Common use of Co-security Agent Clause in Contracts

Co-security Agent. (a) The Facility Agent may appoint a separate security agent or a co-security agent in any jurisdiction outside the United States of America: (i) if the Facility Agent considers that without the appointment the interests of the Lenders under the Finance Documents might be materially and adversely affected; (ii) for the purpose of complying with any law, regulation or other condition in any jurisdiction; or (iii) for the purpose of obtaining or enforcing a judgment or enforcing any Finance Document in any jurisdiction. (b) Any appointment under this Subclause will only be effective if the security agent or co security agent confirms to the Facility Agent and the Borrower in form and substance satisfactory to the Facility Agent that it is bound by the terms of this Agreement as if it were the Facility Agent. (c) The Facility Agent may remove any security agent or co-security agent appointed by it and may appoint a new security agent or co-security agent in its place. (d) The Borrower must pay to the Facility Agent any reasonable remuneration paid by the Facility Agent to any security agent or co-security agent appointed by it, together with any related costs and expenses properly incurred by the security agent or co-security agent.

Appears in 2 contracts

Sources: Credit Facility Agreement (Seaspan CORP), Credit Facility Agreement (Seaspan CORP)

Co-security Agent. (a) The Facility Agent may appoint a separate security agent or a co-security agent in any jurisdiction outside the United States of AmericaEngland and Wales: (i) if the Facility Agent considers that without the appointment the interests of the Lenders under the Finance Documents might will be materially and adversely affected; (ii) for the purpose of complying with any law, regulation or other condition in any jurisdiction; or (iii) for the purpose of obtaining or enforcing a judgment or enforcing any Finance Document in any jurisdiction. (b) Any appointment under this Subclause will only be effective if the security agent or co co-security agent confirms to the Facility Agent and the Borrower Company in form and substance satisfactory to the Facility Agent that it is bound by the terms of this Agreement as if it were the Facility Agent. (c) The Facility Agent may remove any security agent or co-security agent appointed by it and may appoint a new security agent or co-security agent in its place. (d) The Borrower Company must pay to the Facility Agent any reasonable remuneration paid by the Facility Agent to any security agent or co-security agent appointed by it, together with any related costs and expenses properly incurred by the security agent or co-security agent.

Appears in 2 contracts

Sources: Supplemental Agreement (Enodis PLC), Credit Facilities Agreement (Enodis PLC)

Co-security Agent. (a) The Facility Agent Security Trustee may appoint a separate security agent or a co-security agent in any jurisdiction outside the United States of AmericaKingdom: (i) if the Facility Agent Security Trustee considers that without the appointment the interests of the Lenders under the Finance Documents might be materially and adversely affected; (ii) for the purpose of complying with any law, regulation or other condition in any jurisdiction; or (iii) for the purpose of obtaining or enforcing a judgment or enforcing any Finance Document in any jurisdiction. (b) Any appointment under this Subclause will only be effective if the security agent or co co-security agent confirms to the Security Trustee, Facility Agent and the Borrower in form and substance satisfactory to the Facility Agent Security Trustee that it is bound by the terms of this Agreement as if it were the Facility AgentSecurity Trustee. (c) The Facility Agent Security Trustee may remove any security agent or co-security agent appointed by it and may appoint a new security agent or co-security agent in its place. (d) The Borrower must pay to the Facility Agent Security Trustee any reasonable remuneration paid by the Facility Agent Security Trustee to any security agent or co-security agent appointed by it, together with any related costs and expenses properly incurred by the security agent or co-security agent.

Appears in 2 contracts

Sources: Credit Facility Agreement, Credit Facility Agreement (Seaspan CORP)

Co-security Agent. (a) The Facility Agent may appoint a separate security agent or a co-security agent in any jurisdiction outside the United States of AmericaStates: (i) if the Facility Agent considers that without the appointment the interests of the Lenders under the Finance Documents might be materially and adversely affected; (ii) for the purpose of complying with any law, regulation or other condition in any jurisdiction; or (iii) for the purpose of obtaining or enforcing a judgment or enforcing any Finance Document in any jurisdiction. (b) Any appointment under this Subclause will only be effective if the security agent or co co-security agent confirms to the Facility Agent and the Borrower in form and substance satisfactory to the Facility Agent that it is bound by the terms of this Agreement as if it were the Facility Agent. (c) The Facility Agent may remove any security agent or co-security agent appointed by it and may appoint a new security agent or co-security agent in its place. (d) The Borrower must pay to the Facility Agent any reasonable remuneration paid by the Facility Agent to any security agent or co-security agent appointed by it, together with any related costs and expenses properly incurred by the security agent or co-security agent.

