Common use of Collections, etc Clause in Contracts

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower or otherwise, to the extent permitted by Applicable Law, demand, sue for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any Borrower. The Administrative Agent will not be required to take any steps to preserve any rights against parties with prior claims on the Collateral. If any Borrower fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, or superior to, the security interests of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 4 contracts

Sources: Credit, Security and Pledge Agreement (Lionsgate Studios Holding Corp.), Credit, Security and Pledge Agreement (Lionsgate Studios Holding Corp.), Credit, Security and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Collateral Agent may, in its sole discretiondiscretion or at the direction of Secured Parties holding at least one-third in principal amount of the Notes outstanding, in its name (on behalf as Collateral Agent for the benefit of itself and the other Secured Parties) or , in the name of any Borrower the Grantor or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of to the Collateral, but shall be under no obligation so to do sodo, or the Administrative Collateral Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, release any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any Borrowerof the Grantor. The Administrative Collateral Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on rights in or to the Collateral. If any Borrower the Grantor fails to make any payment or to take any action required hereunderhereunder with respect to the Collateral, the Administrative Collateral Agent may make such payments and take all such actions as the Administrative Collateral Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf security interests of the Collateral Agent and the other Secured Parties) security interests Parties in the Collateral and/or the value thereof, and the Administrative Collateral Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that which in the judgment of the Administrative Collateral Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Collateral Agent (on behalf of or the other Secured Parties) Parties in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit AgreementCollateral.

Appears in 3 contracts

Sources: Purchase and Subscription Agreement (Bank One Corp), Purchase and Subscription Agreement (Bank One Corp), Security Agreement (Talkpoint Communications Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of the Borrower, any Borrower Transaction Party or otherwise, to the extent permitted by Applicable Law, demand, sue for, collect or receive o▇ ▇eceive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, of the Borrower or any BorrowerTransaction Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If the Borrower or any Borrower Transaction Party fails to make any payment or to take any action required hereunderhereunder or under any Fundamental Document, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) Lenders' Liens and security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that which in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the Liens and security interests of the Administrative Agent (on behalf of the Secured Parties) Lenders in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 2 contracts

Sources: Credit, Guaranty, Security and Pledge Agreement (Gci Inc), Credit, Guaranty, Security and Pledge Agreement (Gci Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent Lender may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any commercially reasonable compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent Lender may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any of the Borrower. The Administrative Agent Lender will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any the Borrower fails to make any payment or take any action required hereunder, the Administrative Agent Lender may make such payments and take all such actions as the Administrative Agent Lender reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) Lender's security interests in the Collateral and/or the value thereof, and the Administrative Agent Lender is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or and/or compromise any Liens that in the judgment of the Administrative Agent Lender appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) Lender in the Collateral (other than Specified Permitted Encumbrancesthose permitted hereunder) and any Liens not expressly permitted by this Credit Agreement.

Appears in 2 contracts

Sources: Loan and Security Agreement (Intuitive Surgical Inc), Loan and Security Agreement (Computer Motion Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent, the Canadian Agent, the Issuing Bank and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue for, collect or receive any money or property at any time payable or ▇▇ receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s 's (on behalf of the Secured PartiesAdministrative Agent, the Canadian Agent, the Issuing Bank and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent, the Canadian Agent, the Issuing Bank and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Lions Gate Entertainment Corp /Cn/), Credit Agreement (Lions Gate Entertainment Corp /Cn/)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Credit Party Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Credit Party Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any Borrowerthe Credit Parties. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Credit Party Collateral. If Upon the occurrence and during the continuance of an Event of Default, if any Borrower Credit Party fails to make any payment or if any Credit Party fails to take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) security interests in the Credit Party Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, or superior to, the security interests of the Administrative Agent (on behalf of the Secured Parties) in the Credit Party Collateral (other than than, except in the case of the Pledged Securities, Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement, Credit, Security and Guaranty Agreement (World Wrestling Entertainmentinc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against parties with prior claims on the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunderhereunder which payment or action the Administrative Agent has requested in writing to the Borrower to be made or taken, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) security interests in the Collateral and/or and the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, or superior to, the security interests interest of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 2 contracts

