Common Collateral Agent definition
Examples of Common Collateral Agent in a sentence
The Common Collateral Agent and any such sub-agent may perform any and all of its duties and exercise its rights and powers by or through their respective related parties.
Such Person and its affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with any Credit Party or any subsidiary of a Credit Party or other affiliate thereof as if such Person were not the Common Collateral Agent hereunder and without any duty to account therefor to the Secured Parties.
Notwithstanding any provision of any Notes Documents or ABL Documents to the contrary, the Common Collateral Agent is not obliged to expend or risk its own funds or otherwise incur any financial liability in the performance of its duties, obligations or responsibilities or the exercise of any right, power, authority or discretion if it has grounds for believing the repayment of such funds or adequate indemnity against, or security for, such risk or liability is not reasonably assured to it.
The exculpatory provisions of this Section 3.11 shall apply to any such sub-agent and to the related parties of the Common Collateral Agent and any such sub-agent, and shall apply to their respective activities in connection with the Foreign Collateral.
After the retiring Common Collateral Agent’s resignation or removal hereunder and under the other Foreign Security Documents, the provisions of this Section 3.11 shall continue in effect for the benefit of such retiring Common Collateral Agent, its sub-agents and their respective related parties in respect of any actions taken or omitted to be taken by any of them while the retiring Common Collateral Agent was acting as Common Collateral Agent.