Common use of Information as to Representatives Clause in Contracts

Information as to Representatives. Each Borrower agrees that it shall deliver to the Collateral Trustees from time to time upon request of the Collateral Trustees a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the Borrowers) thereunder, and all other unpaid amounts thereunder known to the Borrowers, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustees may reasonably request. In addition, the Borrowers shall deliver to the Collateral Trustees, each time a distribution from the Collateral Trust Estate or, the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of an Authorized Officer, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, provided that if any distribution is directed to be made to any Representative if such Representative shall have notified the Collateral Trustees in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the Equal and Ratable Benefit of such Representative and its Secured Holders. On the Effective Date, the Borrowers will furnish to the Collateral Trustees, with a copy to each Representative, a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and each Borrower agrees to furnish promptly to the Collateral Trustees any changes or additions to such list of which the Borrowers are made aware. Unless otherwise specified herein, the Collateral Trustees may for all purposes hereunder, rely on such information given by the Borrowers unless (i) the Collateral Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information with respect to such Representative in which case, unless such Representative and the Borrowers can reach an agreement on such issue within a period of ten days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers and such Representative) to resolve the dispute (at the expense of the Borrowers).

Appears in 1 contract

Samples: Collateral Trust Agreement (Us Industries Inc /De)

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Information as to Representatives. Each Borrower The Company agrees that it shall deliver to the Collateral Trustees Trustee from time to time upon written request of the Collateral Trustees Trustee a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the BorrowersCompany) thereunder, and all other unpaid amounts thereunder known to the BorrowersCompany, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information known to the Company regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustees Trustee may reasonably request. In addition, the Borrowers Company shall deliver to the Collateral TrusteesTrustee, each time a distribution from the Collateral Trust Estate or, or the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of an Authorized the Chief Financial Officer, Treasurer or Controller of the Company, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, provided PROVIDED, that if any distribution is directed to be made to any Representative Representative, if such Representative shall have notified the Collateral Trustees Trustee in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the Equal and Ratable Benefit benefit of such Representative and its Secured Holders. On the Effective Date, the Borrowers The Company will furnish to the Collateral TrusteesTrustee, with a copy to each Representative, a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and each Borrower the Company agrees to furnish promptly to the Collateral Trustees Trustee any changes or additions to such list of which the Borrowers are Company is made aware. Unless otherwise specified herein, the Collateral Trustees Trustee may for all purposes hereunder, rely on such information given by the Borrowers Company unless (i) the Collateral Trustees Trustee shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Borrowers can reach an agreement on such issue within a period of ten days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers and such Representative) to resolve the dispute (at the expense of the Borrowers).

Appears in 1 contract

Samples: Collateral Trust Agreement (Avaya Inc)

Information as to Representatives. Each (a) The Borrower agrees that it shall deliver to the Collateral Trustees from time to time upon the request of the Collateral Trustees a list setting forth, for each Secured Agreement, (ai) the aggregate principal amount outstanding thereunder, (bii) the accrued and unpaid interest thereunder, (ciii) the accrued and unpaid fees (if any) thereunder, (div) the names of the Representatives and of the Secured Holders (to the extent known to the BorrowersBorrower) thereunder, and all other unpaid amounts thereunder known to the BorrowersBorrower, owing to each such Representative, for its own account and on behalf of such Secured Holders and (ev) such other information regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustees may reasonably request. In addition, the Borrowers Borrower shall deliver to the Collateral Trustees, each time a distribution from the Collateral Trust Estate or, the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party the Required Representative(s) pursuant to Section 5.04 hereof, a certificate of an Authorized OfficerOfficer of the Borrower, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefortherefor (the "Payment Information"), provided that if any distribution is directed to be made to any Representative Representative, if such Representative shall have notified the Collateral Trustees in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the Equal and Ratable Benefit benefit of such Representative and its Secured Holders. On the Effective Date, the Borrowers The Borrower will furnish to the Collateral Trustees, with a copy to each Representative, on the Effective Date a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and each the Borrower agrees to furnish promptly to the Collateral Trustees any changes or additions to such list of which the Borrowers are Borrower is made aware. Unless otherwise specified herein, the Collateral Trustees may for all purposes hereunder, rely on such information given by the Borrowers Borrower unless (i) the Collateral Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Borrowers Borrower can reach an agreement on such issue within a period of ten 10 days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers Borrower and such Representative) to resolve the dispute (at the expense of the BorrowersBorrower). Upon the request of the Collateral Trustees, the Agent and the other Representatives shall deliver the information provided for in this Section 6.02.

