Common use of Resignation and Removal of the Collateral Trustee Clause in Contracts

Resignation and Removal of the Collateral Trustee. 26 SECTION 6.1 Resignation or Removal of Collateral Trustee 26 SECTION 6.2 Appointment of Successor Collateral Trustee 26 SECTION 6.3 Succession 27 SECTION 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 ARTICLE 7. MISCELLANEOUS PROVISIONS 28 SECTION 7.1 Amendment 28 SECTION 7.2 Voting 29 SECTION 7.3 Further Assurances 29 SECTION 7.4 Successors and Assigns 30 SECTION 7.5 Delay and Waiver 30 SECTION 7.6 Notices 31 SECTION 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 Compensation; Expenses 32 SECTION 7.10 Indemnity 32 SECTION 7.11 Effectiveness 33 SECTION 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 Governing Law 34 SECTION 7.16 Consent to Jurisdiction 34 SECTION 7.17 Waiver of Jury Trial 34 SECTION 7.18 Counterparts 35 SECTION 7.19 Grantors and Additional Grantors 35 SECTION 7.20 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Representatives 35 SECTION 7.23 Intercreditor Agreements 36 SECTION 7.24 Force Majeure 36 SECTION 7.25 U.S.A. Patriot Act 36 EXHIBIT A – Additional Parity Lien Debt Designation EXHIBIT B – Form of Collateral Trust Joinder—Additional Parity Lien Obligations EXHIBIT C – Form of Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) dated as of August 16, 2016 among TRU TAJ LLC, a Delaware limited liability company (the “Issuer”), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”) the other Grantors from time to time party hereto, Wilmington Trust, National Association, as Trustee (as defined below), and Wilmington Trust, National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 2 contracts

Samples: Collateral Trust Agreement, Collateral Trust Agreement (Toys R Us Inc)

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Resignation and Removal of the Collateral Trustee. 26 4143 SECTION 6.1 Resignation or Removal of Collateral Trustee 26 4143 SECTION 6.2 Appointment of Successor Collateral Trustee 26 4143 SECTION 6.3 Succession 27 4244 SECTION 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 ARTICLE 4244 Article 7. MISCELLANEOUS PROVISIONS 28 4345 SECTION 7.1 Amendment 28 4345 SECTION 7.2 Voting 29 4547 SECTION 7.3 Further Assurances 29 4548 SECTION 7.4 Perfection of Subordinated Trust Estate 4648 SECTION 7.5 Successors and Assigns 30 Assigns; Third Party Beneficiaries 4649 SECTION 7.5 7.6 Delay and Waiver 30 SECTION 7.6 Notices 31 4749 SECTION 7.7 Notices 4749 SECTION 7.8 Notice Following Discharge of Parity Priority Lien Obligations 31 4850 SECTION 7.8 7.9 Entire Agreement 31 4850 SECTION 7.9 7.10 Compensation; Expenses 32 SECTION 7.10 Indemnity 32 4851 SECTION 7.11 Effectiveness 33 Indemnity 4951 SECTION 7.12 Severability 33 5052 SECTION 7.13 Section Headings 33 5052 SECTION 7.14 Obligations Secured 34 5052 SECTION 7.15 Governing Law 34 5052 SECTION 7.16 Consent to Jurisdiction 34 5053 SECTION 7.17 Waiver of Jury Trial 34 5053 SECTION 7.18 Counterparts 35 5153 SECTION 7.19 Grantors and Additional Grantors 35 Effectiveness 5153 SECTION 7.20 Additional Guarantors 5154 SECTION 7.21 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 5154 (ii) SECTION 7.22 Insolvency 5254 SECTION 7.23 Rights and Immunities of Authorized Secured Debt Representatives 35 SECTION 7.23 Intercreditor Agreements 36 5254 SECTION 7.24 Force Majeure 36 Intercreditor Agreement 5255 SECTION 7.25 U.S.A. Patriot Act 36 EXHIBIT A – Additional Parity Lien Debt Designation EXHIBIT B – Form of Appointment Under Term Credit Agreement 5255 SECTION 7.26 No Novation 55 This Collateral Trust Joinder—Additional Parity Lien Obligations EXHIBIT C – Form Agreement (this “Agreement”) is dated as of Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT (November 9, 2012 and(as amended pursuant to the 2017 Refinancing Amendment and as further amended, supplemented, amended and restated restated, supplemented or otherwise modified from time to time in accordance with Section 7.1 hereoftime, this “Agreement”) dated as of August 16is by and among MRC Global (US) Inc., 2016 among TRU TAJ LLC, (f/k/a Delaware limited liability company (the “Issuer”XxXxxxxx Red Man Corporation), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the IssuerCompany”), the “Issuers”) the other Grantors Guarantors from time to time party hereto, Wilmington TrustJPMorgan Chase Bank of America, National AssociationN.A., as Trustee administrative agent under the Term Credit Agreement (as defined belowhereinafter defined) (in such capacity and together with its successors in such capacity, the “Term Administrative Agent”), the other Secured Debt Representatives (as hereinafter defined) from time to time party hereto, and Wilmington Trust, U.S. Bank National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (MRC Global Inc.)

