Collateral Custodian. Upon the occurrence and during the continuance of any Event of Default, the Collateral Agent or its designee may at any time and from time to time employ and maintain on the premises of any Loan Party a custodian selected by the Collateral Agent or its designee who shall have full authority to do all acts necessary to protect the Agents’ and the Lenders’ interests. Each Loan Party hereby agrees to, and to cause its Subsidiaries to, cooperate with any such custodian and to do whatever the Collateral Agent or its designee may reasonably request to preserve the Collateral. All costs and expenses incurred by the Collateral Agent or its designee by reason of the employment of the custodian shall be the responsibility of the Borrowers and charged to the Loan Account.
Collateral Custodian. Upon the occurrence and during the continuance of any Event of Default, the Collateral Agent may at any time and from time to time employ and maintain on the premises of any Loan Party a custodian selected by the Collateral Agent who shall have full authority to do all acts necessary to protect the Agents’ and the Lenders’ interests. Each Loan Party hereby agrees to, and to cause its Subsidiaries to, cooperate with any such custodian and to do whatever the Collateral Agent may reasonably request to preserve the Collateral. All costs and expenses incurred by the Collateral Agent by reason of the employment of the custodian shall be the responsibility of the Borrower and charged to the Loan Account.
Collateral Custodian. Upon the occurrence and continuance of an Event of Default, the Agent may at any time and from time to time employ and maintain in the premises of the Borrowers a custodian selected by the Agent who shall have full authority to do all acts necessary to protect the Agent's and Lenders' interests and to report to the Agent thereon. The Borrowers hereby agree to cooperate with any such custodian and to do whatever the Agent may reasonably request to preserve the Collateral. All costs and expenses incurred by the Agent by reason of the employment of the custodian shall be charged to the Borrowers' account and added to the Obligations.
Collateral Custodian. Upon the occurrence and during the continuance of any Default or Event of Default, the Agent may at any time and from time to time employ and maintain on the premises of any Obligor a custodian selected by the Agent who shall have full authority to do all acts necessary to protect the Agent’s and the Holders’ interests. Each Obligor hereby agrees to, and to cause its Subsidiaries to, cooperate with any such custodian and to do whatever the Agent may reasonably request to preserve the Collateral. All costs and expenses incurred by the Agent by reason of the employment of the custodian shall be the responsibility of the Issuer and added to the Obligations.
Collateral Custodian. Upon the occurrence and during the continuance of any Event of Default, the Collateral Agent or its designee may at any time and from time to time employ and maintain on the premises of any Loan Party a custodian selected by the Collateral Agent or its designee who shall have full authority to do all acts necessary to protect the Agents’ and the Lenders’ interests. Each Loan Party hereby agrees to, and to cause its Subsidiaries to, cooperate with any such custodian and to do whatever the Collateral Agent or its designee may reasonably request to preserve the Collateral.
Collateral Custodian. Upon the occurrence and during the continuance of any Default or Event of Default, the Lender may at any time and from time to time employ and maintain on the premises of the Borrower a custodian selected by the Lender who shall have full authority to do all acts necessary to protect the Lender's interests. The Borrower hereby agrees to, and to cause its Subsidiaries to, cooperate with any such custodian and to do whatever the Lender may reasonably request to preserve the Collateral. All costs and expenses incurred by the Lender by reason of the employment of the custodian shall be the responsibility of the Borrower and charged to the Loan Account.
