Trustee and Collateral Agent. The Trustee and the Additional Collateral Agent make no representations as to the validity or sufficiency of this Supplemental Indenture.
Trustee and Collateral Agent. (a) Notwithstanding anything herein to the contrary, it is hereby expressly agreed and acknowledged that the subordination and other agreements and obligations of the Trustee and Collateral Agent herein are made solely in its capacity as Trustee and Collateral Agent, respectively (and not in its individual capacity). Neither the Trustee nor the Collateral Agent shall have any duties, obligations or responsibilities to the Agent or any other Person under this Agreement except as expressly set forth herein. Nothing in this Agreement shall be construed to operate as a waiver by the Trustee or the Collateral Agent of the benefit of any exculpatory provisions, presumptions, indemnities, protections, benefits, immunities or reliance rights contained in the Indenture, all of which are incorporated herein by reference mutatis mutandis.
Trustee and Collateral Agent. WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee By: /s/ Quinton M. DePompolo Name: Quinton M. DePompolo Title: Assistant Vice President WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent By: /s/ Quinton M. DePompolo Name: Quinton M. DePompolo Title: Assistant Vice President EXHIBIT A [FORM OF FACE OF NOTE] [INCLUDE FOLLOWING LEGEND IF A GLOBAL NOTE] [UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION (“DTC”), TO THE COMPANY OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT HEREUNDER IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.] [INCLUDE FOLLOWING LEGEND IF A RESTRICTED SECURITY] [THIS SECURITY AND THE RELATED NOTE GUARANTEES AND THE COMMON STOCK, IF ANY, ISSUABLE UPON CONVERSION OF THIS SECURITY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH THE FOLLOWING SENTENCE. BY ITS ACQUISITION HEREOF OR OF A BENEFICIAL INTEREST HEREIN, THE ACQUIRER:
Trustee and Collateral Agent. Section 7.01 Duties of Trustee and Collateral Agent. 68 Section 7.02 Rights of Trustee and Collateral Agent. 69 Section 7.03 Individual Rights of Trustee and Collateral Agent. 70 Section 7.04 Trustee’s and Collateral Agent’s Disclaimers. 70 Section 7.05 Notice of Defaults. 71 Section 7.06 Reports by Trustee to Holders of the Notes. 71 Section 7.07 Compensation and Indemnity. 72 Section 7.08 Replacement of Trustee or Collateral Agent. 72 Section 7.09 Successor Trustee or Collateral Agent by Merger, etc. 73 Section 7.10 Eligibility; Disqualification. 73 Section 7.11 Preferential Collection of Claims Against Company. 74 ARTICLE 8 LEGAL DEFEASANCE AND COVENANT DEFEASANCE
Trustee and Collateral Agent. The predecessor Trustee and Collateral Agent shall deliver to the successor Trustee and Collateral Agent all documents, statements and monies held by it under the Agreement; and the Servicer and the predecessor Trustee and Collateral Agent shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Trustee and Collateral Agent all such rights, powers, duties and obligations.
Trustee and Collateral Agent. WILMINGTON SAVINGS FUND SOCIETY, FSB, as the Trustee and Collateral Agent By: /s/ Raye Goldsborough Name: Raye Goldsborough Title: Vice President Annex I Collateral and Credit Support for Securities Category 1– Certain Mall Assets • Brookfield Square • Dakota Square • Eastland Mall (including (Parcel(s) in Main Project)) • Harford Mall • Laurel Park Place • Meridian Mall (leasehold) • Mid Rivers Mall • Monroeville Mall and Annex • Monroeville Mall - Anchor • Monroeville Mall - District • Northpark Mall • Old Hickory Mall • Parkway Place • South County Center • St. Clair Square (fee) • St. Clair Square (leasehold) • Stroud Mall (leasehold) • Stroud Mall (fee) • York Galleria Certain Associated Centers & Other Properties • 840 Greenbrier Circle Category 2 None. Category 3 – • Alamance Crossing – West
Trustee and Collateral Agent. U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity, but solely as Trustee and Collateral Agent By: Name: Title: DESIGNEE: [●] By: Name: Title: DESIGNEE: [●] By: Name: Title: [SIGNATURE PAGE TO BELLATRIX INDENTURE SIDE LETTER] Confirmed and agreed to as of the date first above written: HOLDERS: [●], as a Holder By: Name: Title: By: Name: Title: [●], as a Holder By: Name: Title: [●], as a Holder By: Name: Title: [●], as a Holder By: Name: Title: [SIGNATURE PAGE TO BELLATRIX INDENTURE SIDE LETTER] Annex A Qualifying Note Holder List Exhibit A Joinder of Designee Reference is made to that certain Side Letter Agreement Regarding the Indenture and Note Documents, dated as of [●], 2019 (as amended, restated, amended and restated, modified or supplemented from time to time, the “Investor Side Letter”), by and among the Original Holders, other Holders that have joined the Side Letter in accordance with Section 18 thereof (but only in respect of the portion of their Notes constituting Qualifying Notes (as defined therein)), [●] and [●] jointly, as the Designee (as may be replaced from time to time), and Bellatrix Exploration Ltd., an Alberta, Canada corporation (the “Company”).