Common use of Additional Security Agents Clause in Contracts

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it (i) if it considers that appointment to be in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each of the Creditor Representatives and each of the Hedge Counterparties of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable VAT) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Additional Security Agents. (a) The Security Agent and Secondary Security Agent may each at any time appoint (and subsequently remove) any person to act as a separate trustee or separate security agent or as a co-trustee or co-security agent jointly with it (i) if it considers that appointment to be in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent or Secondary Security Agent (as applicable) deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each of Company and the Creditor Representatives and each of the Hedge Counterparties Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent or Secondary Security Agent (as applicable) by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent or Secondary Security Agent (as applicable) may pay to that person, and any costs and expenses (together with any applicable VATIndirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security AgentAgent or Secondary Security Agent (as applicable) for the account of the Company.

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it (i) if it considers that appointment to be in the interests of the Secured Parties or Parties, (ii) if it considers that appointment to be in the interests of the Secured Parties for purposes of the execution, performance or enforcement of any Debt Document, (iii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iiiiv) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each of Parent and the Creditor Representatives and each of the Hedge Counterparties Administrative Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable VAT) reasonably incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Additional Security Agents. Except with respect to the Control Share Pledges: (a) The the Security Agent may may, in consultation with the Issuer, at any time appoint (and subsequently remove) ), to the extent legally permitted, any person to act as a separate trustee or as a co-trustee jointly with it (i) if it in good faith considers that appointment to be in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant (acting reasonably) or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each of the Creditor Representatives Issuer and each of the Hedge Counterparties Agents of that appointment.; (b) Any any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment.; and (c) The the remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable VAT) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses reasonably incurred by the Security Agent.

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it (i) if it considers that appointment to be in the interests of the Secured Parties or Parties, (ii) if it considers that appointment to be in the interests of the Secured Parties for purposes of the execution, performance or enforcement of any Debt Document, (iii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iiiiv) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each of Parent and the Creditor Representatives and each of the Hedge Counterparties Facility Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable VAT) reasonably incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Additional Security Agents. (a) The Security Agent or the Borrower may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it it: (i) if it considers that appointment to be in the interests of the Secured Parties or Parties; (ii) for the purposes of conforming to any legal requirementsrequirement, restrictions restriction or conditions condition which the Security Agent or the Borrower (as the case may be) deems to be relevant or relevant; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent or the Borrower (as the case may be) shall give prior notice to the Senior Secured Notes Issuer, each Borrower or the Security Agent (as applicable in the circumstances of the Creditor Representatives party making such appointment) and each of the Hedge Counterparties Finance Parties of that appointment. (b) Any person so appointed shall have the rights, powers powers, authorities and discretions (not exceeding those conferred on given to the Security Agent by this Agreementunder or in connection with the Finance Documents) and the duties duties, obligations and obligations responsibilities that are conferred given or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable VAT) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent. (d) In no event shall the Security Agent be liable for any actions or omissions of any separate or co-trustee and the Security Agent shall not be responsible for monitoring or supervising any separate or co-trustee.

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it it: (i) if it reasonably considers that appointment to be in the best interests of the Secured Parties or which cannot be sufficiently achieved by the Security Agent acting on its own; (ii) for the purposes of conforming to any legal requirementsrequirement, restrictions restriction or conditions which the Security Agent deems to be relevant or condition; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to in advance consult such appointment with the Borrower and the Senior Secured Notes IssuerCreditors (for the avoidance of doubt, each no consent of the Creditor Representatives Borrower and each of the Hedge Counterparties of that appointmentSenior Creditors is required). (b) Any person so appointed shall have the rights, powers powers, authorities and discretions (not exceeding those conferred on given to the Security Agent by this Agreementunder or in connection with the Debt Documents) and the duties duties, obligations and obligations responsibilities that are conferred given or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable VAT) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Additional Security Agents. (a) The Security Agent and Secondary Security Agent may each at any time appoint (and subsequently remove) any person to act as a separate trustee or separate security agent or as a co-trustee or co-security agent jointly with it (i) if it considers that appointment to be in the interests of the Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent or Secondary Security Agent (as applicable) 0081727-0000042 SN:12155633.21 171 deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each of Company and the Creditor Representatives and each of the Hedge Counterparties Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent or Secondary Security Agent (as applicable) by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent or Secondary Security Agent (as applicable) may pay to that person, and any costs and expenses (together with any applicable VATIndirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security AgentAgent or Secondary Security Agent (as applicable) for the account of the Company.

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee or as a co-trustee jointly with it (i) if it considers that appointment to be in the interests of the Secured Parties or Parties, (ii) if it considers that appointment to be in the interests of the Secured Parties for purposes of the execution, performance or enforcement of any Debt Document, (iii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent deems to be relevant or (iiiiv) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each of Parent and the Creditor Representatives and each of the Hedge Counterparties Facility Agent of that appointment.. 169836-4-16896-v10.0 - 61 - 66-40580427 (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any costs and expenses (together with any applicable VAT) reasonably incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent.

Additional Security Agents. (a) The Security Agent and Secondary Security Agent may each at any time appoint (and subsequently remove) any person to act as a separate trustee or separate security agent or as a co-trustee or co-security agent jointly with it it: (i) if it considers that appointment to be in the interests of the Secured Parties Parties; or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Agent or Secondary Security Agent (as applicable) deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each of Company and the Creditor Representatives and each of the Hedge Counterparties Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent or Secondary Security Agent (as applicable) by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Agent or Secondary Security Agent (as applicable) may pay to that person, and any costs and expenses (together with any applicable VATIndirect Tax) incurred by that person in performing its functions pursuant to that appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security AgentAgent or Secondary Security Agent (as applicable) for the account of the Company.

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person Person to act as a separate trustee or as a co-trustee jointly with it subagent (i) if it considers that such appointment to be in the interests of the Secured Parties Parties; or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which that the Security Agent deems to be relevant relevant; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall give prior notice to the Senior Secured Notes Issuer, each Borrower and the Facility Agent of the Creditor Representatives and each of the Hedge Counterparties of that such appointment. (b) Any person Person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Agent by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The Any remuneration that the Security Agent may pay to that personsuch Person, and any costs and expenses (together with any applicable VAT) incurred by that person such Person in performing its functions pursuant to that such appointment shall, for the purposes of this Agreement, be treated as costs and expenses incurred by the Security Agent; provided that the Borrower shall only be obligated to pay such remuneration, costs or expenses to the extent it does not result in the Borrower paying any amount in excess of amounts it would be required to pay to the Security Agent under the terms of the Credit Documents.