Trustee and Collateral Agent Sample Clauses

Trustee and Collateral Agent. The Trustee and the Collateral Agent make no representations as to the validity or sufficiency of this Supplemental Indenture. The recitals and statements herein are deemed to be those of the Issuer, Level 3 Parent, the Existing Guarantors and the New Guarantor, and not of the Trustee or the Collateral Agent. The rights, privileges, indemnities and protections afforded the Trustee and the Collateral Agent under the Indenture shall apply to the execution hereof and the transactions contemplated hereunder.

Trustee and Collateral Agent. Section 7.01 Duties of Trustee and Collateral Agent. 132 Section 7.02 Rights of Trustee and Collateral Agent. 135 Section 7.03 Individual Rights of Trustee. 137 Section 7.04 Disclaimer. 137 Section 7.05 Notice of Defaults. 137 Section 7.06 [Reserved]. 138 Section 7.07 Compensation and Indemnity. 138 Section 7.08 Replacement of Trustee or Collateral Agent. 140

Trustee and Collateral Agent. The Trustee and the Additional Collateral Agent make no representations as to the validity or sufficiency of this Supplemental Indenture.

Trustee and Collateral Agent. The Trustee and the Collateral Agent shall at all times be one and the same Person.

Trustee and Collateral Agent. (a) Notwithstanding anything herein to the contrary, it is hereby expressly agreed and acknowledged that the subordination and other agreements and obligations of the Trustee and Collateral Agent herein are made solely in its capacity as Trustee and Collateral Agent, respectively (and not in its individual capacity). Neither the Trustee nor the Collateral Agent shall have any duties, obligations or responsibilities to the Agent or any other Person under this Agreement except as expressly set forth herein. Nothing in this Agreement shall be construed to operate as a waiver by the Trustee or the Collateral Agent of the benefit of any exculpatory provisions, presumptions, indemnities, protections, benefits, immunities or reliance rights contained in the Indenture, all of which are incorporated herein by reference mutatis mutandis. (b) Each of the Trustee and the Collateral Agent may conclusively rely upon any document believed by it to be genuine and to have been signed or presented by the proper Person. The Trustee and the Collateral Agent need not investigate any fact or matter stated in any such document. (c) In no event shall the Trustee or the Collateral Agent be liable for any special, punitive, indirect or consequential loss or damage of any kind whatsoever (including, but not limited to, lost profit) even if the Trustee or the Collateral Agent, respectively, had been advised of the likelihood of such loss or damage and regardless of the form of action. (d) Each of the Trustee and the Collateral Agent shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation: acts of Got, earthquakes, fire, floods, wars, civil or military disturbances, sabotage, epidemics, riots, terrorist acts, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications service, accidents, labor disputes, and acts of civil or military authority or governmental actions.

Trustee and Collateral Agent. ​ ​ ​ ​ TRUIST BANK, as Trustee and Collateral Agent ​ ​ ​ By: ​ ​ ​ Name: ​ ​ ​ Title: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ A. Representations and warranties applicable to both the Collateral Rig Owner and the Collateral Rig Operator i. Such Subsidiary is duly organized and is validly existing and in good standing (if applicable) under the laws of its jurisdiction of organization, with power and authority (corporate and other) to own its properties and conduct its business and is duly qualified as a foreign corporation for the transaction of business and is in good standing (if applicable) under the laws of each other jurisdiction in which it owns or leases properties or conducts any business so as to require such qualification, except where the failure to be so qualified would not have a Material Adverse Effect; ii. Each of the Security Documents to which such Subsidiary is a party has been duly authorized by such Subsidiary and constitutes valid and legally binding obligations of such Subsidiary enforceable against such Subsidiary in accordance with its terms, except as the enforceability thereof may be subject to the effect of any bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium and other laws of general applicability relating to or affecting creditors’ rights and to general principles of equity and public policy (regardless of whether enforcement is sought in a proceeding at law or in equity) and to the discretion of the court before which any proceeding may be brought (collectively, the “Enforceability Exceptions”); iii. The execution and delivery of the Security Documents to which such Subsidiary is a party are effective to create in favor of the Collateral Agent for the benefit of the Secured Creditors, as security for the applicable obligations in respect of the Note Documents to which such Subsidiary is a party, a lien on all of the Collateral purported to be granted by such Security Documents, and upon the completion of all recordings, filings and other actions necessary to perfect such liens, as further described in such Security Documents, such liens will be perfected as first priority liens (subject only to Permitted Collateral Liens), in each case, to the extent required to be perfected in accordance with such Security Documents and subject to the Enforceability Exceptions; iv. The compliance by such Subsidiary with all of the provisions of the Note Documents to which su...