Appears in 2 contracts

Sources: Credit Facility (Seaspan CORP), Reducing Revolving Credit Facility (Seaspan CORP)

Co-security Agent. (a) The Facility Agent may appoint a separate security agent or a co-security agent in any jurisdiction outside the United States of AmericaEngland and Wales: (i) if the Facility Agent considers that without the appointment the interests of the Lenders under the Finance Documents might be materially and adversely affected; (ii) for the purpose of complying with any law, regulation or other condition in any jurisdiction; or (iii) for the purpose of obtaining or enforcing a judgment or enforcing any Finance Document in any jurisdiction. (b) Any appointment under this Subclause will only be effective if the security agent or co co-security agent confirms to the Facility Agent and the Borrower Company in form and substance satisfactory to the Facility Agent that it is bound by the terms of this Agreement as if it were the Facility Agent. (c) The Facility Agent may remove any security agent or co-security agent appointed by it and may appoint a new security agent or co-security agent in its place. (d) The Borrower Company must pay to the Facility Agent any reasonable remuneration paid by the Facility Agent to any security agent or co-security agent appointed by it, together with any related costs and expenses properly incurred by the security agent or co-security agent.

Appears in 1 contract

Sources: Credit Facility Agreement (Royal Ahold)

Co-security Agent. (a) The Facility Agent may appoint a separate security agent or a co-security agent in any jurisdiction outside the United States of America: (i) if the Facility Agent considers that without the appointment the interests of the Lenders under the Finance Documents might be materially and adversely affected; (ii) for the purpose of complying with any law, regulation or other condition in any jurisdiction; or (iii) for the purpose of obtaining or enforcing a judgment or enforcing any Finance Document in any jurisdiction. (b) Any appointment under this Subclause will only be effective if the security agent or co co-security agent confirms to the Facility Agent and the Borrower Borrowers in form and substance satisfactory to the Facility Agent that it is bound by the terms of this Agreement as if it were the Facility Agent. (c) The Facility Agent may remove any security agent or co-security agent appointed by it and may appoint a new security agent or co-security agent in its place. (d) The Borrower Borrowers must pay to the Facility Agent any reasonable remuneration paid by the Facility Agent to any security agent or co-security agent appointed by it, together with any related costs and expenses properly incurred by the security agent or co-security agent.

Appears in 1 contract

Sources: Credit Facility Agreement (Danaos Corp)

Co-security Agent. (a) The Facility Agent may appoint a separate security agent or a co-security agent in any jurisdiction outside the United States People's Republic of AmericaChina: (i) if the Facility Agent considers that without the appointment the interests of the Lenders under the Finance Documents might be materially and adversely affected; (ii) for the purpose of complying with any law, regulation or other condition in any jurisdiction; or (iii) for the purpose of obtaining or enforcing a judgment or enforcing any Finance Document in any jurisdiction. (b) Any appointment under this Subclause will only be effective if the security agent or co co-security agent confirms to the Facility Agent and the Borrower Security Parties in form and substance satisfactory to the Facility Agent that it is bound by the terms of this Agreement as if it were the Facility Agent. (c) The Facility Agent may remove any security agent or co-security agent appointed by it and may appoint a new security agent or co-security agent in its place. (d) The Borrower Borrowers must pay to the Facility Agent any reasonable remuneration paid by the Facility Agent to any security agent or co-security agent appointed by it, together with any related costs and expenses properly incurred by the security agent or co-security agent.

Appears in 1 contract

Sources: Reducing Revolving Credit Facility (Seaspan CORP)