Merger, Conversion or Consolidation of Collateral Agent. Any Person into which the Collateral Agent may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Collateral Agent shall be a party, or any Person succeeding to the business of the Collateral Agent shall be the successor of the Collateral Agent pursuant to Section 5.3, provided that (i) no execution or filing of any paper with any party hereto shall be required or any further act on the part of any of the parties hereto, except where an instrument of transfer or assignment is required by law to effect such merger, conversion, consolidation or succession; (ii) anything herein to the contrary notwithstanding, such successor Person shall satisfy the eligibility requirements specified in clauses (i) through (iii) of Section 5.2 and the provisions of Section 5.5 and (iii) the Collateral Agent shall notify the Company and each Trustee in writing of such merger, conversion, consolidation or succession at or prior to the consummation thereof.
Appears in 2 contracts
Sources: Collateral Agency and Intercreditor Agreement (CBL & Associates Limited Partnership), Collateral Agency and Intercreditor Agreement (CBL & Associates Limited Partnership)
Merger, Conversion or Consolidation of Collateral Agent. Any Person into which the Collateral Agent may be merged or converted or with which it may be consolidated, or any Person resulting from any merger, conversion or consolidation to which the Collateral Agent shall be a party, or any Person succeeding to the business of the Collateral Agent shall be the successor of the Collateral Agent pursuant to Section 5.3, provided that (i) no execution or filing of any paper with any party hereto shall be required or any further act on the part of any of the parties hereto, except where an instrument of transfer or assignment is required by law to effect such merger, conversion, consolidation or succession; (ii) anything herein to the contrary notwithstanding, such successor Person shall satisfy the eligibility requirements specified in clauses (i) through (iii) of Section 5.2 and the provisions of Section 5.5 and (iii) the Collateral Agent shall notify the Company and each of the Trustee and the Working Capital Facility Agent in writing of such merger, conversion, consolidation or succession at or prior to the consummation thereof.
Appears in 2 contracts
Sources: Priority Facility Agreement (Trico Marine Services Inc), Working Capital Facility Agreement (Trico Marine Services Inc)