Examples of Notes Security Agent in a sentence
The terms and provisions contained in the Notes will constitute, and are hereby expressly made, a part of this Indenture and the Issuer, the Guarantors, the Trustee and the Notes Security Agent, by their execution and delivery of this Indenture, expressly agree to such terms and provisions and to be bound thereby.
Every right and remedy given by this Article 6 or by law to the Trustee, the Notes Security Agent or to the Holders may be exercised from time to time, and as often as may be deemed expedient, by the Trustee, the Notes Security Agent or by the Holders, as the case may be.
For the avoidance of doubt, the rights, privileges, protections, immunities and benefits given to the Trustee in this Section 7.07, including its right to be indemnified, are extended to, and shall be enforceable by the Trustee in each of its capacities hereunder, under the Intercreditor Agreement and any Additional Intercreditor Agreement and by each agent (including the Agents) and the Notes Security Agent, any custodian and any other Person employed with due care to act as agent hereunder.
The Issuer’s and any Guarantor’s payment obligations pursuant to this Section 7.07 and any lien arising thereunder shall survive the satisfaction or discharge of this Indenture, any rejection or termination of this Indenture under any Bankruptcy Law or the resignation or removal of the Trustee, the Notes Security Agent and the Agents.
The Issuer and each Guarantor, if any, jointly and severally, shall reimburse the Notes Security Agent upon request for all out-of-pocket expenses incurred or made by it (as evidenced in an invoice from the Notes Security Agent), including without limitation costs of collection, in addition to the compensation for its services.
The Trustee and the Notes Security Agent shall sign any amendment authorized pursuant to this Article 9 if the amendment does not impose any personal obligations on the Trustee or the Notes Security Agent or adversely affect the rights, duties, liabilities or immunities of the Trustee and the Notes Security Agent under this Indenture, the Notes Security Documents and the Intercreditor Agreement, as applicable.
The Trustee shall be under no obligation to monitor or supervise the functions of the Notes Security Agent under the Notes Security Documents and shall be entitled to assume that the Notes Security Agent is properly performing its functions and obligations thereunder and the Trustee shall not be responsible for any diminution in the value of or loss occasioned to the assets subject thereto by reason of the act or omission by the Notes Security Agent in relation to its functions thereunder.
If it does, the Trustee or the Notes Security Agent may, but need not, sign it.
This Section 6.11 does not apply to a suit by the Trustee, the Notes Security Agent or a Paying Agent, a suit by a Holder pursuant to Section 6.07 or a suit by Holders of more than 10% in principal amount of the Notes then outstanding.
Subject to this Section 9.05 and the terms of the Intercreditor Agreement, the Notes Security Agent shall at the direction of the Trustee sign amendments to this Indenture.