Resignation and Removal of the Collateral Trustee. 26 SECTION Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION 30 Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION 30 Section 6.3 Succession 27 SECTION 30 Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 31 Section 6.5 Concerning the Collateral Trustee and the Parity Lien Representatives 31 ARTICLE 7. 7 MISCELLANEOUS PROVISIONS 28 SECTION Section 7.1 Amendment 28 SECTION 32 Section 7.2 Voting 29 SECTION 35 Section 7.3 Further Assurances 29 SECTION 35 Section 7.4 Successors and Assigns 30 SECTION 36 Section 7.5 Delay and Waiver 30 SECTION 36 Section 7.6 Notices 31 SECTION 36 Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 37 Section 7.8 Compensation; Expenses 32 SECTION 37 Section 7.9 Indemnity 39 Section 7.10 Indemnity 32 SECTION Severability 39 Section 7.11 Effectiveness 33 SECTION Headings 39 Section 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 40 Section 7.13 Governing Law 34 SECTION 7.16 40 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 40 Section 7.15 Waiver of Jury Trial 34 SECTION 40 Section 7.16 Counterparts, Electronic Signatures 41 Section 7.17 Effectiveness 41 Section 7.18 Counterparts 35 SECTION 7.19 Grantors and Additional Grantors 35 SECTION 7.20 41 Section 7.19 Continuing Nature of this Agreement 35 SECTION 41 Section 7.20 Insolvency 41 Section 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 42 Section 7.22 Intercreditor Agreement 42 Section 7.23 Intercreditor Agreements 36 SECTION 7.24 Force Majeure 36 SECTION 7.25 42 Section 7.24 U.S.A. Patriot Act 36 EXHIBIT 42 Section 7.25 Representations and Warranties 43 Exhibit A [Form of] Additional Secured Debt Designation Exhibit B [Form of] Collateral Trust Joinder – Additional Parity Lien Debt Designation EXHIBIT B – Exhibit C [Form of of] Collateral Trust Joinder—Joinder – Additional Parity Lien Obligations EXHIBIT C – Form of Grantor This Amended and Restated Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT Agreement (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 161, 2016 2017 and is by and among TRU TAJ LLCVanguard Natural Resources, Inc. (f/k/a Delaware limited liability company VNR Finance Corp.) (the “IssuerCompany”), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”) the other Grantors and Guarantors from time to time party hereto, Wilmington Trust, National AssociationDelaware Trust Company, as Trustee (as defined below), and Wilmington Trust, National AssociationDelaware Trust Company, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”)) and any Parity Lien Representative of a Series of Parity Lien Debt that executes and delivers a Collateral Trust Joinder.

Appears in 1 contract

Samples: Collateral Trust Agreement (Vanguard Natural Resources, Inc.)

Resignation and Removal of the Collateral Trustee. 26 SECTION 6.1 SECTION 6.2 SECTION 6.3 SECTION 6.4 ARTICLE 7.MISCELLANEOUS PROVISIONS SECTION 7.1 SECTION 7.2 SECTION 7.3 SECTION 7.4 SECTION 7.5 SECTION 7.6 SECTION 7.7 SECTION 7.8 SECTION 7.9 SECTION 7.10 SECTION 7.11 SECTION 7.12 SECTION 7.13 SECTION 7.14 SECTION 7.15 SECTION 7.16 SECTION 7.17 SECTION 7.18 SECTION 7.19 SECTION 7.20 SECTION 7.21 SECTION 7.22 SECTION 7.23 SECTION 7.24 Resignation or Removal of Collateral Trustee 26 SECTION 6.2 Appointment of Successor Collateral Trustee 26 SECTION 6.3 Succession 27 SECTION 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 ARTICLE 7. MISCELLANEOUS PROVISIONS 28 SECTION 7.1 Amendment 28 SECTION 7.2 Voting 29 SECTION 7.3 Further Assurances 29 SECTION 7.4 Assurances; Insurance; Real Estate Perfection of Junior Trust Estate Successors and Assigns 30 SECTION 7.5 Delay and Waiver 30 SECTION 7.6 Notices 31 SECTION 7.7 Notice Following Discharge of Parity Priority Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 Compensation; Expenses 32 SECTION 7.10 Indemnity 32 SECTION 7.11 Effectiveness 33 SECTION 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 Governing Law 34 SECTION 7.16 Consent to Jurisdiction 34 SECTION 7.17 Waiver of Jury Trial 34 SECTION 7.18 Counterparts 35 SECTION 7.19 Grantors and Effectiveness Additional Grantors 35 SECTION 7.20 Guarantors Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Secured Debt Representatives 35 SECTION 7.23 Intercreditor Agreements 36 SECTION 7.24 Force Majeure 36 SECTION 7.25 U.S.A. Patriot Act 36 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F – – – – - Additional Parity Lien Secured Debt Designation EXHIBIT B – Form of Collateral Trust Joinder—Additional Parity Lien Obligations EXHIBIT C – Secured Debt Form of Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT Guarantors Form of ABL Intercreditor Agreement Form of Mortgage Form of Opinion SCHEDULE 1 – Mortgaged Properties This Collateral Trust Agreement (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16July 31, 2016 2009 and is by and among TRU TAJ LLC, a Delaware limited liability company (the “Issuer”), TRU Taj Finance, Inc.Xxxxxx Xxxxxxxxxxx, a Delaware corporation (the “Co-Issuer” and, together with the IssuerCompany”), the “Issuers”) the other Grantors Guarantors from time to time party hereto, Wilmington TrustDeutsche Bank Trust Company Americas, National Associationa banking corporation duly organized under the laws of the State of New York, as First Lien Trustee (as defined below), Deutsche Bank Trust Company Americas, a banking corporation duly organized under the laws of the State of New York, as Second Lien Trustee (as defined below), the other Secured Debt Representatives from time to time party hereto, and Wilmington TrustDeutsche Bank Trust Company Americas, National Associationa banking corporation duly organized under the laws of the State of New York, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Unisys Corp)

