Actionable Default Remedies. Administration of Trust Property 15 SECTION 4. Collateral Account; Application of Moneys 20 SECTION 5. Agreements with the Collateral Agent 23 SECTION 6. The Collateral Agent 25 SECTION 7. Conditions to Release of Collateral; Release Procedure 32 SECTION 8. Amendments, Supplements and Waivers 34 SECTION 9. Notices 36 SECTION 10. Headings 37 SECTION 11. Severability 37 SECTION 12. Treatment of Payee or Indorsee by Collateral Agent 37 SECTION 13. Dealings with the Grantors 37 SECTION 14. Binding Effect; Successors and Assigns 38 SECTION 15. Applicable Law 38 SECTION 16. Jurisdiction; Consent to Service of Process 38 SECTION 17. WAIVER OF JURY TRIAL 38 SECTION 18. Force Majeure 39 SECTION 19. Consequential Damages 39 SECTION 20. Termination 39 SECTION 21. Counterparts 39 SECTION 22. Incorporation by Reference 39 SECTION 23. ABL Intercreditor Agreement 40 SECTION 24. USA PATRIOT Act 40 SECTION 25. Concerning The Senior Indenture Trustee 40 EXHIBIT A- Form of Supplement to Collateral Agency Agreement EXHIBIT B- Form of Collateral Agency Joinder This COLLATERAL AGENCY AGREEMENT, dated as of [ ], 2012, by and among MOLYCORP, INC., a Delaware corporation (the “Company”), the subsidiaries of the Company listed on the signature pages hereof and the Additional Grantors described herein (the Company, the subsidiaries so listed and the Additional Grantors being, collectively, the “Grantors”), XXXXX FARGO BANK, NATIONAL ASSOCIATION, as trustee under the Senior Secured Note Indenture described herein (in such capacity, together with its successors and assigns from time to time, the “Senior Indenture Trustee”), XXXXX FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (in such capacity, together with its successors and assigns from time to time, the “Collateral Agent”) for the Secured Parties, and each Additional Authorized Representative party hereto from time to time. Capitalized terms not otherwise defined shall have the meanings set forth in Section 1 below.
Actionable Default Remedies
