Majority Secured Party decisions. The Intercreditor Agent shall not: (i) instruct the Security Trustee with regards to the conduct of any Enforcement Action (following the issuance of any Enforcement Direction) in accordance with the Intercreditor Agreement; (ii) approve any Post-Completion Security in accordance with Clause 5.6(b)(ii); (iii) approve any security agreement in respect of: (A) any equipment referred to in the definition of Equity; or (B) any Put Option Shares in accordance with the Put Option Undertaking Agreement; (iv) confirm that it is satisfied that the Secured Parties shall have a first ranking Security Interest in respect of any Permitted Investment in accordance with Clause 26.14(c)(ii); (v) unless the provisions of any Finance Document otherwise provide, give any consent or approval in respect of any Modification that has the effect of changing or that relates to any Security Document; or (vi) give any consent in accordance with clause 4.3(a)(v), clause 4.5, clause 4.9(a)(v), clause 5.2(b), clause 5.4, clause 6.2(b), clause 6.4, clause 6.5(b), clause 6.6(b) or clause 17.2 of the Intercreditor Agreement, in each case unless instructed to do so by the Majority Secured Parties in accordance with Clause 28.1(h) and where, in respect of any instruction referred to in Clause 28.2(b)(i) the Majority Secured Parties providing such instruction include at least one of the GIEK Facility Lender and the KEXIM Facility Lender.
Appears in 2 contracts
Sources: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Amendment and Restatement Agreement (Pacific Drilling S.A.)
Majority Secured Party decisions. The Intercreditor Agent shall not:
(i) instruct the Security Trustee with regards to the conduct of any Enforcement Action (following the issuance of any Enforcement Direction) in accordance with the Intercreditor Agreement;
(ii) approve any Post-Completion Security in accordance with Clause 5.6(b)(ii);
(iii) approve any security agreement in respect of:
(A) of any equipment referred to in the definition of Equity; or
(B) any Put Option Shares in accordance with the Put Option Undertaking Agreement;
(iv) confirm that it is satisfied that the Secured Parties shall have a first ranking Security Interest in respect of any Permitted Investment in accordance with Clause 26.14(c)(ii);
(v) unless the provisions of any Finance Document otherwise provide, give any consent or approval in respect of any Modification that has the effect of changing or that relates to any Security Document; or
(vi) give any consent in accordance with clause 4.3(a)(v), clause 4.5, clause 4.9(a)(v), clause 5.2(b5.4, clause 5.5(b), clause 5.45.6, clause 6.2(b5.7(e), clause 6.2(b)(i)(A), clause 6.4, clause 6.5(b), clause 6.6(b6.6, clause 7.2(a)(ii), clause 7.4, clause 7.5(b), clause 7.6(b) or clause 17.2 19.2 of the Intercreditor Agreement, in each case unless instructed to do so by the Majority Secured Parties in accordance with Clause 28.1(h) and where, in respect of any instruction referred to in Clause 28.2(b)(i) the Majority Secured Parties providing such instruction include at least one of the GIEK Facility Lender and the KEXIM Facility Lender.
Appears in 1 contract
Sources: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.)