Administration of the Pledged Collateral Sample Clauses

Administration of the Pledged Collateral. (a) Unless an Event of Default shall have occurred and be continuing: (i) Pledgor shall be entitled to receive and retain for its own account any cash dividend in respect of the Pledged Collateral; and (ii) Pledgor shall have the right to vote the Pledged Collateral and to retain the power to control the direction, management and policies of Biovest to the same extent as Pledgor would if the Pledged Collateral were not pledged to Secured Party pursuant to this Agreement; provided, however, that Secured Party shall receive, and Pledgor shall not be entitled to receive, (A) cash paid, payable or otherwise distributed in redemption of, or in exchange for or in substitution of, any Pledged Collateral, or (B) dividends and other distributions paid or payable in cash in respect of any Pledged Collateral in connection with a partial or total liquidation or dissolution of Biovest or in connection with a reduction of capital, capital surplus or paid-in-surplus or any other type of recapitalization involving Biovest; and provided further, however, that no vote shall be cast or consent, waiver or ratification given or action taken or proxy given which would have the effect of impairing the position or interest of Secured Party in respect of the Pledged Collateral or which would alter the voting rights with respect to the stock of Biovest or be inconsistent with or violate any provision of this Agreement or any other Documents or the Accentia Plan or which would permit or direct Pledgor to breach its agreements with Secured Party. Secured Party shall execute and deliver (or cause to be executed and delivered) to Pledgor all such proxies and other instruments as Pledgor may reasonably request for the purpose of enabling Pledgor to exercise the voting and other rights which it is entitled to exercise, and to receive distributions which it is authorized to receive and retain, pursuant to this subsection (a).
Sample 1Sample 2See All (10)
AutoNDA by SimpleDocs
Administration of the Pledged Collateral. The Trustee shall administer the Pledged Collateral in accordance with the provisions hereof and of the Indenture.
Sample 1Sample 2Sample 3See All (8)
Administration of the Pledged Collateral. The Collateral Agent shall administer the Pledged Collateral in accordance with the provisions hereof and of the Indenture.
Sample 1Sample 2Sample 3See All (4)
Administration of the Pledged Collateral. Subject to the terms of any applicable Approvals, the Senior Note Trustee shall administer the Pledged Collateral in accordance with the provisions hereof and of the Senior Note Indenture.
Sample 1Sample 2Sample 3See All (4)
Administration of the Pledged Collateral. (a) Secured Party shall have the right upon the occurrence of an Event of Default, to execute and deliver to any applicable securities intermediary or other Person any entitlement order, to execute and deliver to any applicable securities intermediary or bank any “Notice of Exclusive Control” (or similar notice) or other instructions directing the disposition of Pledged Collateral, to vote and to give consents, ratifications and waivers with respect to the Pledged Collateral and exercise all rights, privileges or options pertaining to the Pledged Collateral, as if Secured Party were the absolute owner thereof; provided that Secured Party shall have no duty to exercise any of the foregoing rights afforded to it and shall not be responsible to Pledgor or any other Person for any failure to do so or delay in doing so.
Sample 1Sample 2
Administration of the Pledged Collateral. (a) As long as no Event of Default shall have occurred and be continuing, each Pledgor shall have the right, from time to time, to vote and give consents with respect to the Pledged Collateral pledged by it or any part thereof for all purposes not inconsistent with the provisions of this Agreement, the Interim Capital Assistance Agreement and any other Assistance Documents; provided, however, that in any event no vote shall be cast, and no -------- ------- consent shall be given or action taken, which would have the effect of impairing the position or interest of the Corporation with respect to the Pledged Collateral pledged by such Pledgor which would authorize or effect (i) any action prohibited under the terms of any Assistance Document, (ii) any change in the authorized number of shares, the stated capital or the authorized capital of the Assuming Institution or the issuance of any additional shares of stock of the Assuming Institution, or (iii) the alteration of the voting rights with respect to the stock of the Assuming Institution.
Sample 1
Administration of the Pledged Collateral. (a) Unless an Event of Default shall have occurred and be continuing, Pledgor shall have the right to vote the Pledged Collateral and to retain the power to control the direction, management and policies of the Company to the same extent as Pledgor would if the Pledged Collateral were not pledged to Secured Party pursuant to this Agreement; provided, however, that Pledgor shall secure the prior written consent of Secured Party in order to vote in any partner or shareholders meeting of any of Issuers called to resolve any of the following events: (i) the authorization or approval of the payment of any dividend, capital redemption (or stock or equity part reimbursement), profit distribution, the payment of any shareholder loan or intercompany debt, or any other profit distribution from the Issuers; (ii) any amendment to the corporate by-laws of the Issuers; and (iii) the dissolution or liquidation of any of the Issuers.
Sample 1
AutoNDA by SimpleDocs
Administration of the Pledged Collateral. (a) Unless an Event of Default shall have occurred and be continuing: (i) subject to the terms and conditions in Section 2, Pledgor shall be entitled to receive and retain for his own account any cash dividend in amounts consistent with past practices in respect of the Pledged Collateral to the extent consistent with the Note; and (ii) Pledgor shall have the right to vote the Pledged Collateral and to retain the power to control the direction, management and policies of the Company to the same extent as Pledgor would if the Pledged Collateral were not pledged to Secured Party pursuant to this Agreement; provided, however, that no vote shall be cast or consent, waiver or ratification given or action taken or proxy given which would have the effect of impairing the position or interest of Secured Party in respect of the Pledged Collateral or be inconsistent with or violate any provision of this Agreement or any other Documents. Secured Party shall execute and deliver (or cause to be executed and delivered) to Pledgor all such proxies and other instruments as Pledgor may reasonably request for the purpose of enabling Pledgor to exercise the voting and other rights which it is entitled to exercise, and to receive distributions which it is authorized to receive and retain, pursuant to this subsection (a).
Sample 1
Administration of the Pledged Collateral 
Sample 1Sample 2Sample 3See All (5)

