Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except: (a) as directed by an Act of Required Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Document; (b) as required by Article 4; (c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or (d) for the subordination of the Liens on the Collateral securing the Parity Lien Obligations to the Liens on the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor Agreement.
Appears in 2 contracts
Sources: Collateral Trust Agreement (Viasystems Group Inc), Collateral Trust Agreement (Viasystems Inc)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Junior Trust Estate and the Junior Liens on to the Collateral securing Senior Trust Estate and the Parity Lien Obligations to the Liens on the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 2 contracts
Sources: Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (EFIH Finance Inc.)
Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except:
(a) as directed by an Act of Required Debtholders Secured Parties accompanied by an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or;
(d) for the subordination of the Junior Trust Estate and the Junior Liens on the Collateral securing the Parity Lien Obligations to the Liens on Senior Trust Estate and the Collateral securing any Priority Liens; or
(e) as provided in the Crossing Lien Obligations to the extent required by the Intercreditor Agreement.
Appears in 2 contracts
Sources: Collateral Agency Agreement, Collateral Agency Agreement (Gogo Inc.)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Instructing Debtholders accompanied by an Officers’ ' Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Liens on the Collateral securing Junior Trust Estate and the Parity Lien Obligations Liens to the Liens on Senior Trust Estate and the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 2 contracts
Sources: Collateral Trust Agreement (Midwest Generation LLC), Collateral Trust Agreement (Midwest Generation LLC)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders Secured Parties accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Liens on the Collateral securing Junior Trust Estate and the Parity Lien Obligations Liens to the Liens on Senior Trust Estate and the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 2 contracts
Sources: Collateral Trust Agreement (Carmike Cinemas Inc), Collateral Trust Agreement (Carmike Cinemas Inc)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Junior Trust Estate and the Junior Liens on the Collateral securing the Parity Lien Obligations to the Liens on Senior Trust Estate and the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 1 contract
Sources: Collateral Trust Agreement (Satelites Mexicanos Sa De Cv)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable (after any applicable appeals to the extent such order has been stayed) order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Junior Trust Estate and the Junior Liens on to the Collateral securing Senior Trust Estate and the Parity Lien Obligations to the Liens on the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 1 contract
Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except:
(a) as directed by an Act of Required Debtholders Secured Parties accompanied by an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Junior Trust Estate and the Junior Liens on the Collateral securing the Parity Lien Obligations to the Liens on Senior Trust Estate and the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 1 contract
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Parity Lien Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination or release of the Liens on the Collateral securing the Parity Lien Obligations pursuant to the Liens on the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor Agreement.
Appears in 1 contract
Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except:
(a) as directed by an Act of Required Instructing Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable non-appealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Liens on the Collateral securing Junior Trust Estate and the Parity Lien Obligations Liens to the Liens on Senior Trust Estate and the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 1 contract
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Junior Trust Estate and the Junior Liens on to the Collateral securing Senior Trust Estate and the Parity Lien Obligations to the Liens on the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 1 contract
Sources: Collateral Trust Agreement (Terremark Worldwide Inc.)
Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ Officer’s Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4V;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) in the case of subordination, for the subordination of the Junior Priority Liens on the Collateral securing the Parity Lien Obligations to the Liens on the Collateral securing any Senior Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 1 contract
Sources: Collateral Trust Agreement (ICO Global Communications (Holdings) LTD)
Release or Subordination of Liens. The Collateral Trustee Agent will not release or subordinate any Lien of the Collateral Trustee Agent or consent to the release or subordination of any Lien of the Collateral TrusteeAgent, except:
(a) as directed by an Act of Required Instructing Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable non-appealable order or judgment of a court of competent jurisdiction; or;
(d) for the subordination of the Liens on the Collateral securing Junior Trust Estate and the Parity Lien Obligations Liens to the Senior Trust Estate and the Priority Liens; or
(e) for the subordination of the Trust Estates, Priority Liens on the Collateral securing any Priority Lien Obligations and Parity Liens to the extent required by the Intercreditor AgreementPermitted Prior Liens.
Appears in 1 contract
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Junior Trust Estate and the Junior Liens on the Collateral securing the Parity Lien Obligations to the Senior Trust Estate and the Priority Liens on the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor Agreementas provided for herein.
Appears in 1 contract
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ ' Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Junior Trust Estate and the Junior Liens on the Collateral securing the Parity Lien Obligations to the Senior Trust Estate and the Priority Liens on the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor Agreementas provided for herein.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders Secured Parties accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable non-appealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Liens on the Collateral securing Trust Estate and the Parity Lien Obligations to the Liens on the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor Agreement.
Appears in 1 contract
Sources: Collateral Trust Agreement (Alliance One International, Inc.)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or;
(d) for the subordination of the Liens on the Collateral securing Junior Trust Estate and the Parity Lien Obligations Liens to the Liens on Senior Trust Estate and the Priority Liens; or
(e) releases of ABL Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor Agreement.
Appears in 1 contract
Sources: Collateral Trust Agreement (NewPage Energy Services LLC)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders Creditors accompanied by an Officers’ Officer's Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of (i) the Liens on the Collateral securing Junior Trust Estate and the Parity Lien Obligations Liens to the Liens on Senior Trust Estate and the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 1 contract
Sources: Collateral Trust Agreement (Belden & Blake Corp /Oh/)
Release or Subordination of Liens. The Collateral Trustee will not release or subordinate any Lien of the Collateral Trustee or consent to the release or subordination of any Lien of the Collateral Trustee, except:
(a) as directed by an Act of Required Debtholders accompanied by an Officers’ ' Certificate to the effect that the release or subordination was permitted by each applicable Parity Lien Secured Debt Document;
(b) as required by Article 4;
(c) as ordered pursuant to applicable law under a final and nonappealable order or judgment of a court of competent jurisdiction; or
(d) for the subordination of the Liens on the Collateral securing Junior Trust Estate and the Parity Lien Obligations Liens to the Liens on Senior Trust Estate and the Collateral securing any Priority Lien Obligations to the extent required by the Intercreditor AgreementLiens.
Appears in 1 contract
Sources: Collateral Trust Agreement (Builders FirstSource, Inc.)