Common use of Concerning the Collateral Agent Clause in Contracts

Concerning the Collateral Agent. (a) The Collateral Agent has been appointed as agent pursuant to the Credit Agreement. The actions of the Collateral Agent hereunder are subject to the provisions of the Credit Agreement. The Collateral Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including, without limitation, the release or substitution of the Collateral), in accordance with this Related Real Estate Collateral Security Agreement and the Credit Agreement. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be liable for the negligence or misconduct of any such agents or attorneys-in-fact. The Collateral Agent may resign and a successor Collateral Agent may be appointed in the manner provided in the Credit Agreement. Upon the acceptance of any appointment as the Collateral Agent by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Collateral Agent under this Related Real Estate Collateral Security Agreement, and the retiring Collateral Agent shall thereupon be discharged from its duties and obligations under this Related Real Estate Collateral Security Agreement. After any retiring Collateral Agent’s resignation, the provisions hereof shall inure to its benefit as to any actions taken or omitted to be taken by it under this Related Real Estate Collateral Security Agreement while it was the Collateral Agent.

Concerning the Collateral Agent. (a) The Collateral Agent has been appointed as agent pursuant to the Credit Agreement. The actions of the Collateral Agent hereunder are subject to the provisions of the Credit Agreement. The Collateral Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including, without limitation, the release or substitution of the Collateral), in accordance with this Related Real Estate Collateral Security Agreement and the Credit Agreement. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be liable for the negligence or misconduct of any such agents or attorneys-in-fact. The Collateral Agent may resign and a successor Collateral Agent may be appointed in the manner provided in the Credit Agreement. Upon the acceptance of any appointment as the Collateral Agent by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Collateral Agent under this Related Real Estate Collateral Security Agreement, and the retiring Collateral Agent shall thereupon be discharged from its duties and obligations under this Related Real Estate Collateral Security Agreement. After any retiring Collateral Agent’s resignation, the provisions hereof shall inure to its benefit as to any actions taken or omitted to be taken by it under this Related Real Estate Collateral Security Agreement while it was the Collateral Agent.

Concerning the Collateral Agent. (ai) The Collateral Agent has been appointed as collateral agent pursuant to the Credit Intercreditor Agreement. The actions of the Collateral Agent hereunder are subject to the provisions of the Credit Intercreditor Agreement. The Collateral Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including, without limitation, the release or substitution of the Collateral), in accordance with this Related Real Estate Collateral Security Agreement and the Credit Intercreditor Agreement. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be liable for the negligence or misconduct of any such agents or attorneys-in-factfact selected by it in good faith. The Collateral Agent may resign and a successor Collateral Agent may be appointed in the manner provided in the Credit Intercreditor Agreement. Upon the acceptance of any appointment as the Collateral Agent by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Collateral Agent under this Related Real Estate Collateral Security Agreement, and the retiring Collateral Agent shall thereupon be discharged from its duties and obligations under this Related Real Estate Collateral Security Agreement. After any retiring Collateral Agent’s 's resignation, the provisions hereof shall inure to its benefit as to any actions taken or omitted to be taken by it under this Related Real Estate Collateral Security Agreement while it was the Collateral Agent.

Concerning the Collateral Agent. (ai) The Collateral Agent has been appointed as collateral agent pursuant to the Credit Intercreditor Agreement. The actions of the Collateral Agent hereunder are subject to the provisions of the Credit Intercreditor Agreement. The Collateral Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including, without limitation, the release or substitution of the Pledged Collateral), in accordance with this Related Real Estate Collateral Security Agreement and the Credit Intercreditor Agreement. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be liable for the negligence or misconduct of any such agents or attorneys-in-factfact selected by it in good faith. The Collateral Agent may resign and a successor Collateral Agent may be appointed in the manner provided in the Credit Intercreditor Agreement. Upon the acceptance of any appointment as the Collateral Agent by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Collateral Agent under this Related Real Estate Collateral Security Agreement, and the retiring Collateral Agent shall thereupon be discharged from its duties and obligations under this Related Real Estate Collateral Security Agreement. After any retiring Collateral Agent’s 's resignation, the provisions hereof shall inure to its benefit as to any actions taken or omitted to be taken by it under this Related Real Estate Collateral Security Agreement while it was the Collateral Agent.