Sources: Credit, Security, Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/), Credit Agreement (Lions Gate Entertainment Corp /Cn/)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, and during the Administrative Agent continuation of such Event of Default, Secured Party may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Grantor or otherwise, to the extent permitted by Applicable Law, demand, sue for▇▇▇, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or Secured Party may, to the Administrative Agent may fullest extent permitted by applicable law extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any Borrowerof Grantor. The Administrative Agent Secured Party will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Grantor fails to make any payment or take any action required hereunder, the Administrative Agent may Secured Party may, after notice to Grantor, make such payments and take all such actions as the Administrative Agent Secured Party reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) Party's security interests interest in the Collateral and/or the value thereof, and the Administrative Agent Secured Party is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest contest, or compromise any Liens encumbrances, charges or liens that in the judgment of the Administrative Agent Secured Party appear to be equal to, prior to, to or superior to, to the security interests interest of the Administrative Agent (on behalf of the Secured Parties) Party in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Security Agreement (Nexthealth Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement. All costs and expenses incurred by the Administrative Agent in taking any of the actions specified in this Section 8.4 or otherwise in protection and preservation of the Collateral shall be payable by the Borrower upon demand and shall be added to the Obligations.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Ventas Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted EncumbrancesLiens) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)

Collections, etc. Upon the occurrence and during the continuance of an Event of DefaultDefault and written notice to the Credit Parties, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If Upon the occurrence and during the continuance of an Event of Default, if any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (RHI Entertainment, Inc.)

Collections, etc. Upon Subject to the provisions of the Intercreditor Agreement, upon the occurrence and during the continuance of an Event of DefaultDefault and written notice to the Credit Parties, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If Upon the occurrence and during the continuance of an Event of Default, if any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured PartiesAdministrative Agent and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (RHI Entertainment, Inc.)

Collections, etc. Upon the occurrence and during the ---------------- continuance of an Event of Default, the Administrative Agent may, or if directed by the Required Lenders shall, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any the Borrower or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any the Borrower. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any the Borrower fails to make any payment or take any action required hereunderunder this Article 8, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) Lenders' security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the reasonable judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) Lenders in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit and Security Agreement (Artisan Entertainment Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent, the Canadian Agent, the Issuing Bank and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s 's (on behalf of the Secured PartiesAdministrative Agent, the Canadian Agent, the Issuing Bank and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent, the Canadian Agent, the Issuing Bank and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Lions Gate Entertainment Corp /Cn/)

Collections, etc. Upon the occurrence and during the continuance of an Event of DefaultDefault and written notice to the Credit Parties, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If Upon the occurrence and during the continuance of an Event of Default, if any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured PartiesAdministrative Agent and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (RHI Entertainment, Inc.)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any Borrowermember of the Credit Group. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Idt Corp)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Collateral Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue for, collect or receive any money or property at any time payable payab▇▇ or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Collateral Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Collateral Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Collateral Agent may make such payments and take all such actions as the Administrative Collateral Agent reasonably deems necessary to protect the Administrative Collateral Agent’s 's (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Collateral Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Collateral Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Collateral Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Guilford Mills Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Collateral Agent may, in its sole discretionmay (but only if so directed by the Required Certificateholders), in its name (on behalf of the Secured Parties) or in the name of any Borrower the Debtor or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Collateral Agent may (but only if so directed by the Required Certificateholders) extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any Borrowerthe Debtor. The Administrative Collateral Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the CollateralCollateral or otherwise hereunder except as directed by the Required Certificateholders. If any Borrower the Debtor fails to make any payment or take any action required hereunderunder this Agreement, the Administrative Collateral Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary Required Certificateholders may direct to protect the Administrative Collateral Agent’s (on behalf of the Secured Parties) 's security interests in the Collateral and/or or the value thereof, and the Administrative Collateral Agent is hereby authorized authorized, upon direction of the Required Certificateholders (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the reasonable judgment of the Administrative Agent Required Certificateholders appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Collateral Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit and Security Agreement (Artisan Entertainment Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) Lenders' security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) Lenders in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Overseas Filmgroup Inc)

Collections, etc. Upon Subject to the provisions of the Senior Intercreditor Agreement, upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against parties with prior claims on the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) security interests in the Collateral and/or and the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, or superior to, the security interests interest of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Eros International PLC)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s 's (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement. All costs and expenses incurred by the Administrative Agent in taking any of the actions specified in this Section 8.4 or otherwise in protection and preservation of the Collateral shall be payable by the Borrower upon demand and shall be added to the Obligations.

Appears in 1 contract

Sources: Credit, Security and Guaranty Agreement (Ventas Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent Collateral Agent, acting at the direction of the Required Lenders, may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any the Borrower or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any commercially reasonable compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent Collateral Agent, acting at the direction of the Required Lenders, may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any of the Borrower. The Administrative Collateral Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any the Borrower fails to make any payment or take any action required hereunder, the Administrative Agent Collateral Agent, acting at the direction of the Required Lenders, may make such payments and take all such actions as the Administrative Collateral Agent reasonably deems necessary to protect the Administrative Collateral Agent’s (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Collateral Agent is hereby authorized (without limiting authorized, acting at the general nature direction of the authority hereinabove conferred) Required Lenders, to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Collateral Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit and Security Agreement (First Look Studios Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue s▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Idt Corp)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Collateral Agent may, in its sole discretion, except as prohibited or restricted by Applicable Law in the case of Government Receivables, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue for, collect or receive any money or property at any time payable or payabl▇ ▇r receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Collateral Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Collateral Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Collateral Agent may may, except to the extent prohibited by Applicable Law with respect to Government Receivables, make such payments and take all such actions as the Administrative Collateral Agent reasonably deems necessary to protect the Administrative Collateral Agent’s 's (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Collateral Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) ), except to the extent prohibited by Applicable Law with respect to Government Receivables, to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Collateral Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Collateral Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.. 107