Resignation and Removal of the Collateral Trustee. 26 SECTION Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION 31 Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION 31 Section 6.3 Succession 27 SECTION 32 Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 32 Section 6.5 Concerning the Collateral Trustee and the Parity Lien Representatives 32 ARTICLE 7. 7 MISCELLANEOUS PROVISIONS 28 SECTION Section 7.1 Amendment 28 SECTION 33 Section 7.2 Voting 29 SECTION 35 Section 7.3 Further Assurances 29 SECTION 35 Section 7.4 Successors and Assigns 30 SECTION 36 Section 7.5 Delay and Waiver 30 SECTION 37 Section 7.6 Notices 31 SECTION 37 Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 38 Section 7.8 Compensation; Expenses 32 SECTION 38 Section 7.9 Indemnity 39 Section 7.10 Indemnity 32 SECTION Severability 40 Section 7.11 Effectiveness 33 SECTION Headings 40 Section 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 40 Section 7.13 Governing Law 34 SECTION 7.16 40 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 40 Section 7.15 Waiver of Jury Trial 34 SECTION 41 Section 7.16 Counterparts, Electronic Signatures 42 Section 7.17 Effectiveness 42 Section 7.18 Counterparts 35 SECTION 7.19 Grantors and Additional Grantors 35 SECTION 42 Section 7.19 Insolvency 42 Section 7.20 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 7.23 42 Section 7.21 Intercreditor Agreements 36 SECTION 7.24 Agreement 42 Section 7.22 Force Majeure 36 SECTION 7.25 43 Section 7.23 U.S.A. Patriot Act 36 EXHIBIT 43 Exhibit A [Form of] Additional Parity Lien Debt Designation EXHIBIT Certificate Exhibit B [Form of of] Collateral Trust Joinder—Joinder – Additional Parity Lien Obligations EXHIBIT Debt Exhibit C [Form of of] Collateral Trust Joinder—Joinder – Additional Grantor COLLATERAL TRUST AGREEMENT This Collateral Trust Agreement (as amended, supplemented, amended and restated or otherwise modified from form time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16as of March 15, 2016 2017, and is by and among TRU TAJ LLC, a Delaware limited liability company (the “Issuer”), TRU Taj FinanceEXCO Resources, Inc., a Delaware Texas corporation (the “Co-Issuer” and, together with the IssuerCompany”), the “Issuers”) the other Grantors and Guarantors from time to time party hereto, Wilmington Trust, National Association, as Second Lien Notes Trustee (as defined below), and Wilmington Trust, National Association, as Collateral Trustee collateral trustee hereunder (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Exco Resources Inc)

Resignation and Removal of the Collateral Trustee. 26 SECTION Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION 35 Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION 36 Section 6.3 Succession 27 SECTION 36 Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 36 Section 6.5 Concerning the Collateral Trustee and the Parity Lien Representatives 37 ARTICLE 7. 7 MISCELLANEOUS PROVISIONS 28 SECTION Section 7.1 Amendment 28 SECTION 38 Section 7.2 Voting 29 SECTION 40 Section 7.3 Further Assurances 29 SECTION 40 Section 7.4 Successors and Assigns 30 SECTION 41 Section 7.5 Delay and Waiver 30 SECTION 41 Section 7.6 Notices 31 SECTION 41 Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 43 Section 7.8 Compensation; Expenses 32 SECTION 43 Section 7.9 Indemnity 44 Section 7.10 Indemnity 32 SECTION Severability 45 Section 7.11 Effectiveness 33 SECTION Headings 45 Section 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 45 Section 7.13 Governing Law 34 SECTION 7.16 45 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 45 Section 7.15 Waiver of Jury Trial 34 SECTION 46 Section 7.16 Counterparts, Electronic Signatures 46 Section 7.17 Effectiveness 46 Section 7.18 Counterparts 35 SECTION 7.19 Grantors and Additional Grantors 35 SECTION 46 Section 7.19 Insolvency 47 Section 7.20 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 7.23 47 Section 7.21 Intercreditor Agreements 36 SECTION 7.24 Agreement 47 Section 7.22 Force Majeure 36 SECTION 7.25 48 Section 7.23 U.S.A. Patriot Act 36 EXHIBIT 48 Exhibit A [Form of] Additional Parity Lien Debt Designation EXHIBIT Certificate Exhibit B [Form of of] Collateral Trust Joinder—Joinder – Additional Parity Lien Obligations EXHIBIT Debt Exhibit C [Form of of] Collateral Trust Joinder—Joinder – Additional Grantor COLLATERAL TRUST AGREEMENT This Collateral Trust Agreement (as amended, supplemented, amended and restated or otherwise modified from form time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16October 26, 2016 among TRU TAJ LLC2015, a Delaware limited liability company and amended and restated as of March 15, 2017 (the “IssuerRestatement Effective Date”), TRU Taj Financeand is by and among EXCO Resources, Inc., a Delaware Texas corporation (the “Co-Issuer” and, together with the IssuerCompany”), the “Issuers”) the other Grantors and Guarantors from time to time party hereto, Wilmington Trust, National Association, as Trustee Senior Third Lien Administrative Agent (as defined below), Wilmington Trust, National Association, as Senior Third Lien Collateral Trustee, Wilmington Trust, National Association, as Junior Third Lien Administrative Agent, Wilmington Trust, National Association, as Junior Third Lien Collateral Trustee, and Wilmington Trust, National Association, as Collateral Trustee collateral trustee hereunder (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Exco Resources Inc)

