Common use of Other Rights With Respect to Pledged Collateral Clause in Contracts

Other Rights With Respect to Pledged Collateral. In addition to the other rights with respect to the Pledged Collateral granted to the Collateral Agent hereunder, at any time and from time to time, after and during the continuation of an Event of Default, the Collateral Agent, at its option and at the expense of the Pledgors, may, subject to the Intercreditor Agreement, any Collateral Agency Agreement and any other intercreditor agreement entered into in connection with Indebtedness permitted under the Indenture, (a) transfer into its own name, or into the name of its nominee, all or any part of the Pledged Collateral, thereafter receiving all dividends, income or other distributions upon the Pledged Collateral; (b) take control of and manage all or any of the Pledged Collateral; (c) apply to the payment of any of the Secured Obligations, whether any be due and payable or not, any moneys, including cash dividends and income from any Pledged Collateral, now or hereafter in the hands of the Collateral Agent or any Affiliate of the Collateral Agent, on deposit or otherwise, belonging to any Pledgor, as the Collateral Agent in its sole discretion shall determine; and (d) do anything which any Pledgor is required but fails to do hereunder. The Collateral Agent shall endeavor to provide the Issuer with notice at or about the time of the exercise of its rights pursuant to the preceding sentence, provided that the failure to provide such notice shall not in any way compromise or adversely affect the exercise of any rights or remedies hereunder.

Other Rights With Respect to Pledged Collateral. In addition to the other rights with respect to the Pledged Collateral granted to the Collateral Administrative Agent hereunder, at any time and from time to time, after and during the continuation of an Event of Default, the Collateral Administrative Agent, at its option and at the expense of the Pledgors, may, subject to the Intercreditor Agreement, any Collateral Agency Agreement and any other intercreditor agreement entered into in connection with Indebtedness permitted under the Indenture, : (a) transfer into its own name, or into the name of its nominee, all or any part of the Pledged Collateral, thereafter receiving all dividends, income or other distributions upon the Pledged Collateral; (b) take control of and manage all or any of the Pledged Collateral; (c) apply to the payment of any of the Secured ObligationsDebt, whether any be due and payable or not, any moneys, including cash dividends and income from any Pledged Collateral, now or hereafter in the hands of the Collateral Administrative Agent or any Affiliate of the Collateral AgentAdministrative Agent or any provider of Lender Provided Interest Rate Hedge or any Other Lender Provided Financial Service Product, on deposit or otherwise, belonging to any Pledgor, as the Collateral Administrative Agent in its sole discretion shall determine; and (d) do anything which any Pledgor is required but fails to do hereunder. Each Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable than if such sale were a public sale and, notwithstanding such circumstances, agree that any such private sale shall be deemed to have been made in a commercially reasonable manner. The Collateral Administrative Agent shall endeavor be under no obligation to provide the Issuer with notice at or about the time delay sale of any of the exercise Pledged Collateral for the period of its rights pursuant time necessary to permit any Pledgor (or issuer) to register such securities for public sale under the preceding sentenceSecurities Act of 1933, provided that the failure as amended, or under applicable securities laws, even if such Pledgor (or issuer) would agree to provide such notice shall not in any way compromise or adversely affect the exercise of any rights or remedies hereunderdo so. 7.

Other Rights With Respect to Pledged Collateral. In addition to the other rights with respect to the Pledged Collateral granted to the Collateral Administrative Agent hereunder, at any time and from time to time, after and during the continuation of an Event of Default, the Collateral Administrative Agent, at its option and at the expense of the Pledgors, may, subject to the Intercreditor Agreement, any Collateral Agency Agreement and any other intercreditor agreement entered into in connection with Indebtedness permitted under the Indenture, may (a) transfer into its own name, or into the name of its nominee, all or any part of the Pledged Collateral, thereafter receiving all dividends, income or other distributions upon the Pledged Collateral; (b) take control of and manage all or any of the Pledged Collateral, provided, however that the Administrative Agent will provide the applicable Pledgor with five (5) days’ prior notice of its intention to exercise any voting rights with respect to Pledged Collateral (such notice period may run concurrently with any other applicable notice periods); (c) apply to the payment of any of the Secured Obligations, whether any be due and payable or not, any moneys, including cash dividends and income from any Pledged Collateral, now or hereafter in the hands of the Collateral Administrative Agent or any Affiliate provider of the Collateral Agentany Lender Provided Interest Rate/Currency Hedge or any Other Lender Provided Financial Service Product, on deposit or otherwise, belonging to any Pledgor, as the Collateral Administrative Agent in its sole discretion shall determine; and (d) do anything which any Pledgor is required but fails to do hereunder. The Collateral Agent shall endeavor to provide the Issuer with notice at or about the time of the exercise of its rights pursuant to the preceding sentence, provided that the failure to provide such notice shall not in any way compromise or adversely affect the exercise of any rights or remedies hereunder.

Other Rights With Respect to Pledged Collateral. In addition to the other rights with respect to the Pledged Collateral granted to the Collateral Administrative Agent hereunder, at any time and from time to time, after and during the continuation of an Event of Default, the Collateral Administrative Agent, at its option and at the expense of the Pledgors, may, subject to the Intercreditor Agreement, any Collateral Agency Agreement and any other intercreditor agreement entered into in connection with Indebtedness permitted under the Indenture, : (a) transfer into its own name, or into the name of its nominee, all or any part of the Pledged Collateral, thereafter receiving all dividends, income or other distributions upon the Pledged Collateral; (b) take control of and manage all or any of the Pledged Collateral; (c) apply to the payment of any of the Secured ObligationsDebt, whether any be due and payable or not, any moneys, including cash dividends and income from any Pledged Collateral, now or hereafter in the hands of the Collateral Administrative Agent or any Affiliate of the Collateral AgentAdministrative Agent or any provider of Lender Provided Interest Rate Hedge or any Other Lender Provided Financial Service Product, on deposit or otherwise, belonging to any Pledgor, as the Collateral Administrative Agent in its sole discretion shall determine; and (d) do anything which any Pledgor is required but fails to do hereunder. Each Pledgor acknowledges and agrees that any such private sale may result in prices and other terms less favorable than if such sale were a public sale and, notwithstanding such circumstances, agree that any such private sale shall be deemed to have been made in a commercially reasonable manner. The Collateral Administrative Agent shall endeavor be under no obligation to provide the Issuer with notice at or about the time delay sale of any of the exercise Pledged Collateral for the period of its rights pursuant time necessary to permit any Pledgor (or issuer) to register such securities for public sale under the preceding sentenceSecurities Act of 1933, provided that the failure as amended, or under applicable securities laws, even if such Pledgor (or issuer) would agree to provide such notice shall not in any way compromise or adversely affect the exercise of any rights or remedies hereunderdo so.