Remedies of Agent Sample Clauses
Remedies of Agent. If an Event of Default under the Instrument or the Credit Agreement shall have occurred and be continuing, Agent may collect and receive all the Rents, including those past due as well as those accruing thereafter, and, Assignor hereby authorizes Agent or Agent’s agents to collect the Rents and hereby directs such tenants, lessees and licensees of the Property to pay the Rents to Agent or Agent’s agents. Assignor agrees that each and every tenant, lessee and licensee of the Property may pay, and hereby irrevocably authorizes and directs each and every tenant, lessee and licensee of the Property to pay, the Rents to Agent or Agent’s agents on Agent’s written demand therefor (which demand may be made by Agent at any time after the occurrence and during the continuance of an Event of Default) without any obligation on the part of said tenant, lessee or licensee to inquire as to the existence of an Event of Default and notwithstanding any notice or claim of Assignor to the contrary, and Assignor agrees that Assignor shall have no right or claim against said tenant, lessee or licensee for or by reason of any Rents paid to Agent following receipt of such written demand. Anything in this Paragraph 3 to the contrary notwithstanding, Agent shall not be obligated to discharge or perform the duties of a landlord or lessor to any tenant or other occupant or incur any liability as a result of the exercise by Agent of its rights under this Assignment, and Agent shall be liable to account only for the rents, income, issues, profits and revenues actually received by Agent. In connection with any action taken by the Agent pursuant to this Paragraph 3, the Agent shall not be liable for any loss sustained by Assignor resulting from any act or omission of the Agent, including a loss arising from the ordinary negligence of the Agent, unless such loss is caused by its own gross negligence or willful misconduct as finally determined by a court of competent jurisdiction after the expiration of all applicable appeal periods, nor shall the Agent be obligated to perform or discharge any obligation, duty or liability of Assignor. Assignor hereby assents to, ratifies and confirms any and all actions of the Agent with respect to the Property taken under this Paragraph 3.
Remedies of Agent. Upon the occurrence and during the continuance of a Trigger Event, the Agent shall have, in addition to the rights given under the Loan Documents or by law, all of the rights and remedies with respect to the Collateral of a secured party under the Uniform Commercial Code as in effect in the State of New York. The Pledgor acknowledges that, in the event the Borrower and/or the Pledgor (as Guarantor) has not complied with Section 2.3(c) of the Credit Agreement, the Agent shall be entitled to sell the Collateral as and when described therein (so that the principal amount of all outstanding Advances is less than or equal to the Borrowing Base).
Remedies of Agent. Borrowers shall not, and shall not permit any of their Subsidiaries to, seek to obtain any stay on the exercise of the remedies available to Agent under this Agreement. 120
Remedies of Agent. Notwithstanding anything in this Mortgage or any other Loan Document to which ▇▇▇▇▇▇▇▇▇ is a party to the contrary, Agent shall be entitled to all rights and remedies that an Agent would have under Applicable Law. In the event of any inconsistency between the provisions of this Mortgage and the provisions of Applicable Law, the provisions of Applicable Law shall take precedence over the provisions of this Mortgage, but shall not invalidate or render unenforceable any other provisions of this Mortgage that can be construed in a manner consistent with Applicable Law. Agent shall be vested with the rights and remedies granted under Applicable Law. Notwithstanding any provision in this Mortgage relating to a power of sale or other provision for sale of the Collateral upon an Event of Default other than under a judicial proceeding, any sale of the Collateral pursuant to this Mortgage will be made through a judicial proceeding, except as otherwise may be permitted under the UCC.
Remedies of Agent. (a) Upon the occurrence and during the continuance of an Event of Default (other than a Specified Default (as defined in the Third Amendment) during the Forbearance Period (as defined in the Third Amendment)), the Agent may exercise any or all of the following rights and remedies:
(i) those rights and remedies provided in this Agreement, the Credit Agreement or any other Loan Document; provided that this Section 11(a)(i) shall not be understood to limit any rights available to the Agent or the Lenders prior to an Event of Default;
(ii) those rights and remedies available to a secured party under the UCC, the Cape Town Convention or under any other applicable law (including, without limitation, any law governing the exercise of a bank’s right of setoff or bankers’ Lien) or in equity when a debtor is in default under a security agreement;
(iii) procure the deregistration of the registration of the aircraft and export of the aircraft to a jurisdiction of Agent’s choice pursuant to the IDERA and as authorized by the Cape Town Convention; and
(iv) without notice (except as specifically provided in Section 11.2 of the Security Agreement or elsewhere herein), demand or advertisement of any kind to HBC, Trustee or any other Person, enter the premises of HBC where any Senior Tranche Collateral is located (through self-help and without judicial process) to collect, receive, assemble, process, appropriate, sell, lease, assign, grant an option or options to purchase or otherwise dispose of, deliver, or realize upon, the Senior Tranche Collateral or any part thereof in one or more parcels at public or private sale or sales (which sales may be adjourned or continued from time to time with or without notice and may take place at HBC premises or elsewhere), for cash, on credit or for future delivery without assumption of any credit risk, and upon such other terms as the Agent may deem commercially reasonable.
(b) Each of HBC and Trustee acknowledges and agrees that the compliance by the Agent, on behalf of the Senior Tranche Secured Parties, with any applicable state or federal law requirements in connection with a disposition of the Senior Tranche Collateral and compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Senior Tranche Collateral.
(c) The Agent shall have the right upon any public sale or sales and, to the extent permitted by law, upon any private sale or sales, to purchase for the benefit of the Agent and the S...
Remedies of Agent. Following the occurrence of a default with respect to any of the Seller Obligations the Agent shall, subject to the obligations set forth in paragraph 9(m), have the following rights and remedies:
(i) the right to enter upon Seller's premises or any other place where any of the Seller Collateral is kept and remove the Seller Collateral therefrom to the premises of the Agent;
(ii) the right to require the Seller to assemble the Seller Collateral and make it available to the Agent at a place to be designated by the Agent in its sole discretion; and
(iii) all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable law, all of which rights and remedies shall be cumulative and nonexclusive, to the extent permitted by law.
Remedies of Agent. The Borrower shall not, nor shall it permit any of its Subsidiaries to, seek to obtain any stay in respect of the exercise of the remedies available to the Agent under this Agreement or under the Pre-Petition Credit Agreement.