Appears in 1 contract

Samples: Collateral Trust Agreement (Aes Corporation)

Information as to Representatives. Each Borrower The Grantor agrees that it shall deliver to the Collateral Trustees from time to time upon request of the Collateral Trustees a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the BorrowersGrantor) thereunder, and all other unpaid amounts thereunder known to the BorrowersGrantor, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustees may reasonably request. In addition, the Borrowers Grantor shall deliver to the Collateral Trustees, each time a distribution from the Collateral Trust Estate or, the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of an Authorized Officer, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, provided provided, that if any distribution is directed to be made to any Representative Representative, if such Representative shall have notified the Collateral Trustees in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the Equal and Ratable Benefit benefit of such Representative and its Secured Holders. On the Effective Date, the Borrowers The Grantor will furnish to the Collateral Trustees, with a copy to each Representative, on the Effective Date a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and each Borrower the Grantor agrees to furnish promptly to the Collateral Trustees any changes or additions to such list of which the Borrowers are Grantor is made aware. Unless otherwise specified herein, the Collateral Trustees may for all purposes hereunder, rely on such information given by the Borrowers Grantor unless (i) the Collateral Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Borrowers Grantor can reach an agreement on such issue within a period of ten 10 days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers Grantor and such Representative) to resolve the dispute (at the expense of the BorrowersGrantor).

Appears in 1 contract

Samples: Credit Agreement (Pacificare Health Systems Inc /De/)

Information as to Representatives. Each Borrower agrees that it shall deliver to the Collateral Trustees from time to time upon request of the Collateral Trustees a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the Borrowers) thereunder, and all other unpaid amounts thereunder known to the Borrowers, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustees may reasonably request. In addition, the Borrowers shall deliver to the Collateral Trustees, each time a distribution from the Collateral Trust Estate or, the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of an Authorized Officer, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, provided PROVIDED, that if any distribution is directed to be made to any Representative Representative, if such Representative shall have notified the Collateral Trustees in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the Equal and Ratable Benefit benefit of such Representative and its Secured Holders. On the Effective Date, the The Borrowers will furnish to the Collateral Trustees, with a copy to each Representative, on the Perfection Date a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and each Borrower agrees to furnish promptly to the Collateral Trustees any changes or additions to such list of which the Borrowers are made aware. Unless otherwise specified herein, the Collateral Trustees may for all purposes hereunder, rely on such information given by the Borrowers unless (i) the Collateral Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information with respect to such Representative in which case, unless such Representative and the Borrowers can reach an agreement on such issue within a period of ten 10 days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers and such Representative) to resolve the dispute (at the expense of the Borrowers).

Appears in 1 contract

Samples: Collateral Trust Agreement (Us Industries Inc /De)

