Collateral and Collateral Documents. (a) The due and punctual payment of the principal of and interest on the Term Loans when and as the same shall be due and payable, whether on an Interest Payment Date, at maturity, by acceleration, repurchase, redemption or otherwise, and interest on the overdue principal of and interest on the Term Loans and performance of all other Obligations of the Borrower and the Guarantors to the Lender, the Administrative Agent or the Collateral Agent under this Agreement, the Term Loans, the Intercreditor Agreements and the Collateral Documents, according to the terms hereunder or thereunder, shall be secured as provided in the Collateral Documents, which define the terms of the Liens that secure the Term Loans and such other Obligations, subject to the terms of the Intercreditor Agreements. The Administrative Agent and the Borrower hereby acknowledge and agree that the Collateral Agent holds the Collateral in trust for the benefit of the Collateral Agent, the Administrative Agent and the Lenders, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreements. Each Lender consents and agrees to the terms of the Collateral Documents (including the provisions providing for the possession, use, release and foreclosure of Collateral) and the Intercreditor Agreements as the same may be in effect or may be amended from time to time in accordance with their terms and this Agreement and the Intercreditor Agreements, and authorizes and directs the Administrative Agent to enter into the Collateral Documents and the Intercreditor Agreements and to perform its obligations and exercise its rights thereunder in accordance therewith. The Borrower shall deliver to the Collateral Agent copies of all documents pursuant to the Collateral Documents, and shall do or cause to be done all such acts and things as may be reasonably required by the next sentence of this Section 12.01, to assure and confirm to the Collateral Agent the security interest in the Collateral contemplated hereby, by the Collateral Documents or any part thereof, as from time to time constituted, so as to render the same available for the security and benefit of this Agreement and of the Term Loans secured hereby, according to the intent and purposes herein expressed. The Borrower shall, and shall cause the Restricted Subsidiaries of the Borrower to, use its and their commercially reasonable efforts to take any and all actions reasonably required to cause the Collateral Documents to...
Collateral and Collateral Documents. 98 TABLE OF CONTENTS (CONTINUED) PAGE Section 11.2. Application of Proceeds of Collateral................................... 99 Section 11.3. Possession, Use and Release of Collateral............................... 99
Collateral and Collateral Documents. (a) The Trustee shall initially act as Collateral Agent (and is hereby appointed as Collateral Agent and the Trustee accepts such appointment) and, whether or not so expressly stated therein, in entering into, or taking (or forbearing from) any action under or pursuant to, the Collateral Documents, the Collateral Agent shall have all of the rights, immunities, indemnities and other protections granted to it and to the Trustee under this Indenture (in addition to those that may be granted to it under the terms of any Collateral Document or such other agreement or agreements).
Collateral and Collateral Documents. (a) In order to secure the due and punctual payment of the Notes, the Company and the Subsidiary Guarantors have entered into the Collateral Documents to create the Note Liens on the Collateral in accordance with the terms thereof. Pursuant to the provisions of the Lien Subordination Agreement, the Collateral Documents and this Indenture, the rights and remedies of the Trustee and the Holders of the Notes in the Collateral shall be subordinate and subject to the rights and remedies of the holders of the Priority Liens in accordance with the terms of Lien Subordination Agreement and the Collateral Documents. In the event of a conflict among the terms of this Indenture, the Collateral Documents, and the Lien Subordination Agreement, the Lien Subordination Agreement shall control.
Collateral and Collateral Documents. (a) In order to secure the due and punctual payment of the Notes, the Company and the Subsidiary Guarantors have entered into the Collateral Documents to create the Note Liens on the Collateral in accordance with the terms thereof. Pursuant to the provisions of the Collateral Documents and this Indenture, the rights and remedies of the Trustee and the Holders of the Notes in the Collateral shall be subordinate and subject to the rights and remedies of the holders of the Priority Liens in accordance with the terms of the Collateral Documents. In the event of a conflict between the terms of this Indenture and the Collateral Documents, the Collateral Documents shall control.
