Taiwan Collateral Agent definition
Examples of Taiwan Collateral Agent in a sentence
No failure on the part of the Taiwan Collateral Agent or any other Secured Party to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.
The Issuers and the Trustee (for itself and as trustee on behalf of the Holders) hereby agree that the Trustee and each of the Holders (including the Taiwan Collateral Agent) shall be a creditor jointly and severally with each other with respect to the rights and claims against the Issuers hereunder and under any of the other Note Documents pursuant to Article 283 of the Republic of China Civil Code.
The parties acknowledge that the Global Collateral Agent is the creditor of the Parallel Debts and shall act in its own name and not as agent of any of the Lenders, the Sole Lead Arranger, the Sole Bookrunner, the Administrative Agent or the Global Collateral Agent or the Taiwan Collateral Agent (each a “Parallel Debt Secured Party”) (but always for the benefit of the Parallel Debt Secured Parties in accordance with the provisions of the Credit Documents).
The parties acknowledge that the Global Collateral Agent is the creditor of the Parallel Debts and shall act in its own name and not as agent of any of the Trustee, the Paying Agent, the Registrar and Transfer Agent, the Global Collateral Agent, the Taiwan Collateral Agent and/or the Holders (each a “Secured Party”) (but always for the benefit of the Secured Parties in accordance with the provisions of the Secured Agreements).
The Taiwan Collateral Agent shall hold, and be entitled to enforce, the Collateral located in or related to the Republic of China as a joint and several creditor; provided that nothing in Section 12.09 above or this Section 12.10 shall release the Taiwan Collateral Agent, the Trustee or any Holder from its obligations as to actions requiring authorization of the Required Secured Parties under Section 4 of the Collateral Agency Agreement.
The Issuers issued the Notes under the Indenture dated as of October 12, 2006 (the “Indenture “), among the Issuers, the Guarantors party thereto, Deutsche Bank Trust Company Americas, as Trustee (the “Trustee”), ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Senior Funding, Inc., as Global Collateral Agent, and Mizuho Corporate Bank, Ltd., as Taiwan Collateral Agent.
The powers conferred on the Taiwan Collateral Agent hereunder are solely to protect the Secured Parties’ interest in the Pledged Accounts and shall not impose any duty upon it to exercise any such powers.
If the Pledgor fails to perform any agreement contained herein, the Taiwan Collateral Agent may, as the Taiwan Collateral Agent deems necessary to protect any security interest created hereunder in any of the Pledged Accounts or to protect the value thereof, but without any obligation to do so and without notice, itself perform, or cause performance of, such agreement, and the expenses of the Taiwan Collateral Agent incurred in connection therewith shall be payable by the Pledgor.
The Taiwan Collateral Agent shall be deemed to have exercised reasonable care in the custody and preservation of any of the Patent Collateral in its possession if it takes such action for that purpose as the Grantor reasonably requests in writing at times other than upon the occurrence and during the continuance of any Event of Default, but failure of the Taiwan Collateral Agent to comply with any such request at any time shall not in itself be deemed a failure to exercise reasonable care.
If an Event of Default has occurred and is continuing, the Taiwan Collateral Agent may foreclose all or any part of the Trademark Collateral and apply the proceeds of any such foreclosure in accordance with Section 8.03 of the Credit Agreement.