Resignation and Removal of the Collateral Trustee. 26 SECTION Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION Section 6.3 Succession 27 SECTION Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 Section 6.5 Concerning the Collateral Trustee and the Parity Lien Representatives 27 ARTICLE 7. 7 MISCELLANEOUS PROVISIONS 28 SECTION Section 7.1 Amendment 28 SECTION Section 7.2 Voting 29 SECTION 30 Section 7.3 Further Assurances 29 SECTION 31 Section 7.4 Successors and Assigns 30 SECTION 32 Section 7.5 Delay and Waiver 30 SECTION 32 Section 7.6 Notices 31 SECTION 32 Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 34 Section 7.8 Compensation; Expenses 32 SECTION 34 Section 7.9 Indemnity 35 Section 7.10 Indemnity 32 SECTION Severability 36 Section 7.11 Effectiveness 33 SECTION Headings 36 Section 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 36 Section 7.13 Governing Law 34 SECTION 7.16 36 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 36 Section 7.15 Waiver of Jury Trial 34 SECTION 37 Section 7.16 Counterparts, Electronic Signatures 37 Section 7.17 Effectiveness 38 Section 7.18 Counterparts 35 SECTION 7.19 Grantors and Additional Grantors 35 SECTION 38 Section 7.19 Insolvency 38 Section 7.20 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 7.23 38 Section 7.21 Intercreditor Agreements 36 SECTION 7.24 Agreement 38 Section 7.22 Force Majeure 36 SECTION 7.25 U.S.A. Patriot Act 36 EXHIBIT 39 Exhibit A [Form of] Additional Parity Lien Debt Designation EXHIBIT Certificate Exhibit B [Form of of] Collateral Trust Joinder—Joinder — Additional Parity Lien Obligations EXHIBIT Debt Exhibit C [Form of of] Collateral Trust Joinder—Joinder — Additional Grantor COLLATERAL TRUST AGREEMENT This Collateral Trust Agreement (as amended, supplemented, amended and restated or otherwise modified from form time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16February 17, 2016 2016, and is by and among TRU TAJ LLCPetroQuest Energy, a Delaware limited liability company Inc. (the “IssuerCompany”), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”) the other Grantors Subsidiary Guarantors from time to time party hereto, Wilmington Trust, National Association, as Trustee (as defined below), and Wilmington Trust, National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Petroquest Energy Inc)

Resignation and Removal of the Collateral Trustee. 26 SECTION Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION Section 6.3 Succession 27 SECTION Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 ARTICLE 7. MISCELLANEOUS PROVISIONS 28 SECTION Section 7.1 Amendment 28 SECTION Section 7.2 Voting 29 SECTION Section 7.3 Further Assurances 29 SECTION Section 7.4 Successors and Assigns 30 SECTION Section 7.5 Delay and Waiver 30 SECTION Section 7.6 Notices 31 SECTION Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 32 Section 7.8 Compensation; Expenses 32 SECTION Section 7.9 Indemnity 33 Section 7.10 Indemnity 32 SECTION 7.11 Effectiveness 33 SECTION 7.12 Severability 33 SECTION 7.13 Section 7.11 Section Headings 33 SECTION 7.14 Section 7.12 Obligations Secured 34 SECTION 7.15 Section 7.13 Governing Law 34 SECTION 7.16 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 Section 7.15 Waiver of Jury Trial 34 SECTION 7.18 Section 7.16 Counterparts 35 SECTION 7.19 Section 7.17 Grantors and Additional Grantors 35 SECTION 7.20 Continuing Nature of this Agreement 35 SECTION 7.21 Section 7.18 Insolvency 35 SECTION 7.22 Section 7.19 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 7.23 Section 7.20 Intercreditor Agreements 36 SECTION 7.24 Force Majeure 36 SECTION 7.25 U.S.A. Patriot Act 36 Agreement 35 EXHIBIT A Form of Additional Parity Lien Debt Designation EXHIBIT B Form of Collateral Trust Joinder—Joinder – Additional Parity Lien Obligations Debt EXHIBIT C Form of Collateral Trust Joinder—Joinder – Additional Grantor This COLLATERAL TRUST AGREEMENT (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) ), dated as of August 161, 2016 2013, is made by and among TRU TAJ LLCALLIANCE ONE INTERNATIONAL, INC., a Delaware limited liability company Virginia corporation (the “Issuer”), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”) the other Grantors from time to time party hereto, Wilmington Trust, National AssociationLAW DEBENTURE TRUST COMPANY OF NEW YORK, as Trustee (as defined below), and Wilmington Trust, National AssociationLAW DEBENTURE TRUST COMPANY OF NEW YORK, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Alliance One International, Inc.)

Resignation and Removal of the Collateral Trustee. 26 SECTION 37 Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION 37 Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION 38 Section 6.3 Succession 27 SECTION 38 Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 39 Section 6.5 Concerning the Collateral Trustee and the Parity Lien Representatives 39 ARTICLE 7. 7 MISCELLANEOUS PROVISIONS 28 SECTION 40 Section 7.1 Amendment 28 SECTION 40 Section 7.2 Voting 29 SECTION 42 Section 7.3 Further Assurances 29 SECTION Assurances. 43 Section 7.4 Successors and Assigns 30 SECTION 43 Section 7.5 Delay and Waiver 30 SECTION 44 Section 7.6 Notices 31 SECTION 44 Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 45 Section 7.8 Compensation; Expenses 32 SECTION 45 Section 7.9 Indemnity 47 Section 7.10 Indemnity 32 SECTION Severability 48 Section 7.11 Effectiveness 33 SECTION Headings 48 Section 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 48 Section 7.13 Governing Law 34 SECTION 7.16 48 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 48 Section 7.15 Waiver of Jury Trial 34 SECTION 49 Section 7.16 Counterparts, Electronic Signatures 50 Section 7.17 Effectiveness 50 Section 7.18 Counterparts 35 SECTION 7.19 Grantors Obligors and Additional Grantors 35 SECTION Obligors 50 Section 7.19 Insolvency 50 Section 7.20 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 51 Section 7.21 Intercreditor Agreement 51 Section 7.22 PP&E Proceeds Account Control Agreement 51 Section 7.23 Intercreditor Agreements 36 SECTION 7.24 Force Majeure 36 SECTION 51 Section 7.24 Representations and Warranties 52 Section 7.25 U.S.A. Patriot Act 36 EXHIBIT Additional Persons Bound Hereby 52 Section 7.26 Consent and Release of Bank of America, N.A. as Administrative Agent for the Secured Hedge Counterparties under the Existing Collateral Trust Agreement 52 Schedules Schedule I - Secured Hedge Counterparties Schedule II - Mortgaged Properties Schedule III - Excluded Leases Exhibits Exhibit A - Form of Additional Parity Lien Debt Designation EXHIBIT Certificate Exhibit B - Form of Collateral Trust Joinder—Joinder (Additional Parity Lien Obligations EXHIBIT Debt) Exhibit C - Form of Collateral Trust Joinder—Joinder (Additional Grantor Obligor) AMENDED AND RESTATED COLLATERAL TRUST AGREEMENT This AMENDED AND RESTATED COLLATERAL TRUST AGREEMENT (as amended by Amendment No. 1, dated as of July 31, 2020 and effective as of August 5, 2020, and Amendment No. 2, dated as of March 8, 2024, and as otherwise amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16April 20, 2016 and is by and among TRU TAJ LLCCalumet Specialty Products Partners, L.P., a limited partnership organized under the laws of the State of Delaware limited liability company (the “IssuerParent”), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”) the other Grantors Obligors from time to time party hereto, Wilmington Trust, National Association, not in its individual capacity but solely as Trustee (as defined below)Trustee, the other Parity Lien Representatives from time to time party hereto and Wilmington Trust, National Association, as Collateral Trustee collateral trustee for the benefit of the Parity Lien Secured Parties (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Calumet Specialty Products Partners, L.P.)