Collateral Custodian. Section 11.01 Designation of Collateral Custodian 132 Section 11.02 Duties of Collateral Custodian 132 Section 11.03 Merger or Consolidation 134 Section 11.04 Collateral Custodian Compensation 135 Section 11.05 Collateral Custodian Removal 135 Section 11.06 Limitation on Liability 135 Section 11.07 Collateral Custodian Resignation 136 Section 11.08 Release of Documents 137 Section 11.09 Return of Required Loan Documents 138 Section 11.10 Access to Certain Documentation and Information Regarding the Collateral Portfolio; Due Diligence on the Borrower Advisors 138 Section 11.11 Bailment 138 ARTICLE XII. MISCELLANEOUS Section 12.01 Amendments and Waivers 139 Section 12.02 Notices, Etc. 140 Section 12.03 No Waiver; Remedies 140 Section 12.04 Binding Effect; Assignability; Multiple Lenders 141 Section 12.05 Term of This Agreement 142 Section 12.06 GOVERNING LAW; JURY WAIVER 142 Section 12.07 Costs, Expenses and Taxes 143 Section 12.08 No Proceedings 144 Section 12.09 Recourse Against Certain Parties 144 Section 12.10 Execution in Counterparts; Severability; Integration 146 Section 12.11 Consent to Jurisdiction; Service of Process 146 Section 12.12 Characterization of Conveyances Pursuant to the Purchase and Sale Agreement 146 Section 12.13 Confidentiality 148 Section 12.14 Non-Confidentiality of Tax Treatment 149 Section 12.15 Waiver of Set Off 149 Section 12.16 Headings and Exhibits 149 Section 12.17 Ratable Payments 150 Section 12.18 Failure of Borrower or Collateral Manager to Perform Certain Obligations 150 Section 12.19 Power of Attorney 150 Section 12.20 Permitted Equityholder Transaction 150 Section 12.21 Limitation on Liability 151 LIST OF SCHEDULES AND EXHIBITS EXHIBITS EXHIBIT A Form of Approval Notice EXHIBIT B Form of Borrowing Base Certificate EXHIBIT C Form of Disbursement Request EXHIBIT D Form of Joinder Supplement EXHIBIT E Form of Notice of Borrowing EXHIBIT F Form of Notice of Prepayment (Reduction of Advances Outstanding) EXHIBIT G Form of Notice of Reduction (Reduction of Maximum Facility Amount) EXHIBIT H Form of Variable Funding Note EXHIBIT I Form of Certificate of Closing Attorneys EXHIBIT J Form of Collateral Management Report EXHIBIT K Form of Collateral Manager Certificate (Collateral Management Report) EXHIBIT L Form of Release of Required Loan Documents EXHIBIT M Form of Transferee Letter EXHIBIT N Form of Officer’s Certificate (Solvency) EXHIBIT O Form of Notice and Request for Consent to Lien Release Dividend EXHIBIT P Form of St...
Collateral Custodian. Upon the occurrence and during the continuance of any Default or Event of Default, Agent may at any time and from time to time employ and maintain on the premises of any Loan Party a custodian selected by Agent who shall have full authority to do all acts necessary to protect Agent's and Lenders' interests. Each Loan Party hereby agrees to, and to cause its Subsidiaries to, cooperate with any such custodian and to do whatever Agent may reasonably request to preserve the Collateral. All costs and expenses incurred by Agent by reason of the engagement of any such custodian shall be the responsibility of Borrowers and charged to the Loan Account.
Collateral Custodian. Section 10.01 Designation of Collateral Custodian 112 Section 10.02 Duties of Collateral Custodian 112 Section 10.03 Merger or Consolidation 115 Section 10.04 Collateral Custodian Compensation 115 Section 10.05 Collateral Custodian Removal 115 Section 10.06 Limitation on Liability 115 Section 10.07 Collateral Custodian Resignation 117 Section 10.08 Release of Documents 117 Section 10.09 Return of Required Loan Documents 118 Section 10.10 Access to Certain Documentation and Information Regarding the Collateral 119 Section 10.11 Agent of the Collateral Agent 119 ARTICLE XI
Collateral Custodian. Upon the occurrence and during the continuance of any Default or Event of Default, Agent or its designee may at any time and from time to time employ and maintain on the premises of any Loan Party a custodian selected by Agent or its designee who shall have full authority to do all acts necessary to protect Agent’s and the Lenders’ interests. Each Loan Party hereby agrees to, and to cause its Subsidiaries and Affiliates to, cooperate with any such custodian and to do whatever Agent or its designee may reasonably request to preserve the Collateral. All costs and expenses incurred by Agent or its designee by reason of the employment of the custodian shall be the responsibility of the Borrowers and shall be Obligations. This Section 14.13 shall be subject in all respects to the Xxxxxx/TRG Subordination Agreement.
