Concerning the Collateral Trustee. Wilmington Trust, National Association is entering into this Agreement solely in its capacity as Collateral Trustee and not in its individual or corporate capacity. The rights, privileges and immunities of the Collateral Trustee pursuant to the Security Agreement and the Collateral Trust Agreement (as defined in the Security Agreement), shall be incorporated as though fully set forth herein.
Concerning the Collateral Trustee. Wilmington Trust, National Association is entering into this Agreement solely in its capacity as Collateral Trustee and not in its individual or corporate capacity. The rights, privileges and immunities of the Collateral Trustee pursuant to the Security Agreement and the Collateral Trust Agreement (as defined in the Security Agreement), shall be incorporated as though fully set forth herein. [NAME OF PLEDGOR], as Pledgor By: Name: Title: WILMINGTON TRUST, NATIONAL ASSOCIATION, solely in its capacity as Collateral Trustee EXHIBIT B-3 By: Name: Title: [NAME OF ISSUER], as Issuer By: Name: Title: Exhibit A [Letterhead of Collateral Trustee] [Date] [Name and Address of Issuer] Attention: [ ] Re: Termination of Control Agreement You are hereby notified that the Uncertificated Securities Control Agreement between you, [Name of Pledgor] (the “Pledgor”) and the undersigned (a copy of which is attached) is terminated and you have no further obligations to the undersigned pursuant to such Agreement. Notwithstanding any previous instructions to you, you are hereby instructed to accept all future directions with respect to Pledged Shares (as defined in the Uncertificated Securities Control Agreement) from the Pledgor. This notice terminates any obligations you may have to the undersigned with respect to the Pledged Shares, however nothing contained in this notice shall alter any obligations which you may otherwise owe to the Pledgor pursuant to any other agreement. You are instructed to deliver a copy of this notice by facsimile transmission to the Pledgor. Very truly yours, Wilmington Trust, National Association, solely in its capacity as Collateral Trustee By: Name: Title: EXHIBIT C TO PLEDGE AND SECURITY AGREEMENT (SECOND LIEN OBLIGATIONS) SECURITIES ACCOUNT CONTROL AGREEMENT
Concerning the Collateral Trustee. Notwithstanding anything contained herein to the contrary, it is expressly understood and agreed by the parties hereto that this Agreement has been signed by U.S. Bank National Association, not in its individual capacity or personally but solely in its capacity as the Collateral Trustee, in the exercise of the powers and authority conferred and vested in it under the Indenture and the Collateral Trust Agreement. In entering into this Agreement, the Collateral Trustee shall be entitled to the benefit of every provision of the Indenture, the Collateral Trust Agreement and any Security Document relating to the rights, exculpations or conduct of, affecting the liability of or otherwise affording protection to, the “Collateral Trustee” thereunder. [Remainder of this page intentionally left blank; signature page follows]
Concerning the Collateral Trustee. The recitals contained in this Supplemental Indenture shall be taken as the statements of the Issuer, and the Collateral Trustee assumes no responsibility for their correctness. Except as provided in the Indenture, the Collateral Trustee shall not be responsible or accountable in any way whatsoever for or with respect to the validity, execution or sufficiency of this Supplemental Indenture and makes no representation with respect thereto. In entering into this Supplemental Indenture, the Collateral Trustee shall be entitled to the benefit of every provision of the Indenture relating to the conduct of or affecting the liability of or affording protection to the Collateral Trustee.
Concerning the Collateral Trustee. The Collateral Trustee assumes no responsibility for the correctness of the recitals contained herein, and the Collateral Trustee shall not be responsible or accountable in any way whatsoever for or with respect to the validity, execution or sufficiency of this Amendment and makes no representation with respect thereto. In entering into this Amendment the Collateral Trustee shall be entitled to the benefit of every provision of the Collateral Trust Agreement limiting the liability of, limiting the obligations of, or affording rights, defenses, exculpations, benefits, protections, privileges, immunities or indemnities to the Collateral Trustee as if they were expressly set forth for the benefit of the Collateral Trustee herein mutatis mutandis.
Concerning the Collateral Trustee. In executing this Agreement as the Collateral Trustee, this Agreement has been accepted, executed and delivered by Wilmington Trust, National Association, in its capacity as Collateral Trustee under and pursuant to the terms of the Note Indenture. The Collateral Trustee shall be entitled to all rights, privileges, immunities and protections set forth in the Note Indenture in the acceptance, execution, delivery and performance of this Agreement as though fully set forth herein
Concerning the Collateral Trustee. The Collateral Trustee shall be afforded all of the same rights, protections, immunities and indemnities afforded to it under the Collateral Trust Agreement as if the same were specifically set forth herein, mutatis mutandis.
Concerning the Collateral Trustee. (a) The Collateral Trustee will not have any fiduciary duties nor will it have responsibilities or obligations other than those expressly assumed by it in this Agreement and the other Parity Lien Documents. The Collateral Trustee will not be required to take any action that is contrary to applicable law or any provision of this Agreement or the other Parity Lien Documents. No implied duties (including fiduciary duties) or obligations shall be read into this Agreement or any other Parity Lien Document against the Collateral Trustee. To the extent that, at law or in equity and notwithstanding the other provisions of this Agreement, the Collateral Trustee has duties (including fiduciary duties) and liabilities relating thereto to any Person, the Collateral Trustee shall not be liable for the actions of the Collateral Trustee taken in good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict or eliminate the duties and liabilities of the Collateral Trustee otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of the Collateral Trustee.
Concerning the Collateral Trustee. In executing this Agreement and any other Parity Lien Documents to which it is a party as the Collateral Trustee shall be entitled to all rights, privileges, immunities, indemnities and protections set forth in the Parity Lien Documents in the acceptance, execution, delivery and performance of this Agreement and any Parity Lien Document as though fully set forth herein
Concerning the Collateral Trustee
