AMICABLE SALE. Subject to the provisions of the Intercreditor Agreement and of this Agreement, in the event of default on the Secured Obligations, and if, according to the terms and conditions of the Intercreditor Agreement, the Creditors instruct the Collateral Agent to enforce the Pledge, the Collateral Agent, on behalf of Creditors and in accordance with the conditions and requirements of the Intercreditor Agreement, shall enforce the Pledge pursuant to the formalities set out in Clause 4.2. below and of the Intercreditor Agreement by selling the Pledged Shares to any third party, at sight and against cash payment, preferentially in a single block, and it is hereby entitled to exercise all the rights and perform all the acts contemplated in item IV of Article 1433 and in Article 1459 of the Civil Code and in paragraph 2 of Article 120 of Decree-law No. 7661 of June 21, 1945.
Appears in 2 contracts
Sources: Share Pledge Agreement (Net Servicos De Comunicacao S A), Share Pledge Agreement (Brazilian Communitary Antennae LTD)
AMICABLE SALE. Subject to the provisions of the Intercreditor Agreement and of this Agreement, in the event of default on the Secured Obligations, and if, according to the terms and conditions of the Intercreditor Agreement, the Creditors instruct the Collateral Agent to enforce the Pledge, the Collateral Agent, on behalf of Creditors and in accordance with the conditions and requirements of the Intercreditor Agreement, shall enforce the Pledge pursuant to the formalities set out in Clause 4.2. below and of the Intercreditor Agreement by selling the Pledged Shares Quotas to any third party, at sight and against cash payment, preferentially in a single block, and it is hereby entitled to exercise all the rights and perform all the acts contemplated in item IV of Article 1433 and in Article 1459 of the Civil Code and in paragraph 2 of Article 120 of Decree-law No. 7661 of June 21, 1945.
Appears in 2 contracts
Sources: Quota Pledge Agreement (Net Servicos De Comunicacao S A), Quota Pledge Agreement (Brazilian Communitary Antennae LTD)