Collateral and Collateral Documents. (a) The provisions of each of the Collateral Documents, when delivered, are effective to create in favor of Administrative Agent a valid and enforceable security interest or other Lien in all right, title, and interest of each Loan Party party thereto in the collateral described therein. To the extent required hereby or by the Collateral Documents, each such security interest or other Lien has been perfected and constitutes a perfected, first priority security interest or other Lien in the subject Collateral, subject to no Liens other than Permitted Liens.
Collateral and Collateral Documents. The provisions of this Agreement and each of the other Collateral Documents, when delivered, are effective to create in favor of Collateral Agent, for the benefit of the Lending Parties, a valid and enforceable security interest or other Lien in all right, title, and interest of each Loan Party that is a party thereto in the Collateral described therein. Each such security interest or other Lien in favor of an Agent, to the extent the same may be perfected by the filing of a UCC financing statement or the filing of an intellectual property security agreement or by control (within the meaning of the UCC), has, except as otherwise expressly provided in any Collateral Document, been perfected. Except as otherwise expressly provided herein or in any other Collateral Document, each security interest or other Lien in the Collateral described in any Collateral Document constitutes a perfected, first-priority security interest or other Lien in the subject Collateral (subject to Permitted Liens having priority by operation of law and except to the extent otherwise expressly provided in any Loan Document or expressly agreed to in writing by Administrative Agent), subject to no Liens other than Permitted Liens.
Collateral and Collateral Documents. (a) In order to secure the due and punctual payment of principal and interest on the Securities when and as the same shall be due and payable, whether on an Interest Payment Date, or at Maturity, by acceleration, repurchase, redemption or otherwise, and interest on the overdue principal and interest (to the extent permitted by law), if any, on the Securities and performance of all other obligations of the Company to the Holders or the Trustee under this Indenture and the Securities, the Company, the Subsidiaries and the Collateral Agent have immediately following the execution of the Second Supplemental Indenture entered into the Collateral Documents, pursuant to which the Company and the Subsidiaries have granted a first priority Lien (subject to certain exceptions expressly permitted by the applicable Collateral Documents) on and security interest in the Collateral to the Collateral Agent for the pari passu benefit of (i) the Trustee and the Holders and (ii) the Administrative Agent, the Collateral Agent and the Lenders. The Company hereby confirms that the Collateral Agent holds the Collateral as a secured party, in trust for the benefit of the Trustee, in its capacity as trustee under this Indenture, and the Administrative Agent, in its capacity as agent under the Credit Agreement, and for the equal and ratable benefit of the Holders of the Securities and the Lenders pursuant to the terms of the Collateral Documents.
Collateral and Collateral Documents. SECTION 10.02. Recording; Priority; Opinions, Etc. SECTION 10.03. Release of Collateral SECTION 10.04. Disposition of Collateral Without Release SECTION 10.05. Eminent Domain and Other Governmental Takings SECTION 10.06. Trust Indenture Act Requirements SECTION 10.07. Suits To Protect Collateral SECTION 10.08. Purchaser Protected SECTION 10.09. Powers Exercisable by Receiver or Trustee SECTION 10.10. Determinations Relating to Collateral SECTION 10.11. Form and Sufficiency of Release SECTION 10.12. Possession and Use of Collateral
Collateral and Collateral Documents. (a) In order to secure the due and punctual payment of principal of and interest on the Securities when and as the same shall be due and payable, whether on an Interest Payment Date, at maturity, by acceleration, repurchase, redemption or otherwise, and interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Securities and performance of all other obligations of the Company to the Holders or the Trustee under this Indenture and the Securities, the Company, the Subsidiaries (other than Doe Run Peru and its Subsidiaries) and the Collateral Agent have simultaneously, with the execution of this Indenture, entered into the Collateral Documents, pursuant to which each of the Company and its Subsidiaries has granted to the Collateral Agent for the benefit of the Trustee and the Holders a Lien on and security interest in the Collateral which is subject to and junior to the Senior Lien, but is senior to all other Liens other than Permitted Liens, if any. The Collateral Agent and the Company hereby agree that the Collateral Agent holds the Collateral as a secured party or mortgagee, as the case may be, in trust for the benefit of the Trustee, in its capacity as Trustee, and for the ratable benefit of the Holders pursuant to the terms of the Collateral Documents. The Collateral Agent is hereby authorized and directed to enter into the Intercreditor Agreement.