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Information as to Representatives. Each Borrower The Grantor agrees that it shall deliver to the Collateral Trustees Trustee from time to time upon request of the Collateral Trustees Trustee a list setting forth, for each Secured Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the BorrowersGrantor) thereunder, and all other unpaid amounts thereunder known to the BorrowersGrantor, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information regarding the Representatives, such Secured Holders and the Secured Agreements as the Collateral Trustees Trustee may reasonably request. In addition, the Borrowers Grantor shall deliver to the Collateral TrusteesTrustee, each time a distribution from the Collateral Trust Estate or, or the Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof5.04, a certificate of an Authorized the Chief Financial Officer, Treasurer or Controller of the Grantor, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, provided provided, that if any distribution is directed to be made to any Representative Representative, if such Representative shall have notified the Collateral Trustees Trustee in writing that such Representative is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the Equal and Ratable Benefit benefit of such Representative and its Secured Holders. On the Effective Date, the Borrowers The Grantor will furnish to the Collateral TrusteesTrustee, with a copy to each Representative, within 10 Business Days after receiving the Collateral Trustee's reasonable request therefor, a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Agreements and each Borrower the Grantor agrees to furnish promptly to the Collateral Trustees Trustee any changes or additions to such list of which the Borrowers are Grantor is made aware. Unless otherwise specified herein, the Collateral Trustees Trustee may for all purposes hereunder, rely on such information given by the Borrowers Grantor unless (i) the Collateral Trustees Trustee shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information in writing with respect to such Representative in which case, unless such Representative and the Borrowers Grantor can reach an agreement on such issue within a period of ten 10 days, the Collateral Trustees Trustee shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers Grantor and such Representative) to resolve the dispute (at the expense of the BorrowersGrantor).

Appears in 1 contract

Samples: Collateral Trust Agreement (Polyone Corp)

Information as to Representatives. Each Borrower The Company agrees that it shall deliver to the Collateral Trustees from time to time upon request of the Collateral Trustees a list setting forth, for each Secured Indebtedness Agreement, (a) the aggregate principal amount outstanding thereunder, (b) the accrued and unpaid interest thereunder, (c) the accrued and unpaid fees (if any) thereunder, (d) the names of the Representatives and of the Secured Holders (to the extent known to the BorrowersCompany) thereunderof the Secured Indebtedness outstanding thereunder and the unpaid principal amount thereof, all accrued interest thereon, all accrued fees (if any) thereunder and all other unpaid amounts thereunder known to the BorrowersCompany, owing to each such Representative, for its own account and on behalf of such Secured Holders and (e) such other information regarding the Representatives, such Secured Holders and the Secured Indebtedness Agreements as the Collateral Trustees may reasonably request. In addition, the Borrowers Company shall deliver to the Collateral Trustees, each time a distribution from the Collateral Trust Estate orEstate, the Shared Collateral Account or the Holders Collateral Account is to be made pursuant to the terms hereof, not later than two Business Days after receipt of a copy of the applicable distribution request delivered by a Defaulted Agreement Party pursuant to Section 5.04 hereof, a certificate of an Authorized Officer, setting forth the amounts to be distributed and the Persons to whom such distributions are to be made, including appropriate payment instructions therefor, provided PROVIDED, that if any distribution is directed to be made to any Representative the Indenture Trustee as a Representative, if such Representative the Indenture Trustee shall have notified the Collateral Trustees in writing that such Representative Indenture Trustee is unable to accept such distribution, such distribution shall be made instead to an account established pursuant to Section 5.02 hereof for the Equal and Ratable Benefit of such Representative and its Secured HoldersHolders Collateral Account. On the Effective Date, the Borrowers The Company will furnish to the Collateral Trustees, with a copy to each Representative, Trustees on the Closing Date a list setting forth the name and address of each Representative and each Person to whom notices must be sent under the Secured Indebtedness Agreements and each Borrower the Company agrees to furnish promptly to the Collateral Trustees any changes or additions to such list of which the Borrowers are made awarelist. Unless otherwise specified herein, the Collateral Trustees may for all purposes hereunder, rely on such information given by the Borrowers Company unless (i) the Collateral Trustees shall have actual knowledge of an inaccuracy or (ii) any Representative shall provide contrary information with respect to such Representative in which case, unless such Representative and the Borrowers Company can reach an agreement on such issue within a period of ten 10 days, the Collateral Trustees shall appoint an independent arbitrator (who shall be reasonably acceptable to the Borrowers Company and such Representative) to resolve the dispute (at the expense of the BorrowersCompany).

Appears in 1 contract

Samples: Credit Agreement (Broadwing Inc)

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