Examples of Notes Collateral Trustee in a sentence
The rights, protections and indemnities provided to the Initial Notes Trustee and Notes Collateral Trustee under the Indenture, Intercreditor Agreement and Security Documents shall apply to any action or inaction of the Initial Notes Trustee and Notes Collateral Trustee hereunder or in connection herewith.
Each of the North America ABL Agent and the Notes Collateral Trustee, on behalf of itself and the other North America ABL Claimholders and the Notes Pari Passu Lien Claimholders, respectively, hereby waives any right it may have under applicable law to revoke this Agreement or any of the provisions of this Agreement.
The provisions of this Agreement are and are intended solely for the purpose of defining the relative rights of (a) the North America ABL Agent and the other North America ABL Claimholders and (b) the Notes Collateral Trustee and the other Notes Pari Passu Lien Claimholders.
Email: xxxxxxx@xxxxxxxxxxxx.xxx [Signature Page to Intercreditor Agreement] NOTES COLLATERAL TRUSTEE: WILMINGTON TRUST, NATIONAL ASSOCIATION, as Notes Collateral Trustee By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Vice President Wilmington Trust, National Association 00 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxxxxxx, XX 00000 Attn: Real Alloy Holding Inc.
The New North America ABL Agent shall agree in a writing addressed to the Notes Collateral Trustee and the other Notes Pari Passu Lien Claimholders to be bound by the terms of this Agreement.
Upon delivery of such notice by the North America ABL Agent to the Notes Collateral Trustee, the parties shall confer in good faith to coordinate with respect to the North America ABL Agent’s exercise of such access rights.
The Issuer issued the Notes under an Indenture dated as of January 8, 2015, as amended or supplemented to date, and as further supplemented by the Third Supplemental Indenture (the “Third Supplemental Indenture”) dated as of the date hereof (the “Indenture”), among the Issuer, Intermediate Holdings, and Wilmington Trust, National Association (the “Initial Notes Trustee” and, together with the Roll-Up Notes Agent, each a “Trustee”), as Trustee and Notes Collateral Trustee.
All notices to the Notes Pari Passu Lien Claimholders and the North America ABL Claimholders permitted or required under this Agreement shall also be sent to the Notes Collateral Trustee and the North America ABL Agent, respectively.
Reference is made to the Intercreditor Agreement dated as of January 8, 2015, among General Electric Capital Corporation, as North America ABL Agent; Wilmington Trust, National Association, as Notes Collateral Trustee; Real Alloy Intermediate Holding, LLC; the Issuer; and the Guarantors from time to time party thereto, as it may be amended from time to time in accordance with the Indenture (the “Intercreditor Agreement”), the DIP Order and the DIP Documents.
The Notes Collateral Trustee, on behalf of itself and the other Notes Pari Passu Lien Claimholders, acknowledges and agrees that each of the North America ABL Agent and the other North America 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 North America ABL Loan Documents, the ownership of any Collateral or the perfection or priority of any Liens thereon.