Resignation and Removal of the Collateral Trustee. 26 SECTION 6.1 50 Section 7.1 Resignation or Removal of Collateral Trustee 26 SECTION 6.2 50 Section 7.2 Appointment of Successor Collateral Trustee 26 SECTION 6.3 50 Section 7.3 Succession 27 SECTION 6.4 51 Section 7.4 Merger, Conversion or Consolidation of Collateral Trustee 27 51 ARTICLE 7VIII. MISCELLANEOUS PROVISIONS 28 SECTION 7.1 51 Section 8.1 Amendment 28 SECTION 7.2 51 Section 8.2 Voting 29 SECTION 7.3 54 Section 8.3 Further Assurances 29 SECTION 7.4 Assurances; Insurance 54 Section 8.4 Perfection of Junior Trust Estate 54 Section 8.5 When Discharge of Secured Obligations Deemed to Not Have Occurred 55 Section 8.6 Successors and Assigns 30 SECTION 7.5 55 Section 8.7 Delay and Waiver 30 SECTION 7.6 55 Section 8.8 Notices 31 SECTION 7.7 56 Section 8.9 Notice Following Discharge of Parity Priority Lien Obligations 31 SECTION 7.8 57 Section 8.10 Entire Agreement 31 SECTION 7.9 57 ii Section 8.11 Compensation; Expenses 32 SECTION 7.10 57 Section 8.12 Indemnity 32 SECTION 7.11 Effectiveness 33 SECTION 7.12 58 Section 8.13 Actions Upon Breach; Specific Performance 59 Section 8.14 Severability 33 SECTION 7.13 60 Section 8.15 Section Headings 33 SECTION 7.14 60 Section 8.16 Obligations Secured 34 SECTION 7.15 60 Section 8.17 Governing Law 34 SECTION 7.16 60 Section 8.18 Consent to Jurisdiction 34 SECTION 7.17 60 Section 8.19 Waiver of Jury Trial 34 SECTION 7.18 Counterparts 35 SECTION 7.19 Grantors 61 Section 8.20 Counterparts; Electronic Signatures 61 Section 8.21 Guarantors and Additional Grantors 35 SECTION 7.20 Guarantors 61 Section 8.22 Continuing Nature of this Agreement 35 SECTION 7.21 61 Section 8.23 Insolvency 35 SECTION 7.22 62 Section 8.24 Rights and Immunities of Authorized Secured Debt Representatives 35 SECTION 7.23 Intercreditor Agreements 36 SECTION 7.24 Force Majeure 36 SECTION 7.25 U.S.A. Patriot Act 36 62 EXHIBIT A – Additional Parity Lien Secured Debt Designation EXHIBIT B – Form of Collateral Trust Joinder—Additional Parity Lien Obligations Secured Debt EXHIBIT C – Form of Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) dated as Guarantors EXHIBIT D – Additional Secured Obligation Designation EXHIBIT E – Form of August 16, 2016 among TRU TAJ LLC, a Delaware limited liability company (the “Issuer”), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”) the other Grantors from time to time party hereto, Wilmington Trust, National Association, as Trustee (as defined below), and Wilmington Trust, National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).Trust Joinder—Additional Secured Obligations iii

Appears in 1 contract

Samples: Collateral Trust Agreement (Altera Infrastructure L.P.)

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Resignation and Removal of the Collateral Trustee. 26 38 SECTION 6.1 Resignation or Removal of Collateral Trustee 26 38 SECTION 6.2 Appointment of Successor Collateral Trustee 26 38 SECTION 6.3 Succession 27 38 SECTION 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 39 ARTICLE 7. MISCELLANEOUS PROVISIONS 28 39 SECTION 7.1 Amendment 28 39 SECTION 7.2 Voting 29 41 SECTION 7.3 Further Assurances 29 Assurances; Insurance 41 SECTION 7.4 Perfection of Junior Trust Estate 42 SECTION 7.5 Successors and Assigns 30 42 SECTION 7.5 7.6 Delay and Waiver 30 SECTION 7.6 Notices 31 43 SECTION 7.7 Notices 43 SECTION 7.8 Notice Following Discharge of Parity Lien Obligations 31 44 SECTION 7.8 7.9 Entire Agreement 31 44 SECTION 7.9 7.10 Compensation; Expenses 32 SECTION 7.10 Indemnity 32 44 SECTION 7.11 Effectiveness 33 Indemnity 45 SECTION 7.12 Severability 33 46 SECTION 7.13 Section Headings 33 46 SECTION 7.14 Obligations Secured 34 46 SECTION 7.15 Governing Law 34 46 SECTION 7.16 Consent to Jurisdiction 34 46 SECTION 7.17 Waiver of Jury Trial 34 47 SECTION 7.18 Counterparts 35 47 SECTION 7.19 Grantors and Additional Grantors 35 Effectiveness 47 SECTION 7.20 Additional Pledgors 47 SECTION 7.21 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 48 SECTION 7.22 Insolvency 48 SECTION 7.23 Rights and Immunities of Authorized Secured Debt Representatives 35 SECTION 7.23 Intercreditor Agreements 36 48 SECTION 7.24 Force Majeure 36 Crest Obligations 48 SECTION 7.25 U.S.A. Patriot Act 36 Amendments to Material Project Agreements 49 EXHIBIT A – Additional Parity Lien Secured Debt Designation EXHIBIT B – Form of Collateral Trust Joinder—Additional Parity Lien Obligations Secured Debt EXHIBIT C – Form of Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT Pledgors This Collateral Trust Agreement (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16November 9, 2016 2006 and is by and among TRU TAJ LLCSABINE PASS LNG, L.P., a Delaware limited liability company partnership (the “IssuerCompany”), TRU Taj FinanceSABINE PASS LNG-GP, Inc.INC. (“Sabine GP”), SABINE PASS LNG-LP, LLC (“Sabine LP”), THE OTHER PLEDGORS FROM TIME TO TIME PARTY HERETO, THE BANK OF NEW YORK, a Delaware corporation (the “Co-Issuer” andNew York banking corporation, together with the Issuer, the “Issuers”) the other Grantors from time to time party hereto, Wilmington Trust, National Association, in its capacity as Trustee (as defined below), THE OTHER SECURED DEBT REPRESENTATIVES FROM TIME TO TIME PARTY HERETO and Wilmington TrustTHE BANK OF NEW YORK, National Associationa New York banking corporation, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Cheniere Energy Inc)

Resignation and Removal of the Collateral Trustee. 26 SECTION Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION 30 Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION 30 Section 6.3 Succession 27 SECTION 30 Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 31 Section 6.5 Concerning the Collateral Trustee and the Parity Lien Representatives 31 ARTICLE 7. 7 MISCELLANEOUS PROVISIONS 28 SECTION Section 7.1 Amendment 28 SECTION 32 Section 7.2 Voting 29 SECTION 35 Section 7.3 Further Assurances 29 SECTION 35 Section 7.4 Successors and Assigns 30 SECTION 36 Section 7.5 Delay and Waiver 30 SECTION 36 Section 7.6 Notices 31 SECTION 36 Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 37 Section 7.8 Compensation; Expenses 32 SECTION 38 Section 7.9 Indemnity 39 Section 7.10 Indemnity 32 SECTION Severability 39 Section 7.11 Effectiveness 33 SECTION Headings 39 Section 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 40 Section 7.13 Governing Law 34 SECTION 7.16 40 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 40 Section 7.15 Waiver of Jury Trial 34 SECTION 40 Section 7.16 Counterparts, Electronic Signatures 41 Section 7.17 Effectiveness 41 Section 7.18 Counterparts 35 SECTION 7.19 Grantors and Additional Grantors 35 SECTION 7.20 41 Section 7.19 Continuing Nature of this Agreement 35 SECTION 41 Section 7.20 Insolvency 41 Section 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 42 Section 7.22 Intercreditor Agreement 42 Section 7.23 Intercreditor Agreements 36 SECTION 7.24 Force Majeure 36 SECTION 7.25 42 Section 7.24 U.S.A. Patriot Act 36 EXHIBIT 42 Section 7.25 Representations and Warranties 43 Exhibit A [Form of] Additional Secured Debt Designation Exhibit B [Form of] Collateral Trust Joinder – Additional Parity Lien Debt Designation EXHIBIT B – Exhibit C [Form of of] Collateral Trust Joinder—Joinder – Additional Parity Lien Obligations EXHIBIT C – Form of Grantor This Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT Agreement (as amended, supplemented, amended and restated or otherwise modified from form time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16February 10, 2016 and is by and among TRU TAJ LLCVanguard Natural Gas, a Delaware limited liability company LLC (the IssuerVanguard”), TRU Taj FinanceVanguard Finance Corp., Inc., a Delaware corporation (the “Co-Issuer” and, together collectively with the IssuerVanguard, the “IssuersCompany) ), the other Grantors and Guarantors from time to time party hereto, Wilmington Trust, U.S. Bank National Association, as Trustee (as defined below), and Wilmington Trust, U.S. Bank National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”)) and any Parity Lien Representative of a Series of Parity Lien Debt that executes and delivers a Collateral Trust Joinder.

