Common use of Security Matters Clause in Contracts

Security Matters. (a) As may be applicable at any time, the Lenders (including the Issuing Bank and the Swingline Lender) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Guarantor from its obligations under this Agreement and the other Credit Documents if such Person ceases to be a Guarantor as a result of a transaction permitted under the Credit Documents (including, for the avoidance of doubt, if such Person is released as a Guarantor in accordance with Section 4.9(b)). Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release any Guarantor from its obligations under this Agreement pursuant to this Section, provided that neither the request nor the delivery of such confirmation shall be a condition to or shall cause any delay in the provision of any release permitted, required or requested in accordance with Section 4.9(b). (b) As may be applicable at any time, anything contained in any of the Credit Documents to the contrary notwithstanding, each of the Credit Parties, the Administrative Agent and each holder of the Obligations hereby agrees that no holder of the Obligations shall have any right individually to enforce this Agreement, the Notes or any other Credit Document, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by the Administrative Agent, on behalf of the holders of the Obligations in accordance with the terms hereof and, as may be applicable at any time, all powers, rights and remedies under any Credit Documents may be exercised solely by the Administrative Agent. (c) As may be applicable at any time, no Swap Contract or Treasury Management Agreement will create (or be deemed to create) in favor of any Swap Bank or any Treasury Management Banks, respectively that is a party thereto any rights in connection with the obligations of the Borrower or any other Credit Party under the Credit Documents except as expressly provided herein or in the other Credit Documents.

Security Matters. (a) As may be applicable at any time, the Lenders (including the Issuing Bank and the Swingline Lender) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Guarantor from its obligations under this Agreement and the other Credit Documents if such Person ceases to be a Guarantor as a result of a transaction permitted under the Credit Documents (including, for the avoidance of doubt, if such Person is released as a Guarantor in accordance with Section 4.9(b))Documents. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release any Guarantor from its obligations under this Agreement pursuant to this Section, provided that neither the request nor the delivery of such confirmation shall be a condition to or shall cause any delay in the provision of any release permitted, required or requested in accordance with Section 4.9(b). (b) As may be applicable at any time, anything contained in any of the Credit Documents to the contrary notwithstanding, each of the Credit Parties, the Administrative Agent and each holder of the Obligations hereby agrees that no holder of the Obligations shall have any right individually to enforce this Agreement, the Notes or any other Credit Document, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by the Administrative Agent, on behalf of the holders of the Obligations in accordance with the terms hereof and, as may be applicable at any time, all powers, rights and remedies under any Credit Loan Documents may be exercised solely by the Administrative Agent. (c) As may be applicable at any time, no Swap Contract or Treasury Management Agreement will create (or be deemed to create) in favor of any Swap Bank or any Treasury Management Banks, respectively that is a party thereto any rights in connection with the obligations of the Borrower or any other Credit Party under the Credit Documents except as expressly provided herein or in the other Credit Documents.

Security Matters. (a) As may be applicable at any time, the Lenders (including the Issuing Bank and the Swingline Lender) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Guarantor from its obligations under this Agreement and the other Credit Documents if such Person ceases to be a Guarantor as a result of a transaction permitted under the Credit Documents (including, for the avoidance of doubt, if such Person is released as a Guarantor in accordance with Section 4.9(b))Documents. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release any Guarantor from its obligations under this Agreement pursuant to this Section, provided that neither the request nor the delivery of such confirmation shall be a condition to or shall cause any delay in the provision of any release permitted, required or requested in accordance with Section 4.9(b).113 (b) As may be applicable at any time, anything contained in any of the Credit Documents to the contrary notwithstanding, each of the Credit Parties, the Administrative Agent and each holder of the Obligations hereby agrees that no holder of the Obligations shall have any right individually to enforce this Agreement, the Notes or any other Credit Document, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by the Administrative Agent, on behalf of the holders of the Obligations in accordance with the terms hereof and, as may be applicable at any time, all powers, rights and remedies under any Credit Documents may be exercised solely by the Administrative Agent. (c) As may be applicable at any time, no Swap Contract or Treasury Management Agreement will create (or be deemed to create) in favor of any Swap Bank or any Treasury Management Banks, respectively that is a party thereto any rights in connection with the obligations of the Borrower or any other Credit Party under the Credit Documents except as expressly provided herein or in the other Credit Documents.

