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 reasonably considers that appointment to be in the best interests of the Secured Parties which cannot be sufficiently achieved by the Security Agent acting on its own; (ii) for the purposes of conforming to any legal requirement, restriction or condition; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall in advance consult such appointment with the Borrower and the Senior Creditors (for the avoidance of doubt, no consent of the Borrower and the Senior Creditors is required). (b) Any person so appointed shall have the rights, powers, authorities and discretions (not exceeding those given to the Security Agent under or in connection with the Debt Documents) and the duties, obligations and responsibilities that are 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.

Appears in 1 contract

Sources: Intercreditor Agreement

Additional Security Agents. (a) The Security Agent may at any time (to the extent legally permitted) appoint (and subsequently remove) any person to act as a separate trustee or as a co-agent or co- trustee jointly with it: (i) if it reasonably considers in its discretion that appointment to be in the best interests of the Secured Parties which cannot be sufficiently achieved by the Security Agent acting on its ownappropriate; (ii) for the purposes of conforming to any legal requirement, restriction or conditioncondition which the Security Agent deems to be relevant; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall in advance consult such appointment with give prior notice to the Borrower Company and the Senior External Creditors (for the avoidance of doubt, no consent of the Borrower and the Senior Creditors is required)that appointment. (b) Any person so appointed shall have the rights, powers, authorities and discretions (not exceeding those given to the Security Agent under or in connection with the Debt Documents) and the duties, obligations and responsibilities that are 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, and provided reasonably incurred, be treated as costs and expenses incurred by the Security Agent.

Appears in 1 contract

Sources: Intercreditor Agreement

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, (ii) if it considers that appointment to be in the interests of the Secured Parties which cannot be sufficiently achieved by for purposes of the Security Agent acting on its own; execution, performance or enforcement of any Debt Document, (iiiii) for the purposes of conforming to any legal requirementrequirements, restriction restrictions or condition; 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 in advance consult such appointment with give prior notice to the Borrower Parent and the Senior Creditors (for the avoidance Facility Agent of doubt, no consent of the Borrower and the Senior Creditors is required).that appointment. 169836-4-16896-v10.0 - 61 - 66-40580427 (b) Any person so appointed shall have the rights, powers, authorities powers and discretions (not exceeding those given to conferred on the Security Agent under or in connection with the Debt Documentsby this Agreement) and the duties, duties and obligations and responsibilities that are given 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.

Appears in 1 contract

Sources: Intercreditor Agreement (Cemex Sab De Cv)

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 reasonably considers (acting reasonably) that appointment to be in the best interests of the Secured Parties which cannot be sufficiently achieved by the Security Agent acting on its ownFinance Parties; (ii) for the purposes of conforming to any legal requirement, restriction or conditioncondition which the Security Agent, acting reasonably, deems to be relevant; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Agent shall in advance consult such appointment with give prior notice to the Borrower and the Senior Creditors (for the avoidance Lenders of doubt, no consent of the Borrower and the Senior Creditors is required)that appointment. (b) Any person so appointed shall have the rights, powers, authorities and discretions (not exceeding those given to the relevant Security Agent under or in connection with the Debt Finance Documents) and the duties, obligations and responsibilities that are given or imposed by the instrument of appointment. (c) The remuneration that the Security Agent may pay to that person, and any reasonable 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.

Appears in 1 contract

Sources: Facility Agreement (Atlas Investissement)

Additional Security Agents. (a) The Security Agent may at any time appoint (and subsequently remove) any person to act as a separate trustee Agent or as a co-trustee Agent jointly with it: it (i) if it reasonably considers that appointment to be in the best interests of the Secured Finance Parties which cannot be sufficiently achieved by the Security Agent acting on its own; or (ii) for the purposes of conforming to any legal requirementrequirements, restriction restrictions or condition; 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 in advance consult such appointment with give prior notice to the Borrower and the Senior Creditors (for the avoidance Administrative Agent of doubt, no consent of the Borrower and the Senior Creditors is required)that appointment. (b) Any person so appointed shall have the rights, powers, authorities powers and discretions (not exceeding those given to conferred on the Security Agent under or in connection with the Debt Documentsby this Agreement) and the duties, duties and obligations and responsibilities that are given conferred or imposed by the instrument of appointment. (c) The reasonable remuneration that the Security Agent may pay to that person, and any reasonable, documented out-of-pocket 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.

Appears in 1 contract

Sources: Senior Facility Agreement (Spansion Inc.)