Concerning the Collateral Agent. (a) The Notwithstanding anything herein to the contrary, the Collateral Agent has been appointed shall have the rights, protections and immunities given to it as agent pursuant Collateral Agent under the Indenture, and such are incorporated by reference herein, mutatis mutandis. Notwithstanding anything herein to the Credit Agreement. The actions of contrary, the rights, powers, discretions and benefits afforded the Collateral Agent hereunder are subject solely to protect the Collateral Agent’s interest in the Collateral (on behalf of the Secured Parties), and shall not impose any duties upon the Collateral Agent to exercise any such rights, powers, discretions or benefits. Notwithstanding any grant of discretion to the provisions Collateral Agent hereunder, the Collateral Agent shall act or refrain from acting pursuant to direction from the Trustee or the Holders, delivered in accordance with the terms of the Credit AgreementIndenture. The Notwithstanding anything herein to the contrary, neither the Collateral Agent nor the Trustee shall have any obligation to enter any control or similar agreement and shall have the right hereunder to make demands, decline signing such an agreement if the Collateral Agent determines in good faith that such action would expose the Collateral Agent or the Trustee to give notices, to exercise liability or refrain from exercising any if doing so is not consistent with the rights, privileges, protections and to take or refrain from taking action (including, without limitation, the release or substitution immunities of the Collateral)Trustee set forth in the Indenture, or of the Collateral Agent set forth in accordance with the Indenture or this Related Real Estate Collateral Security Agreement and the Credit Agreement. The Parties hereto acknowledge that U.S. Bank National Association is entering this Agreement solely in its capacity as Collateral Agent may employ agents and attorneys-in-fact in connection herewith under the Indenture and shall not be liable for the hereunder in its individual or corporate capacity, except as may be attributable to its own gross negligence or misconduct of any such agents or attorneys-in-fact. The Collateral Agent may resign and a successor Collateral Agent may be appointed in the manner provided in the Credit Agreement. Upon the acceptance of any appointment willful misconduct, as the Collateral Agent finally determined by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties court of the retiring Collateral Agent under this Related Real Estate Collateral Security Agreement, and the retiring Collateral Agent shall thereupon be discharged from its duties and obligations under this Related Real Estate Collateral Security Agreement. After any retiring Collateral Agent’s resignation, the provisions hereof shall inure to its benefit as to any actions taken or omitted to be taken by it under this Related Real Estate Collateral Security Agreement while it was the Collateral Agentcompetent jurisdiction.

Concerning the Collateral Agent. (a) 1. The Collateral Agent has been appointed as collateral agent pursuant to the Credit Agreement. The actions of the Collateral Agent hereunder are subject to the provisions of the Credit Agreement. The Collateral Agent shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including, without limitation, including the release or substitution of the Collateral), in accordance with this Related Real Estate Collateral Security Agreement and the Credit Agreement. The Collateral Agent may employ agents and attorneys-in-fact in connection herewith and shall not be liable for the negligence or misconduct of any such agents or attorneys-in-factfact selected by it in good faith. The Collateral Agent may resign and a successor Collateral Agent may be appointed in the manner provided in the Credit Agreement. Upon the acceptance of any appointment as the Collateral Agent by a successor Collateral Agent, that successor Collateral Agent shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Collateral Agent under this Related Real Estate Collateral Security Agreement, and the retiring Collateral Agent shall thereupon be discharged from its duties and obligations under this Related Real Estate Collateral Security Agreement. After any retiring Collateral Agent’s resignation, the provisions hereof shall inure to its benefit as to any actions taken or omitted to be taken by it under this Related Real Estate Collateral Security Agreement while it was the Collateral Agent.