Collateral Rights Clause Samples

The Collateral Rights clause defines the rights and interests a lender or secured party has over specific assets pledged by a borrower as security for a loan or obligation. Typically, this clause outlines what assets are considered collateral, the conditions under which the lender can take possession or control of the collateral, and the procedures for enforcing these rights if the borrower defaults. By clearly establishing the lender’s ability to claim or sell the collateral in case of non-payment, this clause protects the lender’s interests and reduces the risk associated with lending.
Collateral Rights. Unless the DIP Agents have provided their prior written consent or all DIP Obligations have been indefeasibly paid in full in cash (or will be indefeasibly paid in full in cash upon entry of a final, non-appealable order approving indebtedness described in subparagraph (a) below or other arrangements for payment of the DIP Obligations satisfactory to the DIP Agents have been made) and all Commitments have terminated, there shall not be entered in these proceedings (except with respect to the bankruptcy case of Calpine and the Calpine Property), or in any Successor Case, any order which authorizes any of the following: (a) the obtaining of credit or the incurring of indebtedness that is secured by a security, mortgage, or collateral interest or other lien on all or any portion of the DIP Collateral and/or entitled to priority administrative status which is superior to or pari passu with those granted pursuant to the Interim Order or this Final Order to the DIP Secured Parties; or (b) the use of Cash Collateral for any purpose other than to indefeasibly pay in full in cash the DIP Obligations or as otherwise permitted in the DIP Credit Agreement.
Collateral Rights. With respect to any proposed investment in any MBS which does not represent all of the beneficial interest in the underlying pool of Mortgage Loans, the Manager shall seek (where appropriate and feasible) to obtain the right to foreclose on the underlying property, to control the oversight and management of the resolution of the underlying Mortgage Loans by workout or modification of loan provisions, foreclosure, deed in lieu of foreclosure or otherwise and to control decisions with respect to the preservation of the collateral generally (collectively, the "Collateral Rights").
Collateral Rights. Subject to the rights of Collateral's licensors, Collateral may initiate and control any legal action that is not a Product Infringement Offense to enforce any of its patent rights it Controls against any Third Party; provided however if an adverse ruling in such legal action could adversely affect Schering's research, development, manufacture or sale of Product(s), Collateral may not initiate such legal actions without the prior written permission of Schering which will not be unreasonably withheld.
Collateral Rights. Tenant acknowledges that any right of first refusal, option to lease, right of first offer or other right to lease, and any exclusive use restriction or similar restriction granted to it under this Lease is collateral in nature and not fundamental to this Lease. The remedies of Tenant in connection with any breach of such rights are limited to an action in damages and will not entitle Tenant to treat any breach of such rights as a repudiation or fundamental breach of this Lease by Landlord.
Collateral Rights. In addition to the foregoing, upon the occurrence of an Event of Default, the Holder may exercise with respect to the Collateral all of the rights and remedies (i) afforded to a secured party upon a default under the Uniform Commercial Code, or (ii) otherwise available at law or in equity.
Collateral Rights. If the Collateral Trustees, Trustee or Senior Secured Noteholders shall at any time exercise any of their rights and remedies hereunder or under applicable law in order to effect payment or satisfaction of the Adequate Protection Obligations or the Senior Secured Notes Claims, or to receive any amounts or remittances due hereunder, including, foreclosing upon and selling all or a portion of the Collateral (all solely to the extent not inconsistent with the requirements of this Interim Order), the Collateral Trustees and the Consenting Senior Secured Noteholders shall have the right without any further action or approval of this Court to exercise such rights and remedies as to all or such part of the Collateral as the Collateral Trustees, the Trustee or the Requisite Consenting Senior Secured Noteholders may determine. No holder of a lien shall be entitled to object on the basis of the existence of such lien to the exercise by the Collateral Trustees, the Trustee or the Senior Secured Noteholders of their respective rights and remedies under this Interim Order or other applicable law to effect satisfaction of the Senior Secured Notes Claim or Adequate Protection Obligations or to receive any amounts or remittances due hereunder. All proceeds and payments delivered to the Collateral Trustees pursuant to this paragraph 16 may be applied to the Senior Secured Notes Claim or Adequate Protection Obligations, and in no event shall the Senior Secured Parties be subject to the equitable doctrine of “marshaling” or any other similar doctrine with respect to any such collateral or otherwise.
Collateral Rights. (1) The Buyer is aware that the assets sold under the terms of the present Agreement may be encumbered with collateral rights of the Debtor's creditors, e.
Collateral Rights. (a) So long as no Event of Default has occurred and is then continuing beyond the applicable cure period, Guarantor shall be entitled to exercise any and rights pertaining to the Collateral, or any part thereof, for any purpose not inconsistent with the terms of this Agreement; and (b) So long as no Event of Default has occurred and is then continuing beyond the applicable cure period, in respect of which Bank has provided Guarantor with notice of its election to exercise the rights and remedies set forth in subsection 7(c) below, Guarantor shall be entitled to exercise any and all rights pertaining to the Collateral, or any part thereof, for any purpose not inconsistent with the terms of this Agreement. (c) At any time that an Event of Default has occurred and is then continuing beyond the applicable cure period, in respect of which Bank has provided Guarantor with notice of its election to exercise the rights and remedies set forth in this subsection 7(c), all rights of Guarantor to exercise rights in respect of the Collateral shall immediately cease to be effective upon its receipt of notice from Bank of Bank’s intent to exercise its rights hereunder, and upon the delivery of such notice all such rights shall become vested in Bank and Bank shall thereupon have the sole right to exercise such rights with respect to the Collateral.
Collateral Rights. Unless the DIP Agents have provided their prior written consent or all DIP Obligations have been indefeasibly paid in full in cash (or will be indefeasibly paid in full in cash upon entry of a final, non-appealable order approving indebtedness described in subparagraph (a) below or other arrangements for payment of the DIP Obligations satisfactory to the DIP Agents have been made) and all Commitments have terminated, there shall not be entered in these proceedings, or in any Successor Case, any order which authorizes any of the following: (a) the obtaining of credit or the incurring of indebtedness that is secured by a security, mortgage, or collateral interest or other lien on all or any portion of the DIP Collateral and/or entitled to priority administrative status which is superior to or pari passu with those granted pursuant to this Interim Order to the DIP Secured Parties; or (b) the use of Cash Collateral for any purpose other than to indefeasibly pay in full in cash the DIP Obligations or as otherwise permitted in the DIP Credit Agreement.
Collateral Rights. 2.3.1. The Grantor, in granting this Concession, grants as an integral and inextricable part thereof, the right, obligation and authority to the Concessionaire to do all such things previously performed by the Grantor and the Existing Operator as may be reasonably necessary to give effect to its obligations under this Concession Agreement, which right, obligation and authority includes, the power to close streets, access properties, perform excavation or construction works, install or remove machinery, equipment or pipes and to interrupt or suspend the provision of the Services, whether in whole or in part, subject to the Concessionaire meeting its obligations under this Concession Agreement. The grant is subject only to compliance by the Concessionaire with the terms of this Agreement, any applicable Laws, Required Consents, or procedures and notification of the Competent Authorities, where appropriate. Save as expressly provided in this Concession Agreement, the Concessionaire will not have to seek and obtain the consent of the Grantor to perform any of the above actions. To the extent that the Grantor is not entitled to confer on the Concessionaire such powers without the prior issue of any Required Consent by the Grantor to the Concessionaire the Grantor hereby undertakes to grant such Required Consent, as soon as reasonably practicable following a request from the Concessionaire.