DISPOSITION OF COLLATERAL, ETC Sample Clauses

DISPOSITION OF COLLATERAL, ETC. Senior Lender may sell, lease, transfer, assign, deliver or otherwise dispose of any of the Collateral (including entering into contracts with respect thereto, public or private sales at any exchange, broker's board, at any office of Senior Lender or elsewhere) at such prices or terms as Senior Lender may deem reasonable, for cash, upon credit or for future delivery, with Senior Lender having the right to purchase the whole or any part of the Collateral at any such public sale, all of the foregoing being free from any right or equity of redemption of Borrowers, which right or equity of redemption is hereby expressly waived and released by Borrowers. Senior Lender has no obligation to assemble, repair or otherwise prepare any Collateral for sale. Senior Lender has no obligation to attempt to satisfy the Obligations by collecting them from any other Person, including Guarantors, liable for them. Senior Lender may release, modify or waive any Collateral without affecting Senior Lender's rights against Borrowers or Guarantor. Borrowers waive any right that it may have to require Senior Lender to pursue any third party for any of the Obligations. Senior Lender may sell the Collateral without giving any warranties as to the Collateral. Senior Lender may specifically disclaim any warranties of title or the like. If Senior Lender sells any of the Collateral upon credit, Borrowers will be credited only with payments actually made by the purchaser, received by Senior Lender and applied to the Obligations. In the event that a purchaser fails to pay for any item of Collateral, Senior Lender may resell such item, and Borrowers will be credited with the proceeds of the sale. Senior Lender will have no obligation to marshal any assets in favor of Borrowers, or against or in payment of any of the Obligations. Senior Lender may apply the cash proceeds of Collateral actually received by Senior Lender from any sale, lease, foreclosure or other disposition of the Collateral to payment of the Obligations, in whole or in part and in such order as Senior Lender may elect, whether or not then due. Borrowers shall remain liable to Senior Lender for the payment of any deficiency with interest at the highest rate provided for herein and all costs and expenses of collection or enforcement, including attorneys' fees and legal expenses. Borrowers shall pay immediately any deficiency that exists after disposition of the Collateral by Senior Lender. Any excess, after payment of all of th...
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Related to DISPOSITION OF COLLATERAL, ETC

  • Disposition of Collateral Such Grantor will not sell, lease or otherwise dispose of the Collateral owned by it except for dispositions specifically permitted pursuant to Section 6.05 of the Credit Agreement.

  • Distribution of Collateral Proceeds In the event that, following the occurrence and during the continuance of any Event of Default, any monies are received in connection with the enforcement of any of the Loan Documents, or otherwise with respect to the realization upon any of the Collateral or other assets of the Borrower or the Guarantors, such monies shall be distributed for application as follows:

  • Application of Collateral Proceeds The proceeds and/or avails of the Collateral, or any part thereof, and the proceeds and the avails of any remedy hereunder (as well as any other amounts of any kind held by Secured Party at the time of, or received by Secured Party after, the occurrence of an Event of Default) shall be paid to and applied as follows:

  • Release of Collateral, etc Any release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation negligent, willful, unreasonable or unjustifiable impairment) of any collateral, property or security, at any time existing in connection with, or assuring or securing payment of, all or any part of the Liabilities;

  • Valuation of Collateral Securities Intermediary shall provide view only access to its systems to Secured Party for the purpose of communicating data as to the Reserve Account as of that date.

  • Use and Disposition of Collateral None of the Grantors shall make or permit to be made an assignment, pledge or hypothecation of the Collateral or shall grant any other Lien in respect of the Collateral, except as expressly permitted by Section 6.02

  • Location of Collateral All tangible items of Collateral, other than Inventory in transit, shall at all times be kept by Borrowers at the business locations set forth in Schedule 8.6.1, except that Borrowers may (a) make sales or other dispositions of Collateral in accordance with Section 10.2.6; and (b) move Collateral to another location in the United States, upon 30 Business Days prior written notice to Agent.

  • Condition of Collateral Secured Party has no obligation to repair, clean-up or otherwise prepare the Collateral for sale.

  • Substitution of Collateral A Fund may substitute securities for any securities identified as Collateral by delivery to the Custodian of a Pledge Certificate executed by such Fund on behalf of the applicable Portfolio, indicating the securities pledged as Collateral.

  • Defense of Collateral, Etc The Company shall defend and enforce its right, title and interest in and to any part of: (a) the Pledged Property; and (b) if not included within the Pledged Property, those assets and properties whose loss could have a Material Adverse Effect, the Company shall defend the Secured Party's right, title and interest in and to each and every part of the Pledged Property, each against all manner of claims and demands on a timely basis to the full extent permitted by applicable law.

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