Credit Balances; Additional Collateral. (a) The rights and security interests granted to Agent and the Lenders hereunder shall continue in full force and effect, notwithstanding the termination of this Agreement, until the termination of this Agreement and the full and final payment and satisfaction of the Obligations. Any reserves or balances to the credit of Borrower, and any other property or assets of Borrower in the possession of Agent or any Lender, may be held by Agent or such Lender as Other Collateral, and applied in whole or partial satisfaction of such Obligations when due, subject to the terms of this Agreement. The liens and security interests granted to Agent, for the benefit of the Lenders, herein and any other lien or security interest which Agent or the Lenders may have in any other assets of Borrower secure payment and performance of all present and future Obligations. (b) Notwithstanding Agent’s security interests in the Collateral, to the extent that the Obligations are now or hereafter secured by any assets or Property other than the Collateral, or by the guaranty, endorsement, assets or property of any other Person, Agent shall have the right in its sole discretion to determine which rights, security, liens, security interests or remedies Agent shall at any time pursue, foreclose upon, relinquish, subordinate, modify or take any other action with respect to, without in any way modifying or affecting any of such rights, security, liens, security interests or remedies, or any of Agent’s or the Lenders’ rights under this Agreement.
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Sources: Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Credit Balances; Additional Collateral. (a) The rights and security interests granted to Agent and the Lenders Lender hereunder shall continue in full force and effect, notwithstanding the termination of this Agreementfact that the Revolving Loans may from time to time be temporarily in a credit position, until the termination of this Agreement and the full and final payment and satisfaction of the Obligations. Any reserves or balances to the credit of Borrower, and any other property or assets Property of Borrower in the possession of Agent or any Lender, may be held by Agent or such Lender as Other Collateral, and applied in whole or partial satisfaction of such Obligations when due, subject to which are then due and payable in accordance with the terms of this Agreement. The liens Liens and security interests granted to Agent, for the benefit of the Lenders, Lender herein and any other lien Lien or security interest which Agent or the Lenders Lender may have in any other assets of Borrower secure payment and performance of all present and future Obligations.
(b) Notwithstanding AgentLender’s security interests in the Collateral, to the extent that the Obligations are now or hereafter secured by any assets or Property other than the Collateral, or by the guaranty, endorsement, assets or property of any other Person, Agent Lender shall have the right in its sole discretion to determine which rights, security, liensLiens, security interests or remedies Agent Lender shall at any time pursue, foreclose upon, relinquish, subordinate, modify or take any other action with respect to, without in any way modifying or affecting any of such rights, security, liensLiens, security interests or remedies, or any of Agent’s or the Lenders’ rights under this Agreement.
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