Appears in 1 contract

Samples: Collateral Trust Agreement (Vanguard Natural Resources, LLC)

Resignation and Removal of the Collateral Trustee. 26 36 SECTION 6.1 Resignation or Removal of Collateral Trustee 26 36 SECTION 6.2 Appointment of Successor Collateral Trustee 26 36 SECTION 6.3 Succession 27 36 SECTION 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 37 ARTICLE 7. MISCELLANEOUS PROVISIONS 28 37 SECTION 7.1 Amendment 28 37 SECTION 7.2 Voting 29 39 SECTION 7.3 Further Assurances 29 Assurances; Insurance 40 SECTION 7.4 Perfection of Junior Trust Estate 41 SECTION 7.5 Successors and Assigns 30 41 SECTION 7.5 7.6 Delay and Waiver 30 SECTION 7.6 Notices 31 41 SECTION 7.7 Notices 42 SECTION 7.8 Notice Following Discharge of Parity Lien Obligations 31 43 SECTION 7.8 7.9 Entire Agreement 31 43 SECTION 7.9 7.10 Compensation; Expenses 32 SECTION 7.10 Indemnity 32 43 SECTION 7.11 Effectiveness 33 Indemnity 44 SECTION 7.12 Severability 33 45 SECTION 7.13 Section Headings 33 45 SECTION 7.14 Obligations Secured 34 45 SECTION 7.15 Governing Law 34 45 SECTION 7.16 Consent to Jurisdiction 34 45 SECTION 7.17 Waiver of Jury Trial 34 45 SECTION 7.18 Counterparts 35 46 SECTION 7.19 Grantors and Additional Grantors 35 Effectiveness 46 SECTION 7.20 Additional Guarantors 46 SECTION 7.21 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 46 SECTION 7.22 Insolvency 47 SECTION 7.23 Rights and Immunities of Authorized Secured Debt Representatives 35 SECTION 7.23 Intercreditor Agreements 36 47 SECTION 7.24 Force Majeure 36 SECTION 7.25 U.S.A. Patriot Act 36 Intercreditor Agreement 47 EXHIBIT A Additional Parity Lien Secured Debt Designation EXHIBIT B Form of Collateral Trust Joinder—Additional Parity Lien Obligations Debt EXHIBIT C Form of Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT Guarantor EXHIBIT D — Form of Intercreditor Agreement This Collateral Trust Agreement (as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16June 5, 2016 2009 and is by and among TRU TAJ LLC, a Delaware limited liability company (the “Issuer”), TRU Taj Finance, Cricket Communications Inc., a Delaware corporation (the “Co-Issuer” and, together with the IssuerCompany”), the “Issuers”) the other Grantors Guarantors from time to time party hereto, Wilmington Trust, National AssociationTrust FSB, as Trustee (as defined below), the other Secured Debt Representatives from time to time party hereto, and Wilmington Trust, National AssociationTrust FSB, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Leap Wireless International Inc)

Resignation and Removal of the Collateral Trustee. 26 27 SECTION 6.1 Resignation or Removal of Collateral Trustee 26 27 SECTION 6.2 Appointment of Successor Collateral Trustee 26 27 SECTION 6.3 Succession 27 28 SECTION 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 28 ARTICLE 7. MISCELLANEOUS PROVISIONS 28 SECTION 7.1 Amendment 28 SECTION 7.2 Voting 29 30 SECTION 7.3 Further Assurances 29 Assurances; Insurance 31 SECTION 7.4 Successors and Assigns 30 Assigns; Third Party Beneficiaries 32 SECTION 7.5 Delay and Waiver 30 32 SECTION 7.6 Notices 31 33 SECTION 7.7 Notice Following Discharge of Parity Lien Collateral Trust Obligations 31 Payment Date 34 SECTION 7.8 Entire Agreement 31 34 SECTION 7.9 Compensation; Expenses 32 34 SECTION 7.10 Indemnity 32 35 SECTION 7.11 Effectiveness 33 Severability 36 SECTION 7.12 Severability 33 Headings 36 SECTION 7.13 Section Headings 33 Obligations Secured 36 SECTION 7.14 Obligations Secured 34 Governing Law 37 SECTION 7.15 Governing Law 34 SECTION 7.16 Consent to Jurisdiction 34 37 SECTION 7.17 7.16 Waiver of Jury Trial 34 37 SECTION 7.17 Counterparts; Electronic Signatures 38 SECTION 7.18 Counterparts 35 Effectiveness 38 SECTION 7.19 Grantors and Additional Grantors 35 Guarantors 38 SECTION 7.20 Continuing Nature of this Agreement 35 39 SECTION 7.21 Insolvency 35 39 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Debt Representatives 35 39 SECTION 7.23 Intercreditor Agreements 36 SECTION 7.24 Force Majeure 36 SECTION 7.25 U.S.A. Patriot Act 36 Agreement. 39 EXHIBIT A Additional Parity Lien Debt Designation EXHIBIT B Form of Collateral Trust Joinder—Additional Parity Lien Obligations Secured Debt EXHIBIT C Form of Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT Guarantors This Collateral Trust Agreement (as amended, supplemented, amended and restated or otherwise modified from form time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16June 23, 2016 2011 and is by and among TRU TAJ LLCXxxxxxx Networks Incorporated, a Delaware limited liability company Texas corporation (the IssuerCompany”), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”) the other Grantors Guarantors from time to time party hereto, Wilmington TrustXxxxx Fargo Bank, National Association, as Trustee trustee (as defined belowin such capacity and together with its successors in such capacity, the “Trustee”), the other Parity Lien Debt Representatives from time to time party hereto, and Wilmington Trust, U.S. Bank National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Goodman Networks Inc)

