Common use of Collateral Trustee Clause in Contracts

Collateral Trustee. (a) The Borrower has appointed the Collateral Trustee pursuant to the Indenture and the Borrower has Granted to the Collateral Trustee a security interest in the Assets for the benefit of the Secured Parties, including the Lenders. (b) The rights, protections, benefits, immunities and indemnities afforded to the Collateral Trustee as set forth in the Indenture, including Article VI thereof shall also apply to the Collateral Trustee under this Agreement, mutatis mutandis; provided that such rights, protections, benefits, immunities and indemnities shall be in addition to any rights, protections, benefits, immunities and indemnities provided herein or in any other document to which the Collateral Trustee is a party; provided, further, however that the foregoing shall not be construed to impose upon the Collateral Trustee when acting under this Agreement, any of the duties or standards of care (including, without limitation, any duties of a prudent person) of the Collateral Trustee under the Indenture. The Collateral Trustee undertakes to perform such duties and only such duties as are specifically set forth in the Indenture and this Agreement and no implied covenants or obligations shall be read into the Indenture or this Agreement against the Collateral Trustee.

Collateral Trustee. (a) The Borrower has appointed By their acceptance of the Notes, the Holders hereby designate and appoint the Trustee to serve as Collateral Trustee and as their agent under this Indenture, the Security Documents and the Intercreditor Agreements, and each of the Holders by acceptance of the Notes hereby irrevocably authorizes the Collateral Trustee pursuant to take such action on its behalf under the Indenture provisions of this Indenture, the Security Documents and the Borrower has Granted Intercreditor Agreements and to exercise such powers and perform such duties as are expressly delegated to the Collateral Trustee a security interest by the terms of this Indenture, the Security Documents and the Intercreditor Agreements, and consents and agrees to the terms of the Intercreditor Agreements and each Security Document, as the same may be in effect or may be amended, restated, supplemented or otherwise modified from time to time in accordance with their respective terms. The Trustee hereby agrees to serve as Collateral Trustee under the Assets Security Documents and the Intercreditor Agreements and acknowledges that the Collateral Trustee agrees to act as such on the express conditions contained in this Section 11.11. The provisions of this Section 11.11 are solely for the benefit of the Secured PartiesCollateral Trustee, including and none of the Lenders. (b) The rights, protections, benefits, immunities and indemnities afforded to the Collateral Trustee as set forth in the Indenture, including Article VI thereof shall also apply to the Collateral Trustee under this Agreement, mutatis mutandis; provided that such rights, protections, benefits, immunities and indemnities shall be in addition to any rights, protections, benefits, immunities and indemnities provided herein or in any other document to which the Collateral Trustee is a party; provided, further, however that the foregoing shall not be construed to impose upon the Collateral Trustee when acting under this Agreement, Holders nor any of the duties or standards Grantors shall have any rights as a third-party beneficiary of care (including, without limitation, any duties of a prudent person) of the Collateral Trustee under the Indenture. The Collateral Trustee undertakes to perform such duties and only such duties provisions contained herein other than as are specifically set forth expressly provided in the Indenture and this Agreement and no implied covenants or obligations shall be read into the Indenture or this Agreement against the Collateral TrusteeSection 11.

Collateral Trustee. (a) The Borrower has appointed the Collateral Trustee pursuant to the Indenture and the Borrower has Granted to the Collateral Trustee a security interest in the Assets Collateral for the benefit of the Secured Parties, including the Lenders. (b) The rights, protections, benefits, immunities and indemnities afforded to the Collateral Trustee as set forth in the Indenture, including Article VI thereof shall also apply to the Collateral Trustee under this Agreement, mutatis mutandis; provided that such rights, protections, benefits, immunities and indemnities shall be in addition to any rights, protections, benefits, immunities and indemnities provided herein or in any other document to which the Collateral Trustee is a party; provided, further, however however, that the foregoing shall not be construed to impose upon the Collateral Trustee when acting under this Agreement, any of the duties or standards of care (including, without limitation, any duties of a prudent person) of the Collateral Trustee under the Indenture. The Collateral Trustee undertakes to perform such duties and only such duties as are specifically set forth in the Indenture and this Agreement and no implied covenants or obligations shall be read into the Indenture or this Agreement against the Collateral Trustee.