Common use of Specified Releases of Collateral Clause in Contracts

Specified Releases of Collateral. (a) Collateral shall be released from the Liens created by the Security Documents at any time or from time to time in accordance with the provisions of the Security Documents and this Agreement. The Liens securing the Collateral shall be automatically released without the need for further action by any Person under any one or more of the following circumstances: (i) in part, as to any property that is sold, transferred, disbursed or otherwise disposed of by the Company or any Guarantor (other than to the Company, any Guarantor, any Subsidiary of the Company or any Affiliate of the foregoing) in a transaction expressly permitted by this Agreement, the Security Documents and the other Agreement Documents at the time of such sale, transfer, disbursement or disposition; (ii) in whole or in part, with the consent of the Holders of a Minimum Principal Amount of Notes in accordance with the provisions in Section 10.02; (iii) in whole with respect to the Collateral of any Guarantor, upon the release of the Note Guarantee of such Guarantor in accordance with this Agreement; (iv) in whole or in part, as applicable, as to all or any portion of the Collateral which has been taken by eminent domain, condemnation or similar circumstances; and (v) in part, in accordance with the applicable provisions of the Security Documents and this Agreement. (b) Upon a release in accordance with Section 17.04(a) and the request of the Company that a specified release of Collateral is requested and delivery of an Officer’s Certificate and an Opinion of Counsel (to the extent requested by Collateral Agent) confirming the satisfaction of the requirements under this Agreement and the Security Documents, as applicable, have been met, and any instruments of termination, satisfaction or release prepared by the Company or the Guarantors, as the case may be, the Collateral Agent, with the consent of the Representative and at the expense of the Company or the Guarantors, shall execute, deliver or acknowledge such instruments or releases (in form and substance reasonably satisfactory to the Collateral Agent and the Representative) reasonably requested by the Company in order to evidence the release from the Liens created by the Security Documents of any Collateral permitted to be released pursuant

Appears in 1 contract

Samples: Supplemental Agreement (Appgate, Inc.)

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Specified Releases of Collateral. (a) Collateral shall be released from the Liens created by the Security Documents at any time or from time to time in accordance with the provisions of the Security Documents and this Agreement. The Liens securing the Collateral shall be automatically released without the need for further action by any Person under any one or more of the following circumstances: (i) in part, as to any property that is sold, transferred, disbursed or otherwise disposed of by the Company or any Guarantor (other than to the Company, any Guarantor, any Subsidiary of the Company or any Affiliate of the foregoing) in a transaction expressly permitted by this Agreement, the Security Documents and the other Agreement Documents at the time of such sale, transfer, disbursement or disposition; (ii) in whole or in part, with the consent of the Holders of a Minimum Principal Amount of Notes in accordance with the provisions in Section 10.02; (iii) in whole with respect to the Collateral of any Guarantor, upon the release of the Note Guarantee of such Guarantor in accordance with this Agreement; (iv) in whole or in part, as applicable, as to all or any portion of the Collateral which has been taken by eminent domain, condemnation or similar circumstances; and (v) in part, in accordance with the applicable provisions of the Security Documents and this Agreement. (b) Upon a release in accordance with Section 17.04(a) and the request of the Company that a specified release of Collateral is requested and delivery of an Officer’s Certificate and an Opinion of Counsel (to the extent requested by Collateral Agent) confirming the satisfaction of the requirements under this Agreement and the Security Documents, as applicable, have been met, and any instruments of termination, satisfaction or release prepared by the Company or the Guarantors, as the case may be, the Collateral Agent, with the consent of the Representative and at the expense of the Company or the Guarantors, shall execute, deliver or acknowledge such instruments or releases (in form and substance reasonably satisfactory to the Collateral Agent and the Representative) reasonably requested by the Company in order to evidence the release from the Liens created by the Security Documents of any Collateral permitted to be released pursuantpursuant to this Agreement or the Security Documents, any such release to be made without any recourse, representation or warranty of the Collateral Agent.

Appears in 1 contract

Samples: Note Issuance Agreement (Appgate, Inc.)

