Examples of Revolving Facility Collateral Agent in a sentence
The ABL Facility Collateral Agent, the First-Lien Revolving Facility Collateral Agent, the Trustee and each Other First-Priority Lien Obligations Administrative Agent hereby appoint the ABL Facility Collateral Agent to act as “Intercreditor Agent” on their behalf pursuant to the Junior Lien Intercreditor Agreement (the “Intercreditor Agent”).
The First-Lien Revolving Facility Collateral Agent, the Trustee, the Notes Collateral Agent, each Other First-Priority Lien Obligations Collateral Agent and each Other First-Priority Lien Obligations Administrative Agent represents and warrants to the other parties hereto that it is authorized under the First-Lien Revolving Facility, the Indenture or the applicable Other First-Priority Lien Obligations Credit Documents, respectively, to enter into this Agreement.
This Agreement is supplemental to that certain First-Priority Intercreditor Agreement, dated as of [ ], 2012 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”), between the First-Lien Revolving Facility Collateral Agent, the Trustee, the Notes Collateral Agent, Holdings, the Company and the other parties signatory thereto.
Each Collateral Agent, the ABL Facility Collateral Agent, the First-Lien Revolving Facility Collateral Agent, the Trustee and each Other First-Priority Lien Obligations Administrative Agent represents and warrants to the other parties hereto that it is authorized under the ABL Facility, the First-Lien Revolving Facility, the Indenture or the applicable Other First-Priority Lien Obligations Credit Documents, as applicable, to enter into this Agreement.
The First-Lien Revolving Facility Collateral Agent, the Trustee and each Other First-Priority Lien Obligations Administrative Agent will work jointly and in good faith to collect, adjust or settle (subject to the rights of the Grantors under the First-Lien Revolving Facility Documents, the First-Lien Note Documents and the applicable Other First-Priority Lien Obligations Documents) under the relevant insurance policy.
Each Lender hereunder: (a) consents to the subordination of Liens provided for in the Intercreditor Agreement, (b) agrees that it will be bound by and will take no actions contrary to the provisions of the Intercreditor Agreement and (c) authorizes and instructs the Revolving Facility Collateral Agent (as defined in the Intercreditor Agreement) to enter into the Intercreditor Agreement as Revolving Facility Collateral Agent and on behalf of such Lender.
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Neither the Revolving Facility Collateral Agent nor the Term Debt Collateral Agent shall have individual liability to any Person if it shall mistakenly pay over or distribute to any Secured Party (or the Company) any amounts in violation of the terms of this Agreement, so long as the Revolving Facility Collateral Agent or Term Debt Collateral Agent, as the case may be, is acting in good faith.
Neither the Revolving Facility Collateral Agent nor the Term Debt Collateral Agent shall have any liability or responsibility for the actions or omissions of any other Secured Party, or for any other Secured Party’s compliance with (or failure to comply with) the terms of this Agreement.
If the Revolving Facility Collateral Agent conducts a public auction or private sale of the Revolving Facility First Lien Collateral at any of the real property included within the Term Debt First Lien Collateral, the Revolving Facility Collateral Agent shall provide the Term Debt Collateral Agent with reasonable notice and use reasonable efforts to hold such auction or sale in a manner which would not unduly disrupt the Term Debt Collateral Agent’s use of such real property.