Common use of Determinations Relating to Collateral Clause in Contracts

Determinations Relating to Collateral. Subject to the Intercreditor Agreement (and, if applicable, any Additional Intercreditor Agreement), in the event (i) the Trustee shall receive any written request from the Issuer, Rank Group Holdings Limited, Holdings I or the Security Agent under any Security Document for consent or approval with respect to any matter or thing relating to any Collateral or the Issuer’s obligations with respect thereto or (ii) there shall be due to or from the Trustee or the Security Agent under the provisions of any Security Document any material performance or the delivery of any material instrument or (iii) the Trustee shall become aware of any material nonperformance by the Issuer of any covenant or any material breach of any representation or warranty of the Issuer set forth in any Security Document, then, in each such event, the Trustee shall be entitled to hire, at the sole reasonable cost and expense of the Issuer, experts, consultants, agents and attorneys to advise the Trustee on the manner in which the Trustee should respond, or direct the Security Agent to respond to such request or render any requested performance or response to such nonperformance or breach. The Trustee shall be fully protected in accordance with Article VII hereof in the taking (or not taking) of any action recommended or approved by any such expert, consultant, agent or attorney and by indemnification or other security provided in accordance with Section 6.05 and other sections of this Indenture if such action is agreed to by Holders of a majority in principal amount of outstanding Securities pursuant to Section 6.05.

Appears in 2 contracts

Sources: Senior Notes Indenture (RenPac Holdings Inc.), Senior Subordinated Notes Indenture (RenPac Holdings Inc.)

Determinations Relating to Collateral. Subject to the 2013 Intercreditor Agreement Agreement, the First Lien Intercreditor Agreement, (and, if applicable, any Additional Intercreditor Agreement), in the event (i) the Trustee shall receive any written request from the IssuerIssuers, Rank Group Holdings LimitedRGHL, Holdings BP I or the Security Collateral Agent under any Security Document for consent or approval with respect to any matter or thing relating to any Collateral or the Issuer’s Issuers’ obligations with respect thereto or (ii) there shall be due to or from the Trustee or the Security Collateral Agent under the provisions of any Security Document any material performance or the delivery of any material instrument or (iii) the Trustee shall become aware of any material nonperformance by the Issuer Issuers of any covenant or any material breach of any representation or warranty of the Issuer Issuers set forth in any Security Document, then, in each such event, the Trustee shall be entitled to hire, at the sole reasonable cost and expense of the IssuerIssuers, experts, consultants, agents and attorneys to advise the Trustee on the manner in which the Trustee should respond, or direct the Security Collateral Agent to respond to such request or render any requested performance or response to such nonperformance or breach. The Trustee shall be fully protected in accordance with Article VII hereof in the taking (or not taking) of any action recommended or approved by any such expert, consultant, agent or attorney and by indemnification or other security provided in accordance with Section 6.05 and other sections of this Senior Secured Notes Indenture if such action is agreed to by Holders of a majority in principal amount of outstanding Securities Senior Secured Notes pursuant to Section 6.05.

Appears in 1 contract

Sources: Senior Secured Notes Indenture (Reynolds Group Holdings LTD)

Determinations Relating to Collateral. Subject to the 2007 Intercreditor Agreement Agreement, the First Lien Intercreditor Agreement, (and, if applicable, any Additional Intercreditor Agreement), in the event (i) the Trustee shall receive any written request from the IssuerIssuers, Rank Group Holdings LimitedRGHL, Holdings BP I or the Security Collateral Agent under any Security Document for consent or approval with respect to any matter or thing relating to any Collateral or the Issuer’s Issuers’ obligations with respect thereto or (ii) there shall be due to or from the Trustee or the Security Collateral Agent under the provisions of any Security Document any material performance or the delivery of any material instrument or (iii) the Trustee shall become aware of any material nonperformance by the Issuer Issuers of any covenant or any material breach of any representation or warranty of the Issuer Issuers set forth in any Security Document, then, in each such event, the Trustee shall be entitled to hire, at the sole reasonable cost and expense of the IssuerIssuers, experts, consultants, agents and attorneys to advise the Trustee on the manner in which the Trustee should respond, or direct the Security Collateral Agent to respond to such request or render any requested performance or response to such nonperformance or breach. The Trustee shall be fully protected in accordance with Article VII hereof in the taking (or not taking) of any action recommended or approved by any such expert, consultant, agent or attorney and by indemnification or other security provided in accordance with Section 6.05 and other sections of this Senior Secured Notes Indenture if such action is agreed to by Holders of a majority in principal amount of outstanding Securities Senior Secured Notes pursuant to Section 6.05.

Appears in 1 contract

Sources: Senior Secured Notes Indenture (RenPac Holdings Inc.)

Determinations Relating to Collateral. Subject to the 2007 UK Intercreditor Agreement Agreement, the First Lien Intercreditor Agreement, (and, if applicable, any Additional Intercreditor Agreement), in the event (i) the Trustee shall receive any written request from the IssuerIssuers, Rank Group Holdings LimitedRGHL, Holdings BP I or the Security Collateral Agent under any Security Document for consent or approval with respect to any matter or thing relating to any Collateral or the Issuer’s Issuers’ obligations with respect thereto or (ii) there shall be due to or from the Trustee or the Security Collateral Agent under the provisions of any Security Document any material performance or the delivery of any material instrument or (iii) the Trustee shall become aware of any material nonperformance by the Issuer Issuers of any covenant or any material breach of any representation or warranty of the Issuer Issuers set forth in any Security Document, then, in each such event, the Trustee shall be entitled to hire, at the sole reasonable cost and expense of the IssuerIssuers, experts, consultants, agents and attorneys to advise the Trustee on the manner in which the Trustee should respond, or direct the Security Collateral Agent to respond to such request or render any requested performance or response to such nonperformance or breach. The Trustee shall be fully protected in accordance with Article VII hereof in the taking (or not taking) of any action recommended or approved by any such expert, consultant, agent or attorney and by indemnification or other security provided in accordance with Section 6.05 and other sections of this Senior Secured Notes Indenture if such action is agreed to by Holders of a majority in principal amount of outstanding Securities Senior Secured Notes pursuant to Section 6.05.

Appears in 1 contract

Sources: Senior Secured Notes Indenture (Beverage Packaging Holdings (Luxembourg) v S.A.)