Resignation and Removal of the Collateral Trustee. 26 SECTION Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION 27 Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION 27 Section 6.3 Succession 27 SECTION 28 Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 28 Section 6.5 Concerning the Collateral Trustee and the Parity Lien Representatives 28 ARTICLE 7. 7 MISCELLANEOUS PROVISIONS 28 SECTION Section 7.1 Amendment 28 SECTION 29 Section 7.2 Voting 29 SECTION 32 Section 7.3 Further Assurances 29 SECTION 32 Section 7.4 Successors and Assigns 30 SECTION 33 Section 7.5 Delay and Waiver 30 SECTION 33 Section 7.6 Notices 31 SECTION 34 Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 35 Section 7.8 Compensation; Expenses 32 SECTION 35 Section 7.9 Indemnity 36 Section 7.10 Indemnity 32 SECTION Severability 37 Section 7.11 Effectiveness 33 SECTION Headings 37 Section 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 37 Section 7.13 Governing Law 34 SECTION 7.16 37 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 37 Section 7.15 Waiver of Jury Trial 34 SECTION 38 Section 7.16 Counterparts, Electronic Signatures 39 Section 7.17 Effectiveness 39 Section 7.18 Counterparts 35 SECTION 7.19 Grantors and Additional Grantors 35 SECTION 39 Section 7.19 Insolvency 39 Section 7.20 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 7.23 39 Section 7.21 Intercreditor Agreements 36 SECTION 7.24 Agreement 39 Section 7.22 Force Majeure 36 SECTION 7.25 U.S.A. Patriot Act 36 40 Section 7.23 Representations and Warranties 40 Section 7.24 Additional Persons Bound Hereby 40 ii EXHIBIT A – Additional Parity Lien Debt Designation FORM OF ADDITIONAL PARITY LIEN DEBT CERTIFICATE EXHIBIT B – Form of FORM OF COLLATERAL TRUST JOINDER - ADDITIONAL DEBT EXHIBIT C FORM OF COLLATERAL TRUST JOINDER - ADDITIONAL GRANTOR This Collateral Trust Joinder—Additional Parity Lien Obligations EXHIBIT C – Form of Collateral Trust Joinder—Additional Grantor COLLATERAL TRUST AGREEMENT Agreement (as amended, supplemented, amended and restated or otherwise modified from form time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16May 10, 2016 and is by and among TRU TAJ LLC, a Delaware limited liability company Denbury Resources Inc. (the “IssuerCompany”), TRU Taj Finance, Inc., a Delaware corporation (the “Co-Issuer” and, together with the Issuer, the “Issuers”) the other Grantors Guarantors from time to time party hereto, Wilmington Trust, National Association, as Trustee a Parity Lien Representative (as defined below) of the holders of the Notes (as defined below) (the “Trustee”), the other Parity Lien Representatives from time to time party hereto and Wilmington Trust, National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Denbury Resources Inc)

Resignation and Removal of the Collateral Trustee. 26 SECTION Section 6.1 Resignation or Removal of Collateral Trustee 26 SECTION Section 6.2 Appointment of Successor Collateral Trustee 26 SECTION Section 6.3 Succession 27 SECTION Section 6.4 Merger, Conversion or Consolidation of Collateral Trustee 27 Section 6.5 Concerning the Collateral Trustee and the Parity Lien Representatives 28 ARTICLE 7. 7 MISCELLANEOUS PROVISIONS 28 SECTION Section 7.1 Amendment 28 SECTION 29 Section 7.2 Voting 29 SECTION 30 Section 7.3 Further Assurances 29 SECTION 31 Section 7.4 Successors and Assigns 30 SECTION 32 Section 7.5 Delay and Waiver 30 SECTION 32 Section 7.6 Notices 31 SECTION 32 Section 7.7 Notice Following Discharge of Parity Lien Obligations 31 SECTION 7.8 Entire Agreement 31 SECTION 7.9 34 Section 7.8 Compensation; Expenses 32 SECTION 34 Section 7.9 Indemnity 35 Section 7.10 Indemnity 32 SECTION Severability 36 Section 7.11 Effectiveness 33 SECTION Headings 36 Section 7.12 Severability 33 SECTION 7.13 Section Headings 33 SECTION 7.14 Obligations Secured 34 SECTION 7.15 36 Section 7.13 Governing Law 34 SECTION 7.16 36 Section 7.14 Consent to Jurisdiction 34 SECTION 7.17 36 Section 7.15 Waiver of Jury Trial 34 SECTION 36 Section 7.16 Counterparts, Electronic Signatures 37 Section 7.17 Effectiveness 37 Section 7.18 Counterparts 35 SECTION 7.19 Grantors and Additional Grantors 35 SECTION 37 Section 7.19 Insolvency 38 Section 7.20 Continuing Nature of this Agreement 35 SECTION 7.21 Insolvency 35 SECTION 7.22 Rights and Immunities of Authorized Parity Lien Representatives 35 SECTION 7.23 38 Section 7.21 Intercreditor Agreements 36 SECTION 7.24 Agreement 38 Section 7.22 Force Majeure 36 SECTION 7.25 39 Section 7.23 U.S.A. Patriot Act 36 EXHIBIT 39 Exhibit A [Form of] Additional Parity Lien Debt Designation EXHIBIT Certificate Exhibit B [Form of of] Collateral Trust Joinder—Joinder – Additional Parity Lien Obligations EXHIBIT Debt Exhibit C [Form of of] Collateral Trust Joinder—Joinder – Additional Grantor COLLATERAL TRUST AGREEMENT This Collateral Trust Agreement (as amended, supplemented, amended and restated or otherwise modified from form time to time in accordance with Section 7.1 hereof, this “Agreement”) is dated as of August 16October 26, 2016 2015 and is by and among TRU TAJ LLC, a Delaware limited liability company (the “Issuer”), TRU Taj FinanceEXCO Resources, Inc., a Delaware Texas corporation (the “Co-Issuer” and, together with the IssuerCompany”), the “Issuers”) the other Grantors and Guarantors from time to time party hereto, Wilmington Trust, National AssociationXxxxxxx Watsa Investment Counsel Ltd., as Trustee Administrative Agent (as defined below), and Wilmington Trust, National Association, as Collateral Trustee (in such capacity and together with its successors in such capacity, the “Collateral Trustee”).

Appears in 1 contract

Samples: Collateral Trust Agreement (Exco Resources Inc)

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