Examples of First Lien Collateral Trustee in a sentence
The First Lien Collateral Trustee shall not have any duties or obligations under or pursuant to this Agreement other than such duties as may be expressly set forth in this Agreement as duties on its part to be performed or observed.
In entering into this Agreement, or in taking (or forbearing from) any action under or pursuant to this Agreement, the First Lien Collateral Trustee shall have and be protected by all of the rights, immunities, indemnities and other protections granted to it under the First Lien Documents.
The First Lien Collateral Trustee is executing and delivering this Agreement solely in its capacity as such and pursuant to direction set forth in the applicable First Lien Documents; and in so doing, the First Lien Collateral Trustee shall not be responsible for the terms or sufficiency of this Agreement for any purpose.
As agreed to in writing among the Grantors, the ABL Collateral Agent, the First Lien Collateral Trustee and the Subordinated Lien Collateral Trustee from time to time, notices and other communications may also be delivered by e-mail to the e-mail address of a representative of the applicable person provided from time to time by such person.
The parties hereto agree that the requirements of this Agreement to give control of any Note Priority Collateral to the Collateral Agent shall be deemed satisfied so long as such control is in place with the First Lien Collateral Trustee acting for the benefit of the Secured Parties pursuant to the terms of the Intercreditor Agreement.
The Company and the other Grantors shall take such further action as is required to effectuate the transfer contemplated hereby and shall indemnify the First Lien Collateral Trustee for loss or damage suffered by the First Lien Collateral Trustee as a result of such transfer, except for loss or damage suffered by any such Person primarily as a result of its own willful misconduct or gross negligence, as determined by a court of competent jurisdiction in a final, non-appealable judgment.
If such right is exercised, the First Lien Secured Parties and the Second Lien Secured Parties shall endeavor to close promptly thereafter but in any event within ten (10) Business Days of the request; provided that the foregoing shall not impose upon the First Lien Collateral Trustee any obligations to the extent it has not received directions to its satisfaction as provided under the Collateral Trust Agreement.
The First Lien Collateral Trustee may rely on a certificate of the Company stating that such amendment, restatement, supplement or other modification does not contravene any Secured Debt Document.
The First Lien Collateral Trustee is hereby authorized to make any such endorsements as agent for each of the Second Lien Secured Parties.
In connection with its appointment and acting hereunder (i) the Existing First Lien Collateral Trustee is entitled to all rights, privileges, protections, immunities, benefits and indemnities provided to it under the 2011 Indenture and (ii) the Existing Second Lien Collateral Trustee is entitled to all rights, privileges, protections, immunities, benefits and indemnities provided to it under the 2012 Indenture.