Trustee and Collateral Agent. Section 7.01 Duties of Trustee and Collateral Agent. 68 Section 7.02 Rights of Trustee and Collateral Agent. 69 Section 7.03 Individual Rights of Trustee and Collateral Agent. 70 Section 7.04 Trustee’s and Collateral Agent’s Disclaimers. 70 Section 7.05 Notice of Defaults. 71 Section 7.06 Reports by Trustee to Holders of the Notes. 71 Section 7.07 Compensation and Indemnity. 72 Section 7.08 Replacement of Trustee or Collateral Agent. 72 Section 7.09 Successor Trustee or Collateral Agent by Merger, etc. 73 Section 7.10 Eligibility; Disqualification. 73 Section 7.11 Preferential Collection of Claims Against Company. 74 Section 8.01 Option to Effect Legal Defeasance or Covenant Defeasance. 74 Section 8.02 Legal Defeasance and Discharge. 74 Section 8.03 Covenant Defeasance. 75 Section 8.04 Conditions to Legal or Covenant Defeasance. 75 Section 8.05 Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. 76 Section 8.06 Repayment to Company. 77 Section 8.07 Reinstatement. 77

Trustee and Collateral Agent. WILMINGTON SAVINGS FUND SOCIETY, FSB, as the Trustee and Collateral Agent By: /s/ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ Title: Vice President • Brookfield Square • Dakota Square • Eastland Mall (including (Parcel(s) in Main Project)) • Harford Mall • Laurel Park Place • Meridian Mall (leasehold) • Mid Rivers Mall • Monroeville Mall and Annex • Monroeville Mall - Anchor • Monroeville Mall - District • Northpark Mall • Old Hickory Mall • Parkway Place • South County Center • St. Clair Square (fee) • St. Clair Square (leasehold) • ▇▇▇▇▇▇ Mall (leasehold) • ▇▇▇▇▇▇ Mall (fee) • York Galleria • ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ None. • Alamance Crossing – West

Trustee and Collateral Agent. WILMINGTON SAVINGS FUND SOCIETY, FSB, as the Trustee and Collateral Agent By: Name: Title: ▇▇▇▇-▇▇▇▇-▇▇▇▇ • Brookfield Square • Dakota Square • Eastland Mall (including (Parcel(s) in Main Project)) • Harford Mall • Laurel Park Place • Meridian Mall (leasehold) • Mid Rivers Mall • Monroeville Mall and Annex • Monroeville Mall - Anchor • Monroeville Mall - District • Northpark Mall • Old Hickory Mall • Parkway Place • South County Center • St. Clair Square (fee) • St. Clair Square (leasehold) • ▇▇▇▇▇▇ Mall (leasehold) • ▇▇▇▇▇▇ Mall (fee) • York Galleria • ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ None. • Alamance Crossing – West • Brookfield Square – Bluemound Road parcel (fee)/Lifestyle Center • Brookfield Square – Bluemound Road parcels (leasehold)/Lifestyle Center • Brookfield Square – ▇▇▇▇▇▇▇▇ Road Outparcels2 ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ – Mooreland Road Outparcels. These parcels are not currently subdivided from the mall tract. Upon completion of the subdivision, these outparcels will be released from Brookfield Square in Category 1 (including a release from any mortgage or pledge related thereto) and placed in Category 3. ▇▇▇▇-▇▇▇▇-▇▇▇▇ • CoolSprings Crossing • CoolSprings Crossing – Parcel(s) in the Main Project • Cross Creek – Sears - Parcel(s) in the Main Project • Courtyard at Hickory Hollow • Cross Creek Mall – Sears • Dakota Square - Parcel(s) in the Main Project • Dakota Square – Mgmt GL Parcels • Dakota Square – Lot 8 (Scheels Ground Lease) • East Towne Mall – Outparcel • East Towne Mall – Parcel • Eastgate Mall – Shops at Eastgate • Eastland Mall – Macy’s • Fayette Mall – Parcel(s) in the Main Project3 • Frontier Square • Gunbarrel Pointe • ▇▇▇▇▇▇▇▇ Place – Sears