Security Matters. (a) As may Certified copies of all notices of assignment and/or charge required to be applicable at any timedelivered pursuant to the Amended and Restated Collateral Agreement, the Lenders (including the Issuing Bank Amended and the Swingline Lender) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Guarantor from its obligations under this Restated Pledge Agreement and the other Credit Documents if such Person ceases to be a Guarantor as a result Borrower Additional Pledge of a transaction permitted under the Credit Documents (including, for the avoidance of doubt, if such Person is released as a Guarantor in accordance with Section 4.9(b)). Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release any Guarantor from its obligations under this Agreement pursuant to this Section, provided that neither the request nor the delivery of such confirmation shall be a condition to or shall cause any delay in the provision of any release permitted, required or requested in accordance with Section 4.9(b)Accounts. (b) As Each Obligor (or legal advisers to the Lenders) shall have filed: (i) proper financing statements (Form UCC-1 or such other financing statements or similar notices as shall be required by local law) fully executed for filing under the UCC or other appropriate filing offices of each jurisdiction as may be applicable at any time, anything contained in any of necessary to perfect a Lien purported to be created by the Credit Documents to the contrary notwithstanding, each of the Credit Parties, the Administrative Agent Amended and each holder of the Obligations hereby agrees that no holder of the Obligations shall have any right individually to enforce this Restated Collateral Agreement, the Notes Amended and Restated Pledge Agreement and the Borrower Additional Pledge of Accounts; (ii) certified copies of requests for information or copies (Form UCC-11), or equivalent reports, listing all judgement liens, tax liens or effective financing statements that name the Obligors or any of their Subsidiaries, or a division or other Credit Documentoperating unit of any such person, it being understood as debtor and agreed that all powersare filed in the jurisdictions referred to in paragraph (i) above, rights and remedies hereunder may be exercised solely together with copies of such other financing statements evidencing any Lien permitted by the Administrative Agent, clause 22.2 (Limitations on behalf Liens) of the holders Amended and Restated Facility Agreement; (iii) evidence of the Obligations in accordance completion of all other recordings and filings of, or with respect to, the terms hereof andAmended and Restated Collateral Agreement, the Amended and Restated Pledge Agreement and the Borrower Additional Pledge of Accounts as may be applicable at necessary to perfect any time, Lien intended to be created by such documents; (iv) each irrevocable payment instruction (if any); and (v) evidence that all powers, rights other actions necessary to perfect and remedies under protect any Credit Documents may Lien purported to be exercised solely created by the Administrative Agent. (c) As may be applicable at any timeAmended and Restated Collateral Agreement, no Swap Contract or Treasury Management the Amended and Restated Pledge Agreement will create (or be deemed to create) in favor of any Swap Bank or any Treasury Management Banks, respectively that is a party thereto any rights in connection with the obligations of and the Borrower or any other Credit Party under the Credit Documents except as expressly provided herein or in the other Credit DocumentsAdditional Pledge of Accounts have been taken.

Security Matters. (a) As may be applicable at any time, the Lenders (including the Issuing Bank and the Swingline Lender) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Guarantor from its obligations under this Agreement and the other Credit Documents if such Person ceases to be a Guarantor as a result of a transaction permitted under the Credit Documents (including, for the avoidance of doubt, if such Person is released as a Guarantor in accordance with Section 4.9(b))Documents. Upon request by the Administrative Agent at any time, the Required Lenders L▇▇▇▇▇▇ will confirm in writing the Administrative Agent’s authority to release any Guarantor from its obligations under this Agreement pursuant to this Section, provided that neither the request nor the delivery of such confirmation shall be a condition to or shall cause any delay in the provision of any release permitted, required or requested in accordance with Section 4.9(b). (b) As may be applicable at any time, anything contained in any of the Credit Documents to the contrary notwithstanding, each of the Credit Parties, the Administrative Agent and each holder of the Obligations hereby agrees that no holder of the Obligations shall have any right individually to enforce this Agreement, the Notes or any other Credit Document, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by the Administrative Agent, on behalf of the holders of the Obligations in accordance with the terms hereof and, as may be applicable at any time, all powers, rights and remedies under any Credit Documents may be exercised solely by the Administrative Agent. (c) As may be applicable at any time, no Swap Contract or Treasury Management Agreement will create (or be deemed to create) in favor of any Swap Bank or any Treasury Management Banks, respectively that is a party thereto any rights in connection with the obligations of the Borrower or any other Credit Party under the Credit Documents except as expressly provided herein or in the other Credit Documents.

