Examples of First Lien Collateral Trustee in a sentence
The First Lien Collateral Trustee is executing and delivering this Agreement solely in its capacity as such and pursuant to direction set forth in the applicable First Lien Documents; and in so doing, the First Lien Collateral Trustee shall not be responsible for the terms or sufficiency of this Agreement for any purpose.
The First Lien Collateral Trustee shall not have any duties or obligations under or pursuant to this Agreement other than such duties as may be expressly set forth in this Agreement as duties on its part to be performed or observed.
In entering into this Agreement, or in taking (or forbearing from) any action under or pursuant to this Agreement, the First Lien Collateral Trustee shall have and be protected by all of the rights, immunities, indemnities and other protections granted to it under the First Lien Documents.
The execution and delivery of such instrument shall not require the consent of any other party hereunder, and will be acknowledged upon receipt by the First Lien Collateral Trustee and the Designated Second Lien Representative.
If such right is exercised, the First Lien Secured Parties and the Second Lien Secured Parties shall endeavor to close promptly thereafter but in any event within ten (10) Business Days of the request; provided that the foregoing shall not impose upon the First Lien Collateral Trustee any obligations to the extent it has not received directions to its satisfaction as provided under the Collateral Trust Agreement.
Except for the limited agreements of the First Lien Collateral Trustee pursuant to Section 5.05 hereof, none of the First Lien Secured Parties shall be responsible for perfecting or maintaining the perfection of Liens with respect to any Shared Collateral for the benefit of any of the Second Lien Secured Parties.
The First Lien Secured Parties have appointed the First Lien Collateral Trustee as collateral trustee on their behalf pursuant to the Collateral Trust Agreement and the First Lien Collateral Trustee represents and warrants that it has duly accepted such appointment.
In connection with its appointment and acting hereunder (i) the Existing First Lien Collateral Trustee is entitled to all rights, privileges, protections, immunities, benefits and indemnities provided to it under the 2011 Indenture and (ii) the Existing Second Lien Collateral Trustee is entitled to all rights, privileges, protections, immunities, benefits and indemnities provided to it under the 2012 Indenture.
The First Lien Collateral Trustee may rely on a certificate of the Company stating that such amendment, restatement, supplement or other modification does not contravene any Secured Debt Document.
The parties hereto agree that the requirements of this Agreement to give control of any Note Priority Collateral to the Collateral Agent shall be deemed satisfied so long as such control is in place with the First Lien Collateral Trustee acting for the benefit of the Secured Parties pursuant to the terms of the Intercreditor Agreement.