the Obligors under the Credit Agreement and all other obligations secured by the Security Documents have been fully and finally discharged and discharged; and (b) none of the Secured Parties no Finance 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 Loan Documents:, then (ai) 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 Collateral and the rights of the Security Trustee under each of the Security Documents; and (bii) any Retiring Security Trustee which has resigned pursuant to Section 16.13 (Resignation of the Security Trustee) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (SEACOR Marine Holdings Inc.)

Winding up of trust. If the Security Trustee, with the approval of each of the Representatives Agents and each Hedge Hedging Counterparty, determines that (a) all of the Secured Obligations and all other obligations secured by 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 Debtor Obligor pursuant to the Debt Finance Documents: (a) 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; and (b) any Retiring Security Trustee shall release, without recourse or warranty, all of its rights under each of the Security Documents.

Appears in 1 contract

Samples: Intercreditor Agreement (Kosmos Energy Ltd.)

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Winding up of trust. If the Security Trustee, with the approval of each of the Representatives and each Hedge CounterpartyMajority 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 Debtor Obligor pursuant to the Debt Finance Documents: (a) , 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; and (b) , and any Retiring Security Trustee which has resigned pursuant to Clause 28.25 (Resignation of Security Trustee) shall release, without recourse or warranty, all of its rights under each of the Security DocumentsDocument.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

Winding up of trust. If the Security TrusteeAgent, with the approval of each of the Representatives Creditor Representative and each Hedge Counterparty, determines that that: (a) all of the Secured Obligations and all other obligations secured by the 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 the Security Trustee Agent shall release, without recourse or warranty, all of the Transaction Security and the rights of the Security Trustee Agent under each of the Security Documents; and (bii) any Retiring Security Trustee Agent which has resigned pursuant to Clause 20.14 (Resignation of the Security Agent) shall release, without recourse recourse, representation, warranty or warrantyliability, all of its rights under each of the Security DocumentsDocument.

Appears in 1 contract

Samples: Intercreditor Agreement (Ferroglobe PLC)

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