Security Matters. (a) As may be applicable at any timeThe Agents and each Lender shall have received: (i) executed counterparts of the Security Agreement, executed by the Borrower and the Collateral Agent, (ii) an executed counterpart of the Debenture, executed by the Borrower, (iii) executed counterparts of the Pledge Agreement, executed by Trigen and the Collateral Agent, (iv) an executed counterpart to the Assignment of Book Debts, executed by the Borrower, and (v) executed counterparts to the Assignment of Principal Contracts, executed by the Borrower, the Lenders (including the Issuing Bank and the Swingline Lender) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Guarantor from its obligations under this Agreement Collateral Agent and the other Credit Documents if such Person ceases to be a Guarantor as a result of a transaction permitted under the Credit Documents (including, for the avoidance of doubt, if such Person is released as a Guarantor in accordance with Section 4.9(b)). Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release any Guarantor from its obligations under this Agreement pursuant to this Section, provided that neither the request nor the delivery of such confirmation shall be a condition to or shall cause any delay in the provision of any release permitted, required or requested in accordance with Section 4.9(b).parties thereto; (b) As may be applicable at The Administrative Agent shall have received (with a copy for each Lender) the results of any time, anything contained in any of the Credit Documents lien searches undertaken relating to the contrary notwithstanding, each of Project and the Credit Parties, the Administrative Agent Collateral and each holder of the Obligations hereby agrees that such lien searches (if any) show no holder of the Obligations shall have Liens which are unacceptable to any right individually to enforce this Agreement, the Notes Lender or any other Credit Document, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by the Administrative Agent, on behalf of the holders of the Obligations in accordance with the terms hereof and, as may be applicable at any time, all powers, rights and remedies under any Credit Documents may be exercised solely by the Administrative Agent.their counsel; (c) As The Administrative Agent shall have received (with a copy for each Lender): (i) without duplication of the documents delivered pursuant to clause (a) above, acknowledgment copies of properly filed financing statements or such other evidence of filing as may be applicable at any timeacceptable to the Agents naming the Borrower as the debtor and the Collateral Agent as the secured party, no Swap Contract or Treasury Management Agreement will create other similar instruments or documents, filed under the Canadian Security Acts of all jurisdictions as may be necessary or, in the opinion of either of the Agents, desirable to perfect the security interest of the Collateral Agent pursuant to the Security Agreement; (ii) without duplication of the documents delivered pursuant to clause (a) above, executed copies of proper termination statements or be deemed other consents, if any, necessary to create) in favor release all Liens and other rights of any Swap Bank Person in any Collateral previously granted by any Person, together with such other termination statements as the Collateral Agent may reasonably request from the Borrower; and (iii) on the first to occur of (i) the Full Availability Date or (ii) November 30, 1996, the consent of all parties to the Project Documents in respect of the assignment of any Treasury Management BanksCollateral the subject of such Project Documents; (d) The Collateral Agent shall have received (i) counterparts of the Debenture, respectively that is dated as of the date hereof, duly executed by the Borrower together with a party thereto any rights copy of the opinion of counsel delivered to the Borrower in connection with the obligations Facility Purchase Agreement regarding good and marketable title; and (ii) evidence of the Borrower completion (or any other Credit Party under satisfactory arrangements for the Credit Documents except completion) of all recordings and filings of the Debenture as expressly provided herein or may be necessary or, in the other Credit Documents.reasonable opinion of the Collateral Agent, desirable to effectively create a valid, perfected first priority Lien against the properties purported to be covered thereby; (e) The Administrative Agent shall have received (with a copy for each Lender) a current survey (the "Survey") of the Project, prepared and certified by a licensed surveyor or civil engineer, which shall show the boundaries of the Project and the location within or adjacent to the Site of

Security Matters. (a) As may be applicable at any time, the Lenders (including the Issuing Bank and the Swingline Lender) irrevocably authorize the Administrative Agent, at its option and in its discretion to release any Guarantor from its obligations under this Agreement and the other Credit Documents if such Person ceases to be a Guarantor as a result of a transaction permitted under the Credit Documents (including, for the avoidance of doubt, if such Person is released as a Guarantor in accordance with Section 4.9(b))Documents. Upon request by the Administrative Agent at any time, the Required Lenders will confirm in writing the Administrative Agent’s authority to release any Guarantor from its obligations under this Agreement pursuant to this Section, provided that neither the request nor the delivery of such confirmation shall be a condition to or shall cause any delay in the provision of any release permitted, required or requested in accordance with Section 4.9(b). (b) As may be applicable at any time, anything contained in any of the Credit Documents to the contrary notwithstanding, each of the Credit Parties, the Administrative Agent and each holder of the Obligations hereby agrees that no holder of the Obligations shall have any right individually to enforce this Agreement, the Notes or any other Credit Document, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by the Administrative Agent, on behalf of the holders of the Obligations in accordance with the terms hereof and, as may be applicable at any time, all powers, rights and remedies under any Credit Documents may be exercised solely by the Administrative Agent. (c) As may be applicable at any time, no Swap Contract or Treasury Management Agreement will create (or be deemed to create) in favor of any Swap Bank or any Treasury Management Banks, respectively that is a party thereto any rights in connection with the obligations of the Borrower or any other Credit Party under the Credit Documents except as expressly provided herein or in the other Credit Documents.