Designation of Rights. Notwithstanding anything herein to the contrary, Administrative Member may from time to time assign its rights under this Article X or designate Columbia as the holder of such rights (and Columbia may assign or designate such rights to ESC), in each case with prior written notice to BREA, so long as at any time only ESC or Columbia (and not both) is the holder of such rights. The Members acknowledge that ESC and Columbia may enter into a side letter with respect to the assignment or exercise of the rights under this Article X.
Designation of Rights. At the direction of the General Partner, the Partnership shall issue a series of securities designated the "Rights to Purchase Units" (the "Rights"), each of which shall initially ------ represent the right to purchase one Common Unit of the Partnership upon the terms and subject to the conditions set forth in such Rights and in the Rights Agreement, dated as of April 8, 1997, between the Partnership and the Rights Agent named therein (the "Rights Agreement"), which is attached ---------------- hereto as Exhibit A. The precise number of Rights so designated shall be determined pursuant to the terms of the Rights Agreement.
Designation of Rights. Notwithstanding anything to the contrary contained in this Agreement, except with respect to a Lender’s right to file a proof of claim in an insolvency proceeding, no Lender shall have any right individually to realize upon any of the Collateral or to enforce any guarantee of the Obligations, it being understood and agreed that all powers, rights and remedies under the Loan Documents may be exercised solely by the Collateral Agent on behalf of the Lenders in accordance with the terms thereof. For the avoidance of doubt, no Lender shall have the right to exercise any remedies or rights, including but not limited to (i) setoff any sums payable by Borrower to any Lender, (ii) collect from or obtain performance by third parties obligated on any Collateral, (iii) foreclose on any Collateral (including no strict foreclosures), (iv) collect on any deficiency, (v) accelerate the due date of payments, (vi) obtain or maintain dominion or control over any Collateral, (vii) receive payment for any legal fees or costs incurred in connection with this Agreement or any rights therefrom, (viii) correspond with or take any actions against Borrower or (ix) exercise any other remedies at law (including but not limited to under the Uniform Commercial Code as in effect in the State of New York (the “UCC”)), in equity or pursuant to this Agreement or any other Loan Document (collectively and together with any other right or remedy, an “Enforcement Action”). In the event of a foreclosure by the Collateral Agent on any of the Collateral pursuant to a public or private sale or other disposition, the Collateral Agent or any Lender may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition, and the Collateral Agent, as agent for and representative of the Lenders (but not any Lender or Lenders in its or their respective individual capacities unless the Required Lenders shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by the Collateral Agent on behalf of the Lenders at such sale or other disposition. Each Lender will be deemed, by its acceptance of the benefits of the Collateral and of the guarantees (if any) of the Obligations, to have agreed to the provisions of this Section...
Designation of Rights. The powers, preferences and relative, participating, optional and other special rights of the Class B membership interest, and the qualifications, limitations and restrictions thereof are as follows:
