Examples of Notes Security Agent in a sentence
The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Issuer, the Guarantors, the Trustee and the Notes Security Agent, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.
For the avoidance of doubt, the rights, privileges, protections, immunities and benefits given to the Trustee in this Section 7.07, including its right to be indemnified, are extended to, and shall be enforceable by the Trustee in each of its capacities hereunder, under the Intercreditor Agreement and any Additional Intercreditor Agreement and by each agent (including the Agents) and the Notes Security Agent, any custodian and any other Person employed with due care to act as agent hereunder.
Any resignation or replacement of the Notes Security Agent shall be made in accordance with the Notes Security Documents.
The rights, remedies and benefits of the Notes Security Agent the Trustee and the Holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article 10 at law, in equity, by statute or otherwise.
This Article 10 shall be binding upon each Guarantor and its successors and assigns and shall inure to the benefit of the successors and assigns of the Trustee, the Notes Security Agent and the Holders and, in the event of any transfer or assignment of rights by any Holder or the Trustee, the rights and privileges conferred upon that party in this Indenture and in the Notes shall automatically extend to and be vested in such transferee or assignee, all subject to the terms and conditions of this Indenture.
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The Trustee and the Notes Security Agent shall sign any amendment authorized pursuant to this Article 9 if the amendment does not impose any personal obligations on the Trustee or the Notes Security Agent or adversely affect the rights, duties, liabilities or immunities of the Trustee and the Notes Security Agent under this Indenture, the Notes Security Documents and the Intercreditor Agreement, as applicable.
JPMorgan Chase Bank, N.A., hereby accepts such appointment as the initial Notes Security Agent hereunder and initial collateral agent under the Notes Security Documents.
No delay or omission of the Trustee, or the Notes Security Agent or of any Holder to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein.
Notwithstanding the foregoing, such indemnified party may, in its sole discretion, assume the defense of the claim against it and the Issuer and each Guarantor, if any, shall, jointly and severally, pay the properly incurred fees and expenses of the indemnified party’s defense (as evidenced in an invoice from the Notes Security Agent).