Collateral Agent Appointment Sample Clauses

Collateral Agent Appointment. The Investors hereby appoint the Lead Investor as the Collateral Agent pursuant to and in accordance with the Security Agreement.

Collateral Agent Appointment. ▇▇▇▇ ▇▇▇▇▇▇▇▇ is hereby appointed as the collateral agent on behalf of the Investors (“Agent”).

Collateral Agent Appointment. Pursuant to a separate collateral agent agreement dated as of even date herewith, Investor has appointed Helios Funds LLC, a New York limited liability company as its collateral agent (the “Collateral Agent”). Investor hereby certifies that the Collateral Agent is authorized, on behalf of the Investor, to execute the Security Agreement and take all actions undertaken by the Collateral Agent in the Security Agreement. Unless the Company has been advised in writing by the Investor that the Collateral Agent no longer is authorized to act on the Investor’s behalf, the Company may rely upon and shall not be liable for acting or refraining from acting upon any written notice, document, instruction or request furnished to it under the Security Agreement and believed by it to be genuine and to have been signed or presented by the Collateral Agent without inquiry and without requiring substantiating evidence of any kind.

Collateral Agent Appointment. U.S. Bank National Association is hereby appointed as collateral agent for the benefit of the Secured Parties with respect to the Security Interests in the Collateral and the rights and remedies granted pursuant to the Security Documents. The Collateral Agent ▇▇▇▇▇▇ accepts such appointment and agrees to act as Collateral Agent in the manner contemplated herein and in the Security Documents. The Collateral Agent is hereby authorized and directed to act in strict accordance with the terms of this Agreement notwithstanding any contrary provision in the other Security Documents with respect to Enforcement Actions and the application of any Collateral or the Proceeds thereof. The Collateral Agent ▇▇▇▇▇▇ accepts and agrees to, and the Borrower hereby acknowledges and consents to, the foregoing authorization and direction made by the Intercreditor Agent, on behalf of the Secured Parties. Any party that shall become a Secured Party after the date hereof pursuant to the terms hereof and the Intercreditor‌ Agreement shall be deemed to have so acknowledged and consented to such appointment, authorization and direction of the Collateral Agent by the Secured Parties set forth in this Section 2.01.

Collateral Agent Appointment. Lender hereby irrevocably appoints, designates, authorizes ▇▇▇▇▇ Fargo to continue to act as Collateral Agent in accordance with Section 9.01 of the Existing Credit Agreement and Section 1.01 and to take such actions to exercise such rights, privileges and powers and to perform such duties in such capacity on behalf of Lender as may be expressly delegated to Collateral Agent hereunder, under the other Collateral Documents and as contemplated under Section 1.01. The Loan Parties acknowledge the continuity of said appointment and agree that for all purposes hereunder and under any of the Collateral Documents, ▇▇▇▇▇ Fargo (in such capacity) shall have all of the rights, powers and privileges of the Collateral Agent as contemplated in this Section 9.12.

Collateral Agent Appointment. Each of the Lenders hereby irrevocably appoints the Collateral Agent as its agent and authorizes the Collateral Agent to take such actions on its behalf and to exercise such powers as are delegated to the Collateral Agent by the terms hereof and the Security Documents, together with such actions and powers as are reasonably incidental thereto.

Collateral Agent Appointment. 60 Section 9.08. Collateral Agent in its Individual Capacity........................ 60 Section 9.09.

Collateral Agent Appointment. (a) Each Petitioning Creditor hereby designates and appoints RKMI as the Collateral Agent of such Petitioning Creditor under the Trust Deed and hereunder, and each such Petitioning Creditor hereby authorizes RKMI, as the Collateral Agent for such Petitioning Creditor, to take such action on its behalf under the provisions of the Trust Deed and this Agreement and to exercise such powers and perform such duties as are expressly delegated to the Collateral Agent by the terms of the Trust Deed and this Agreement, together with such other powers as are reasonably incidental thereto. (b) The Collateral Agent, in its sole discretion, shall be entitled to take any action or refrain from taking any action under this Agreement or the Trust Deed (including, without limitation, the exercise of remedies under the Trust Deed). (c) The Collateral Agent may hire such employees, agents and professionals as the Collateral Agent deems appropriate. (d) The Collateral Agent shall exercise the rights and powers granted to it as Collateral Agent in the same manner, and use the same degree of care and skill in their exercise, as a prudent person would exercise and use under the circumstances in the conduct of his own affairs having due regard for the purposes set forth herein. (e) The Collateral Agent shall not be liable for any action lawfully taken or omitted to be taken by it under or in connection with the Trust Deed or this Agreement except for gross negligence or willful misconduct. Without limiting the foregoing, no Petitioning Creditor or Participating Creditor shall have any right of action whatsoever against the Collateral Agent as a result of the Collateral Agent acting or refraining from acting hereunder or under the Trust Deed unless such act or failure to act resulted from the Collateral Agent's gross negligence or willful misconduct. (f) The Collateral Agent may resign as Collateral Agent upon thirty (30) days notice to the Petitioning Creditors. If the Collateral Agent shall resign as Collateral Agent under this Agreement and the Trust Deed, then the Petitioning Creditors shall appoint a successor agent for the Petitioning Creditors, whereupon such successor agent shall succeed to the rights, powers and duties of the Collateral Agent, and the term "Collateral Agent" shall mean such successor agent effective upon its appointment, and the former Collateral Agent's rights, powers, and duties as Collateral Agent shall be terminated, without any other or further act or...

Collateral Agent Appointment