Common use of Collateral Agent As Agent Clause in Contracts

Collateral Agent As Agent. (a) Citicorp North America, Inc. has been appointed to act as Collateral Agent under the Credit Agreement by the Lenders and, by their acceptance of the benefits hereof and the other Security Documents, the other Secured Parties. The Collateral Agent shall be obligated, and shall have the right hereunder and under the other Security Documents, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with this Security Agreement, the other Security Documents, the Credit Agreement and the Intercreditor Agreement, provided that, except as otherwise expressly provided in the Credit Agreement or the other Credit Documents, the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for herein, including in Section 5, in accordance with the instructions of Required Lenders. In furtherance of the foregoing provisions of this subsection 7(a), each Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, it being understood and agreed by such Secured Party that all rights and remedies hereunder or pursuant to the other Security Documents, may be exercised solely by the Collateral Agent for the benefit of the Lenders and Secured Parties in accordance with the terms of this subsection 7(a).

Collateral Agent As Agent. (a) Citicorp North AmericaThe Bank of New York Mellon Trust Company, Inc. N.A. has been appointed to act as the Collateral Agent under the Credit Agreement Indenture, by the Lenders Issuers and, by their acceptance of the benefits hereof hereof, the Holders and the other Security Documents, the other Second Lien Secured Parties. The Collateral Agent shall be obligated, and shall have the right hereunder and under the other Security Documentshereunder, to make demands, to give notices, to provide consents, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with this Security Agreement, the other Security DocumentsIndenture, the Credit Agreement Additional Second Lien Agreements and the Intercreditor Agreement, ; provided that, except as otherwise expressly provided in the Credit Agreement or the other Credit Documents, that the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for herein, including in Section 5, 5 in accordance with the instructions of the Required LendersSecured Parties. In furtherance of the foregoing provisions of this subsection Section 7(a), each Second Lien Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, it being understood and agreed by such Second Lien Secured Party that all rights and remedies hereunder or pursuant to the other Security Documents, may be exercised solely by the Collateral Agent for the benefit of the Lenders and applicable Second Lien Secured Parties in accordance with the terms of this subsection Section 7(a).

Collateral Agent As Agent. (a) Citicorp North AmericaThe Bank of New York Mellon Trust Company, Inc. N.A. has been appointed to act as the Collateral Agent under the Credit Agreement by the Lenders and, by their acceptance of the benefits hereof and the other Security Documents, the other Secured PartiesIndenture. The Collateral Agent shall be obligated, and shall have the right hereunder and under the other Security Documentshereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with this Security Agreement, the other Security Documents, the Credit Agreement and the Intercreditor AgreementIndenture, provided that, except as otherwise expressly provided in the Credit Agreement or the other Credit Documents, that the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for herein, including in Section 5, 5 in accordance with the instructions of Required LendersHolders. In furtherance of the foregoing provisions of this subsection Section 7(a), each Secured Party, by its acceptance of the benefits hereofhereof and under the Indenture, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, except to the extent specifically set forth in Section 5 of the Guarantee, it being understood and agreed by such Secured Party that all rights and remedies hereunder or pursuant to the other Security Documents, may be exercised solely by the Collateral Agent for the ratable benefit of the Lenders applicable Holders and Secured Parties in accordance with the terms of this subsection Section 7(a), the Indenture and the Intercreditor Agreements.

Collateral Agent As Agent. (a) Citicorp North America, Inc. U.S. Bank National Association has been appointed to act as Collateral Agent under the Credit Agreement Indenture by the Lenders Holders and, by their acceptance of the benefits hereof and the other Security Documents, the other Secured Parties. The Collateral Agent shall be obligated, and shall have the right hereunder and under the other Security Documents, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of CollateralCollateral or Mortgaged Property), solely in accordance with this Security Agreement, the other Security Documents, the Credit Agreement Indenture and the Intercreditor Agreement, provided that, except as otherwise expressly provided in the Credit Agreement Indenture or the other Credit Note Documents, the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for herein, including in Section 5, in accordance with the instructions of the Required LendersSecured Parties. In furtherance of the foregoing provisions of this subsection 7(a), each Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunderhereunder or Mortgaged Property, it being understood and agreed by such Secured Party that all rights and remedies hereunder or pursuant to the other Security Documents, may be exercised solely by the Collateral Agent for the benefit of the Lenders and Secured Parties in accordance with the terms of this subsection 7(a).

Collateral Agent As Agent. (a) Citicorp North America, Inc. Barclays Bank PLC has been appointed to act as the Collateral Agent under the Credit Collateral Agency Agreement by the Administrative Agent on behalf of the Lenders represented by it and, by their acceptance of the benefits hereof and the other Security Documentshereof, the other Secured PartiesParties hereby consent to such appointment and agree to the terms of the Collateral Agency Agreement. The Collateral Agent shall be obligated, and shall have the right hereunder and under the other Security Documentshereunder, to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking any action (including the release or substitution of Collateral), solely in accordance with the Collateral Agency Agreement, this Security Agreement, the other Security Documents, the Credit Agreement and the Intercreditor AgreementCollateral Documents to which the Collateral Agent is a party in its capacity as such, provided that, except as otherwise expressly provided in the Credit Agreement or the other Credit Documents, that the Collateral Agent shall exercise, or refrain from exercising, any remedies provided for herein, including in Section 5, in accordance with 5 as directed by an Act of the instructions of Required LendersSecured Parties. In furtherance of the foregoing provisions of this subsection Section 7(a), each Secured Party, by its acceptance of the benefits hereof, agrees that it shall have no right individually to realize upon any of the Collateral hereunder, it being understood and agreed by such Secured Party that all rights and remedies hereunder or pursuant to the other Security Documents, may be exercised solely by the Collateral Agent for the benefit of the Lenders and applicable Secured Parties in accordance with the terms of this subsection Section 7(a).