Examples of Tranche B Trustee in a sentence
The terms of this Agreement may be waived, altered or amended only by an instrument in writing duly executed by the Company (but only if its rights or obligations are affected by such waiver, alteration or amendment), the Collateral Agent, the Bank Agent, the Tranche A Trustee and the Tranche B Trustee.
The provisions of Sections 7.01, 7.02 and 7.07 of the respective Indentures shall be equally applicable to the rights and obligations hereunder of the Collateral Agent (if the Collateral Agent is a Trustee) and the Tranche A Trustee and the Tranche B Trustee, to the same extent as if all such provisions were set forth in this Agreement.
Except as expressly set forth herein, nothing in this Agreement shall be deemed to alter, impair or limit the obligations of the Company, or the rights of the Bank Agent or the Banks, the rights of the Tranche A Trustee and the Tranche A Holders or the rights of the Tranche B Trustee and the Tranche B Holders, as the case may be, under the Bank Credit Facility or the respective Indentures.
This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the Company, the Collateral Agent, the Bank Agent, the Banks, the Tranche A Trustee, the Tranche B Trustee and the Holders (provided, however, that the Company shall not assign or transfer its rights or obligations hereunder, except pursuant to a transaction permitted under Article V of the Indentures, without the prior written consent of the Bank Agent and each of the Trustees).
No effective financing statement or other instrument similar in effect covering all or any part of the Pledged Equity Interests and made or consented to by the Company, or of which the Company otherwise has knowledge, is on file in any recording office, except such as may have been filed in favor of the Trustee, the Tranche B Trustee, any lender or agent under a New Credit Facility or the Collateral Agent.
All such provisions contained herein may be enforced directly by the Bank Agent against the Tranche A Trustee, the Tranche B Trustee and the Company.
The initial Collateral Agent has been authorized and directed to enter into this Agreement and to act as such by the Holders as provided in the Indentures, and each of the Tranche A Trustee and the Tranche B Trustee has been authorized and directed to enter into this Agreement and to act as the Junior Secured Creditor as provided herein by the Tranche A Holders or the Tranche B Holders, as the case may be, as provided in the Tranche A Indenture and the Tranche B Indenture, respectively.
From and after the Bank Credit Facility Payment Date (or from the date hereof until the effectiveness of a Bank Credit Facility), the Collateral Agent shall follow the directions of the Tranche A Trustee and the Tranche B Trustee with respect to the enforcement by the Trustees of rights and remedies with respect to the Collateral, subject to the provisions of the Indentures referred to in the third sentence of Section 6.12 hereof.
Concurrently with the execution and delivery of this Agreement, the Company is entering into a Pledge Agreement with the Tranche B Trustee pursuant to which the Company agrees to pledge and grant a security interest in the Collateral as security for the Secured Obligations (as such term is defined in the Tranche B Pledge Agreement, as defined below) (such Pledge Agreement, as the same may be amended, supplemented or otherwise modified and in effect from time to time, the "Tranche B Pledge Agreement").
Pursuant to an Indenture dated as of ____________, 2004(as the same may be amended, supplemented or otherwise modified and in effect from time to time, the "Tranche B Indenture") between the Company and Wilmington Trust Company, as trustee (the "Tranche B Trustee"), the Company has authorized the issuance of up to $500,000,000 principal amount of its Secured Tranche B Term Notes due 2011 (the "Tranche B Notes").