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Genesis Health Ventures Inc /Pa)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, except as prohibited or restricted by Applicable Law in the case of Government Receivables, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may may, except to the extent prohibited by Applicable Law with respect to Government Receivables, make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s 's (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) ), except to the extent prohibited by Applicable Law with respect to Government Receivables, to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Genesis Healthcare Corp)

Collections, etc. Upon the occurrence and during the continuance continuation of an Event of Default, the Administrative Agent Lender may, in its sole discretion, in its the name (on behalf of the Secured Parties) Lender or in the name of any the Borrower or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of of, or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may Lender may, to the fullest extent permitted by Applicable Law, extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any of the Borrower. The Administrative Agent will Lender shall not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral, except as may be required by Applicable Law. If any the Borrower fails to make any payment or take any action required hereunder, the Administrative Agent may Lender may, after notice to the Borrower, make such payments and take all such actions as the Administrative Agent Lender reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) Lender's security interests in the Collateral and/or the value thereof, and the Administrative Agent Lender is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest contest, or compromise any Liens that in the judgment of the Administrative Agent Lender appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) Lender in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit and Security Agreement (Mobile Telecommunication Technologies Corp)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue for▇▇▇, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s 's (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Harvey Entertainment Co)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Collateral Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Collateral Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Collateral Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Collateral Agent may make such payments and take all such actions as the Administrative Collateral Agent reasonably deems necessary to protect the Administrative Collateral Agent’s 's (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Collateral Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Collateral Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Collateral Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement or the Note Agreement.

Appears in 1 contract

Sources: Note Agreement (Guilford Mills Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, but subject to the Administrative Agent Intercreditor Agreement, the Lender may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent Lender may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent Lender will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If Upon the occurrence and during the continuation of an Event of Default, if any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent Lender may make such payments and take all such actions as the Administrative Agent Lender reasonably deems necessary to protect the Administrative AgentLender’s (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Agent Lender is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent Lender appear to be he equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) Lender in the Collateral (other than Specified except for Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Second Lien Credit, Security and Pledge Agreement (Hollywood Media Corp)

Collections, etc. Upon Subject to the Orders, upon the occurrence and during the continuance of an Event of DefaultDefault (and without further order of the Bankruptcy Court), the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If Upon the occurrence and during the continuance of an Event of Default, if any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may may, subject to the Orders, make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) ), subject to the Orders, to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Debtor in Possession Credit Agreement

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, except as prohibited or restricted by Applicable Law in the case of Government Receivables, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue for, collect or receive any money or property at any time payable or ▇▇ receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may may, except to the extent prohibited by Applicable Law with respect to Government Receivables, make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s 's (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) ), except to the extent prohibited by Applicable Law with respect to Government Receivables, to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit, Security, Guaranty and Pledge Agreement (Genesis Healthcare Corp)

Collections, etc. Upon Subject to the provisions of the Subordination Agreement, upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation to do so, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against parties with prior claims on the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured Parties) security interests in the Collateral and/or and the value thereof, and and, subject to the Subordination Agreement, the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, or superior to, the security interests interest of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Subordination and Intercreditor Agreement (Eros International PLC)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured PartiesAdministrative Agent, the Issuing Bank and the Lenders) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Lions Gate Entertainment Corp /Cn/)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, in its sole discretion, in its name (on behalf of the Secured Parties) or in the name of any Borrower Credit Party or otherwise, to the extent permitted by Applicable Law, demand, sue ▇▇▇ for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to, any of the Collateral, but shall be under no obligation so to do sodo, or the Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any BorrowerCredit Party. The Administrative Agent will not be required to take any steps to preserve any rights against prior parties with prior claims on to the Collateral. If any Borrower Credit Party fails to make any payment or take any action required hereunder, the Administrative Agent may make such payments and take all such actions as the Administrative Agent reasonably deems necessary to protect the Administrative Agent’s 's (on behalf of the Secured Parties) security interests in the Collateral and/or the value thereof, and the Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens that in the judgment of the Administrative Agent appear to be equal to, prior to, to or superior to, to the security interests of the Administrative Agent (on behalf of the Secured Parties) in the Collateral (other than Specified Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Ventas Inc)