Designated Collateral Agent definition
Examples of Designated Collateral Agent in a sentence
As between the Senior Secured Parties, the Designated Collateral Agent (acting at the direction of the Designated Senior Representative) shall have the right, but no obligation, to adjust or settle any insurance policy or claim covering or constituting Shared Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding affecting the Shared Collateral.
Without limitation to the foregoing, each Grantor agrees to take, and to cause each other Grantor to take, such further action and to execute and deliver such additional documents and instruments (in recordable form, if requested) as the Designated Collateral Agent may reasonably request to effectuate the terms of and the lien priorities contemplated by the Intercreditor Agreement.
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No Non-Controlling Senior Representative or Non-Controlling Secured Party will contest, protest or object to any foreclosure proceeding or action brought by the Designated Collateral Agent, the Designated Senior Representative or any Controlling Secured Party or any other exercise by the Designated Collateral Agent, the Designated Senior Representative or any Controlling Secured Party of any rights and remedies relating to the Shared Collateral, or to cause the Designated Collateral Agent to do so.
Notwithstanding any other provision of this Agreement, nothing herein shall be construed to impose any fiduciary or other duty on any Designated Collateral Agent to any Non-Controlling Secured Party or give any Non-Controlling Secured Party the right to direct any Designated Collateral Agent, except that each Designated Collateral Agent shall be obligated to distribute proceeds of any Shared Collateral in accordance with Section 2.01 hereof.
The Designated Senior Representative and Designated Collateral Agent, as applicable, is hereby authorized to make any such endorsements as agent for each of any such Senior Secured Party.
It is understood and agreed that the use of the term “agent” in this Agreement or in any other Loan Document (or any other similar term) with reference to the Administrative Agent, the Lead Collateral Agent, or the Designated Collateral Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law.
Notwithstanding Section 2.01, only the Designated Collateral Agent shall act or refrain from acting with respect to Shared Collateral (including with respect to any other intercreditor agreement with respect to any Shared Collateral); provided that at any time any Other Collateral Agent is the Designated Collateral Agent, such Other Collateral Agent shall have provided prior written notice of any such action to each Senior Representative and Collateral Agent.