Specified Releases of Collateral. (a) Collateral shall be released from the Liens created by the Security Documents at any time or from time to time in accordance with the provisions of the Security Documents and this Agreement. The Liens securing the Collateral shall be automatically released without the need for further action by any Person under any one or more of the following circumstances: (i) in part, as to any property that is sold, transferred, disbursed or otherwise disposed of by the Company Borrower or any Guarantor (other than to the CompanyBorrower, any Guarantor, any Subsidiary of the Company Borrower or any Affiliate of the foregoing) in a transaction expressly permitted by this Agreement, the Security Documents and the other Agreement Loan Documents at the time of such sale, transfer, disbursement or disposition; (ii) in whole or in part, with the consent of the Holders of a Minimum Principal Amount of Notes in accordance with the provisions in Section 10.02Lender; (iii) in whole with respect to the Collateral of any Guarantor, upon the release of the Note Guarantee Guaranty of such Guarantor in accordance with this Agreement; (iv) in whole or in part, as applicable, as to all or any portion of the Collateral which has been taken by eminent domain, condemnation or similar circumstances; and (v) in part, in accordance with the applicable provisions of the Security Documents and this Agreement. (b) Upon a release in accordance with Section 17.04(a8.04(a) and the request of the Company Borrower pursuant to an Officer’s Certificate (in form and substance reasonably satisfactory to the Lender) that a specified release of Collateral is requested in accordance therewith and delivery of an Officer’s Certificate and an Opinion of Counsel (to the extent requested by Collateral Agent) confirming the satisfaction of the requirements under this Agreement and the Security Documents, as applicable, have been met, and any instruments of termination, satisfaction or release prepared by the Company Borrower or the Guarantors, as the case may be, the Collateral Agent, with the consent of the Representative Lender and at the expense of the Company Borrower or the Guarantors, shall execute, deliver or acknowledge such instruments or releases (in form and substance reasonably satisfactory to the Collateral Agent and the RepresentativeLender) reasonably requested by the Company Borrower in order to evidence the release from the Liens created by the Security Documents of any Collateral permitted to be released pursuantpursuant to this Agreement or the Security Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Appgate, Inc.)

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Specified Releases of Collateral. (a) Collateral shall be released from the Liens created by the Security Documents at any time or from time to time in accordance with the provisions of the Security Documents and this Agreement. The Liens securing the Collateral shall be automatically released without the need for further action by any Person under any one or more of the following circumstances: (i) in part, as to any property that is sold, transferred, disbursed or otherwise disposed of by the Company Borrower or any Guarantor (other than to the CompanyBorrower, any Guarantor, any Subsidiary of the Company Borrower or any Affiliate of the foregoing) in a transaction expressly permitted by this Agreement, the Security Documents and the other Agreement Loan Documents at the time of such sale, transfer, disbursement or disposition; (ii) in whole or in part, with the consent of the Holders of a Minimum Principal Amount of Notes in accordance with the provisions in Section 10.02Lender; (iii) in whole with respect to the Collateral of any Guarantor, upon the release of the Note Guarantee Guaranty of such Guarantor in accordance with this Agreement; (iv) in whole or in part, as applicable, as to all or any portion of the Collateral which has been taken by eminent domain, condemnation or similar circumstances; and (v) in part, in accordance with the applicable provisions of the Security Documents and this Agreement. (b) Upon a release in accordance with Section 17.04(a8.04(a) and the request of the Company Borrower pursuant to an Officer’s Certificate (in form and substance reasonably satisfactory to the Lender) that a specified release of Collateral is requested in accordance therewith and delivery of an Officer’s Certificate and an Opinion of Counsel (to the extent requested by Collateral Agent) confirming the satisfaction of the requirements under this Agreement and the Security Documents, as applicable, have been met, and any instruments of termination, satisfaction or release prepared by the Company Borrower or the Guarantors, as the case may be, the Collateral Agent, with the consent of the Representative Lender and at the expense of the Company Borrower or the Guarantors, shall execute, deliver or acknowledge such instruments or releases (in form and substance reasonably satisfactory to the Collateral Agent and the RepresentativeLender) reasonably requested by the Company Borrower in order to evidence the release from the Liens created by the Security Documents of any Collateral permitted to be released pursuantpursuant to this Agreement or the Security Documents. Section 8.05

Appears in 1 contract

Samples: Revolving Credit Agreement and Pledge and Security Agreement (Appgate, Inc.)

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