Common use of Application of Collateral; Termination of Agreements Clause in Contracts

Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default, Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate Lender's further performance under this Agreement or any other agreement or agreements between Lender and Borrower, Guarantor, or any Affiliate of Borrower, without further liability or obligation by Lender, and may also, at any time, appropriate and apply on any Obligations any and all Collateral in its, Custodian's, or Lockbox Agent's possession, custody, or control any and all balances, credits, deposits, accounts, reserves, indebtedness, or other monies due or owing to Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice, or otherwise, shall absolve, release, or otherwise affect the liability of Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers, and remedies of Lender, but they shall, in all events, continue until all of the Obligations have been satisfied in full.

Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default, : (i) each Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate each Lender's ’s further performance under this Agreement or any other agreement or agreements between Lender and Borrower, Guarantor, or any Affiliate of Borrower, without further liability or obligation by Agent or any Lender; (ii) Agent may, and may alsoon behalf of Lenders, at any time, appropriate and apply on any Obligations any and all Collateral in its, the Custodian's’s, or the Lockbox Agent's possession, custody, or control ’s possession and (iii) each Lender may apply any and all balances, credits, deposits, accounts, reserves, indebtedness, indebtedness or other monies moneys due or owing to Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice, notice or otherwise, shall absolve, release, release or otherwise affect the liability of Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers, powers and remedies of LenderAgent or Lenders, but they shall, in all events, continue until all of the Obligations have been satisfied in fullare satisfied.

Application of Collateral; Termination of Agreements. Upon the occurrence and during the continuation of any Event of Default, Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate Lender's ’s further performance under this Agreement the Inventory Loan, the Inventory Loan Documents, the Receivables Loan or any other agreement or agreements between Lender and Borrower, Guarantor, or any Affiliate of Borrowerthe Loan Documents, without further liability or obligation by Lender, and may also, at any time, appropriate and apply on to any Obligations any and all Inventory Collateral in itsits (or the Lockbox Agent’s, Custodian's, ’s or Lockbox Agent's any escrow agent’s) possession, custody, or control any and all balances, credits, deposits, accounts, reserves, indebtedness, indebtedness or other monies moneys due or owing to Borrower held by Lender hereunder or under any other financing agreement with Lender or otherwise, whether accrued or not. Neither such termination, nor the The termination of this Agreement by lapse of time, the giving of notice, notice or otherwise, shall not absolve, release, release or otherwise affect the liability of Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers, powers and remedies of Lender, but they shall, in all events, continue until all of the Obligations have (other than contingent indemnification obligations to the extent no unsatisfied claim with respect thereto has been satisfied in fullasserted) under the Inventory Loan and the Receivables Loan are satisfied.

Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default, : (i) Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate Lender's ’s further performance under this Agreement or any other agreement or agreements between Lender and Borrower, Guarantor, or any Affiliate of Borrower, without further liability or obligation by Lender, and may also; (ii) Lender may, at any time, appropriate and apply on any Obligations any and all Collateral in its, the Custodian's’s, or the Lockbox Agent's possession, custody, or control ’s possession and (iii) Lender may apply any and all balances, credits, deposits, accounts, reserves, indebtedness, indebtedness or other monies moneys due or owing to Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice, notice or otherwise, shall absolve, release, release or otherwise affect the liability of Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers, powers and remedies of Lender, but they shall, in all events, continue until all of the Obligations have been satisfied in fullare satisfied.

Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default, Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate Lender's further performance under this Agreement or any other agreement or agreements between Lender and Borrower, any Guarantor, or any Affiliate of Borrowerthereof, without further liability or obligation by Lender, and may also, at any time, appropriate and apply on any Obligations any and all Collateral in its, Custodian's, or Lockbox Agent's possession, custodycustodian, or control any and all balances, credits, deposits, accounts, reserves, indebtedness, or other monies due or owing to Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice, or otherwise, shall absolve, release, or otherwise affect the liability of Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers, and remedies of Lender, but they shall, in all events, continue until all of the Obligations have been satisfied in full.

Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default, : (i) each Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate each Lender's further performance under this Agreement or any other agreement or agreements between Lender and Borrower, Guarantor, or any Affiliate of Borrower, without further liability or obligation by Agent or any Lender; (ii) Agent may, and may alsoon behalf of Lenders, at any time, appropriate and apply on any Obligations any and all Collateral in its, the Custodian's, or the Lockbox Agent's possession, custody, or control possession and (iii) each Lender may apply any and all balances, credits, deposits, accounts, reserves, indebtedness, indebtedness or other monies moneys due or owing to Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice, notice or otherwise, shall absolve, release, release or otherwise affect the liability of Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers, powers and remedies of LenderAgent or Lenders, but they shall, in all events, continue until all of the Obligations have been satisfied in fullare satisfied.

Application of Collateral; Termination of Agreements. Upon the occurrence of any Default or Event of Default, Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate Lender's further performance under this Agreement or any other agreement or agreements between Lender and Borrower, Guarantor, Borrower or any Affiliate of Borrowerthereof, without further liability or obligation by Lender, and may also, at any time, appropriate and apply on any Obligations any and all Collateral in its, Custodian's, 's or Lockbox Agent's possession, custodycustodian, or control any and all balances, credits, deposits, accounts, reserves, indebtedness, or other monies due or owing to Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice, or otherwise, shall absolve, release, or otherwise affect the liability of Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers, and remedies of Lender, but they shall, in all events, continue until all of the Obligations have been satisfied in full.

Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default, Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate Lender's further performance under this Agreement or any other agreement or agreements between Lender and Borrower, Guarantor, or any Affiliate of Borrower, without further liability or obligation by Lender, and may also, at any time, appropriate and apply on any Obligations any and all Collateral in its, Custodian's, or Lockbox Agent's possession, custodycustodian, or control any and all balances, credits, deposits, accounts, reserves, indebtedness, or other monies due or owing to Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice, or otherwise, shall absolve, release, or otherwise affect the liability of Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers, and remedies of Lender, but they shall, in all events, continue until all of the Obligations have been satisfied in full.