Notes Collateral Trustee definition
Examples of Notes Collateral Trustee in a sentence
The rights, protections and indemnities provided to the Initial Notes Trustee and Notes Collateral Trustee under the Indenture, Intercreditor Agreement and Security Documents shall apply to any action or inaction of the Initial Notes Trustee and Notes Collateral Trustee hereunder or in connection herewith.
The Notes Collateral Trustee, for itself or on behalf of any such Notes Pari Passu Lien Claimholders, promptly shall execute and deliver to the North America ABL Agent such termination statements, releases and other documents as the North America ABL Agent may request to effectively confirm the foregoing releases.
The North America ABL Agent, for itself and on behalf of the other North America ABL Claimholders, agrees that, so long as the Discharge of Notes Pari Passu Lien Obligations has not occurred, no North America ABL Claimholder shall, without the prior written consent of the Notes Collateral Trustee, credit bid under Section 363(k) of the Bankruptcy Code or any similar Bankruptcy Law with respect to the Notes Priority Collateral.
In no event shall the North America ABL Agent or the other North America ABL Claimholders have any liability to the Notes Collateral Trustee and/or the other Notes Pari Passu Lien Claimholders hereunder as a result of any condition (including any environmental condition, claim or liability) on or with respect to the Notes Priority Collateral existing prior to the date of the exercise by the North America ABL Agent of its rights under this Agreement.
Until the Discharge of Notes Pari Passu Lien Obligations has occurred, if the North America ABL Agent or any other North America ABL Claimholders shall, at any time, receive any proceeds of any such insurance policy or any such award or payment in contravention of this Agreement, it shall segregate and hold in trust and forthwith pay such proceeds over to the Notes Collateral Trustee in accordance with the terms of Section 4.2.
The Issuer issued the Notes under an Indenture dated as of January 8, 2015, as amended or supplemented to date, and as further supplemented by the Third Supplemental Indenture (the “Third Supplemental Indenture”) dated as of the date hereof (the “Indenture”), among the Issuer, Intermediate Holdings, and Wilmington Trust, National Association (the “Initial Notes Trustee” and, together with the Roll-Up Notes Agent, each a “Trustee”), as Trustee and Notes Collateral Trustee.
Until the Discharge of North America ABL Obligations has occurred, if the Notes Collateral Trustee or any other Notes Pari Passu Lien Claimholders shall, at any time, receive any proceeds of any such insurance policy or any such award or payment in contravention of this Agreement, it shall segregate and hold in trust and forthwith pay such proceeds over to the North America ABL Agent in accordance with the terms of Section 4.2.
Upon delivery of such notice by the North America ABL Agent to the Notes Collateral Trustee, the parties shall confer in good faith to coordinate with respect to the North America ABL Agent’s exercise of such access rights.
Each of the North America ABL Agent and the Notes Collateral Trustee, on behalf of itself and the other North America ABL Claimholders and the Notes Pari Passu Lien Claimholders, respectively, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement.
The North America ABL Agent and the Notes Collateral Trustee shall cooperate and use reasonable efforts to ensure that their activities during any Access Period as described above do not unduly interfere with the activities of the other as described above, including the right of the Notes Collateral Trustee to show the Notes Priority Collateral to prospective purchasers and to ready the Notes Priority Collateral for sale.