Related to Administration of the Pledged Collateral

  • Delivery of the Pledged Collateral Each Pledgor hereby agrees that:

  • Voting Rights in Respect of the Pledged Collateral (i) So long as no Event of Default shall have occurred and be continuing, to the extent permitted by law, each Pledgor may exercise any and all voting and other consensual rights pertaining to the Pledged Collateral of such Pledgor or any part thereof for any purpose not inconsistent with the terms of this Pledge Agreement or the Credit Agreement; and

  • ENFORCEMENT OF THE PLEDGE 6.1 If (i) an Enforcement Event has occurred and is continuing and (ii) the requirements set forth in Sections 1273 para 2, 1204 et seq. of the German Civil Code with regard to the enforcement of the Pledges are met (Pfandreife), in particular, if any of the Obligations have become due and payable, then in order to enforce the Pledges, the Collateral Agent (acting on the instructions of the Secured Parties) may at any time thereafter avail itself of all rights and remedies that a pledgee has against a pledgor under the laws of the Federal Republic of Germany.

  • Pledged Collateral The Administrative Agent shall have received (A) original stock certificates or other certificates evidencing the certificated Equity Interests pledged pursuant to the Security Documents, together with an undated stock power for each such certificate duly executed in blank by the registered owner thereof and (B) each original promissory note pledged pursuant to the Security Documents together with an undated allonge for each such promissory note duly executed in blank by the holder thereof.

  • Distributions on Pledged Collateral So long as the Purchase Contract Agent is the registered owner of the Pledged Preferred Securities, it shall receive all payments thereon. If the Pledged Preferred Securities are reregistered, such that the Collateral Agent becomes the registered holder, all payments of the Stated Amount of or, if applicable, the appropriate Applicable Ownership Interest (as specified in clause (A) of the definition of such term) of the Treasury Portfolio, or cash distributions on, the Pledged Preferred Securities or on the appropriate Applicable Ownership Interest (as specified in clause (B) of the definition of such term) of the Treasury Portfolio, as the case may be, and all payments of the principal of, or cash distributions on, any Pledged Treasury Securities received by the Collateral Agent that are properly payable hereunder shall be paid by the Collateral Agent by wire transfer in same day funds:

  • Uncertificated Pledged Collateral Such Grantor will permit the Collateral Agent from time to time to cause the appropriate issuers (and, if held with a securities intermediary, such securities intermediary) of uncertificated securities or other types of Pledged Collateral owned by it not represented by certificates to xxxx their books and records with the numbers and face amounts of all such uncertificated securities or other types of Pledged Collateral not represented by certificates and all rollovers and replacements therefor to reflect the Lien of the Collateral Agent granted pursuant to this Security Agreement. With respect to any Pledged Collateral owned by it, such Grantor will take any actions necessary to cause (a) the issuers of uncertificated securities which are Pledged Collateral and (b) any securities intermediary which is the holder of any such Pledged Collateral, to cause the Collateral Agent to have and retain Control over such Pledged Collateral. Without limiting the foregoing, such Grantor will, with respect to any such Pledged Collateral held with a securities intermediary, cause such securities intermediary to enter into a control agreement with the Collateral Agent, in form and substance satisfactory to the Collateral Agent, giving the Collateral Agent Control.

  • Covenants as to the Pledged Collateral So long as any Secured Obligations shall remain outstanding, the Pledgor will, unless the Required Holders, shall otherwise consent in writing:

  • Retention of Pledged Collateral To the extent permitted under applicable law, in addition to the rights and remedies hereunder, upon the occurrence of an Event of Default, the Administrative Agent may, after providing the notices required by Sections 9-620 and 9-621 of the UCC or otherwise complying with the requirements of applicable law of the relevant jurisdiction, accept or retain all or any portion of the Pledged Collateral in satisfaction of the Secured Obligations. Unless and until the Administrative Agent shall have provided such notices, however, the Administrative Agent shall not be deemed to have accepted or retained any Pledged Collateral in satisfaction of any Secured Obligations for any reason.

  • Exercise of Rights in Pledged Collateral (i) Without in any way limiting the foregoing and subject to clause (ii) below, such Grantor shall have the right to exercise all voting rights or other rights relating to the Pledged Collateral owned by it for all purposes not inconsistent with this Security Agreement, the Credit Agreement or any other Loan Document; provided however, that no vote or other right shall be exercised or action taken which would have the effect of impairing the rights of the Administrative Agent in respect of such Pledged Collateral.

  • Control of Collateral MLBFS may otherwise take control in any lawful manner of any cash or non-cash items of payment or proceeds of Collateral and of any rejected, returned, stopped in transit or repossessed goods included in the Collateral and endorse Customer's name on any item of payment on or proceeds of the Collateral.

Time is Money Join Law Insider Premium to draft better contracts faster.