Examples of Fixed Asset Collateral Agent in a sentence
Initial ABL Collateral Agent: BANK OF AMERICA, N.A., as Initial ABL Collateral Agent, By: Name: Title: 000 Xxxxxxx Xxxxxx Xxxxxx, XX 00000 Attention: Xxxxxx Xxxxxxx Facsimile: (000) 000-0000 Initial Fixed Asset Collateral Agent: BARCLAYS BANK PLC, as Initial Fixed Asset Collateral Agent By: Name: Title: 000 Xxxxxxx Xxxxxx Xxx Xxxx, XX 00000 Attention: Xxxxxxxxxxx X.
As used in the Agreement, the following terms shall have the following meanings: “ABL Intercreditor Agreement” means the Intercreditor Agreement, dated as of June 26, 2014, as amended by Amendment No. 1 to Intercreditor Agreement, dated as of the date hereof, by and among the Senior Priority Collateral Agent, the Junior Priority Collateral Agent, the Fixed Asset Collateral Agent (as defined therein) and the Grantors.
Each Fixed Asset Collateral Agent, on behalf of itself and the Fixed Asset Claimholders represented by it, acknowledges and agrees that each of the ABL Collateral Agents and the ABL Claimholders have made no express or implied representation or warranty, including with respect to the execution, validity, legality, completeness, collectability or enforceability of any of the ABL Loan Documents, the ownership of any Collateral or the perfection or priority of any Liens thereon.
It is understood and agreed that any Domestic Subsidiary of the Company that becomes a party to any ABL Collateral Document and Fixed Asset Collateral Document in favor of the ABL Claimholders and the Fixed Asset Claimholders may become a Grantor hereunder by executing a counterpart hereof and delivering same to each of the ABL Collateral Agent and the Controlling Fixed Asset Collateral Agent and upon such execution and delivery, such Subsidiary shall constitute a Grantor hereunder.
Each Fixed Asset Collateral Agent and the ABL Collateral Agent further agrees that it will not oppose, or support any party in opposing, the right of the other party to credit bid under Section 363(k) of the Bankruptcy Code, subject to the provision of the immediately preceding sentence.
The ABL Collateral Agent, on behalf of itself and the ABL Claimholders under the ABL Credit Documents, acknowledges and agrees that no Fixed Asset Collateral Agent nor any Fixed Asset Claimholder has made any express or implied representation or warranty, including with respect to the execution, validity, legality, completeness, collectibility or enforceability of any of the Fixed Asset Documents, the ownership of any Collateral or the perfection or priority of any Liens thereon.
Until the Discharge of Fixed Asset Obligations, the delivery of any Fixed Asset Priority Collateral to the Controlling Fixed Asset Collateral Agent pursuant to the applicable Fixed Asset Documents as bailee for the Collateral Agent shall satisfy any delivery requirement hereunder or under any other Secured Debt Agreement.
Until the Discharge of Fixed Asset Obligations, the delivery of any Fixed Asset Priority Collateral to the Controlling Fixed Asset Collateral Agent pursuant to the applicable Fixed Asset Documents as bailee for the Collateral Agent shall satisfy any delivery requirement hereunder or under any other Loan Document.
BANK OF AMERICA, N.A., as Initial Fixed Asset Administrative Agent and Initial Fixed Asset Collateral Agent By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director [Signature Page to the Intercreditor Agreement] BANK OF AMERICA, N.A., as ABL Administrative Agent and ABL Collateral Agent By: /s/ Xxxx X.
Each of the ABL Collateral Agent and each Fixed Asset Collateral Agent may demand specific performance of this Agreement.