Common use of Additional Security Trustees Clause in Contracts

Additional Security Trustees. (a) The Security Trustee may at any time appoint (and subsequently remove) any person to act as a separate security trustee or as a co-security trustee jointly with it (i) if it considers that appointment to be in the interests of the Finance Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Trustee deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Trustee shall give prior notice to the Company and the Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Trustee by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Trustee may pay to any person, and any costs and expenses 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 Trustee.

Appears in 2 contracts

Sources: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD), £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)

Additional Security Trustees. (a) The Security Trustee Agent may at any time appoint (and subsequently remove) any person to act as a separate security trustee or as a co-security trustee jointly with it (i) if it considers that appointment to be in the interests of the Finance Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Trustee Agent deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Trustee Agent shall give prior notice to the Company Borrower and the Facility Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Trustee Agent by this AgreementAgreement and the other Finance Documents) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Trustee Agent may pay to any person, and any costs and expenses 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 TrusteeAgent.

Appears in 2 contracts

Sources: Facility Agreement (Golden Meditech Holdings LTD), Facility Agreement (China Mengniu Dairy Co LTD)

Additional Security Trustees. (a) The Security Trustee may at any time appoint (and subsequently remove) any person to act as a separate security trustee or as a co-security trustee jointly with it (i) if it considers that appointment to be in the interests of the Finance Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Trustee deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Trustee shall give prior notice to the Company Obligors and the Agent Secured Parties of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Trustee by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Trustee may pay to any that person, and any costs and expenses 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 Trustee.

Appears in 2 contracts

Sources: Intercreditor Deed (Fx Energy Inc), Intercreditor Deed (Fx Energy Inc)

Additional Security Trustees. (a) The Security Trustee may at any time appoint (and subsequently remove) any person to act as a separate security trustee or as a co-security trustee jointly with it it: (i) if it considers that appointment to be in the interests of the Finance Parties or Parties; or (ii) for the purposes of conforming to any legal requirementsrequirement, restrictions restriction or conditions condition which the Security Trustee deems to be relevant or relevant; or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Trustee shall give prior notice to the Company Borrower and the Agent 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 Trustee by this Agreementunder or in connection with the Loan 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 Trustee may pay to any 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 Trustee.

Appears in 2 contracts

Sources: Credit Agreement (SEACOR Marine Holdings Inc.), Credit Agreement (SEACOR Marine Holdings Inc.)

Additional Security Trustees. (a) The Security Trustee may at any time appoint (and subsequently remove) any person to act as a separate security trustee or as a co-security trustee jointly with it (i) if it considers that appointment to be in the interests of the Finance Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Trustee deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Trustee shall give prior notice to the Company and each of the Agent Representatives of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Trustee by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Trustee may pay to any 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 Trustee.

Appears in 1 contract

Sources: Intercreditor Agreement (InterXion Holding N.V.)

Additional Security Trustees. (a) The Security Trustee may at any time appoint (and subsequently remove) any person to act as a separate security trustee or as a co-security trustee jointly with it (i) if it considers that appointment to be in the interests of the Finance Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Trustee deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Trustee shall give prior notice to the Company Obligors’ Agent and the Facility Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Trustee by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Trustee may pay to any person, and any costs and expenses 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 Trustee.

Appears in 1 contract

Sources: Facility Agreement (Yell Finance Bv)

Additional Security Trustees. (a) The Security Trustee may at any time appoint (and subsequently remove) any person to act as a separate security trustee or as a co-security trustee jointly with it (ia) if it considers that appointment to be in the interests of the Finance Parties or (iib) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Trustee deems to be relevant or (iiic) for obtaining or enforcing any judgment in any jurisdiction, and the Security Trustee shall give prior notice to the Company Borrower and the Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Trustee by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Trustee may pay to any person, and any costs and expenses 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 Trustee.

Appears in 1 contract

Sources: Facility Agreement (Cascal N.V.)

Additional Security Trustees. (a) The Security Trustee may at any time appoint (and subsequently remove) any person to act as a separate security trustee or as a co-security trustee jointly with it (i) if it considers that appointment to be in the interests of the Finance Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the Security Trustee deems to be relevant or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the Security Trustee shall give prior notice to the Company and the Agent of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Trustee by this Agreement) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Trustee may pay to any person, and any costs and expenses 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 Trustee.

Appears in 1 contract

Sources: Secured Facilities Agreement (Solutia Inc)

Additional Security Trustees. (a) The Security Trustee may at any time appoint (and subsequently remove) ), to the extent legally permitted, any person to act as a separate security trustee or agent or as a co-security trustee or co-agent jointly with it if (i) if it in good faith considers that appointment to be in the interests of the Finance Secured Parties or (ii) for the purposes of conforming to any legal requirements, restrictions or conditions which the that Security Trustee deems to be relevant (acting reasonably) or (iii) for obtaining or enforcing any judgment in any jurisdiction, and the that Security Trustee shall give prior notice to the Company and each of the Agent Bondholders of that appointment. (b) Any person so appointed shall have the rights, powers and discretions (not exceeding those conferred on the Security Trustee by this AgreementDeed) and the duties and obligations that are conferred or imposed by the instrument of appointment. (c) The remuneration that the Security Trustee may pay to any 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 AgreementDeed, be treated as costs and expenses reasonably incurred by the Security Trustee.

Appears in 1 contract

Sources: Intercreditor Deed