Common use of Rights of the Company Clause in Contracts

Rights of the Company. So long as no Event of Default has occurred and is continuing, and subject to certain terms and conditions in this Indenture, the Credit Agreement, the Collateral Agreements and the Intercreditor Agreement, the Company shall be entitled to receive all cash dividends, interest and other payments made upon or with respect to the Capital Stock of any of its Subsidiaries held as Collateral and to exercise any voting, consensual and other rights pertaining to such Capital Stock. Upon the occurrence and during the continuance of an Event of Default, subject to the terms of the Intercreditor Agreement, upon notice from the Collateral Agent, (a) all of the Company's rights to exercise such voting, consensual or other rights shall cease and all such rights shall become vested in the Collateral Agent, which, to the extent permitted by law, shall have the sole right to exercise such voting, consensual or other rights, (b) all of the Company's rights to receive all cash dividends, interest and other payments made upon or with respect to the Collateral shall cease, and such cash dividends, interest and other payments shall be paid to the Collateral Agent or the Lender, and (c) the Collateral Agent may sell the Collateral or any part thereof in accordance with the Collateral Agreements, subject to the terms of the Intercreditor Agreement. All funds distributed under the Collateral Agreements by the Collateral Agent shall be distributed by the Collateral Agent in accordance with the provisions of the Intercreditor Agreement and this Indenture.

Appears in 2 contracts

Samples: Article Twelve Agreement (American Rock Salt Co LLC), Article Twelve Agreement (Telex Communications International LTD)

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Rights of the Company. So long as no Event of Default has occurred and is continuing, and subject to certain terms and conditions in this Indenture, the Credit Agreement, the Collateral Agreements and the Intercreditor Agreement, the Company shall be entitled to receive all cash dividends, interest and other payments made upon or with respect to the Capital Stock of any of its Subsidiaries held as Collateral and to exercise any voting, consensual rights and other rights pertaining to such Capital Stock. Upon the occurrence and during the continuance of an Event of Default, subject to the terms of the Intercreditor Agreement and the documents securing the Credit Agreement, upon notice from the Collateral Agent, (a) all of the Company's rights to exercise such voting, consensual rights, or other rights shall will cease and all such rights shall will become vested in the Collateral Agent, which, to the extent permitted by law, shall will have the sole right to exercise such voting, consensual rights or other rights, (b) all of the Company's rights to receive all cash dividends, interest and other payments made upon or with respect to the Collateral shall will cease, and such cash dividends, interest and other payments shall will be paid to the Collateral Agent or the Lenderlenders under the Credit Agreement, and (c) the Collateral Agent may sell the Collateral or any part thereof in accordance with the Collateral Agreementswith, and subject to the terms of, the Collateral Agreements subject to the prior rights of the Intercreditor lenders under the Credit Agreement. All funds distributed under the Collateral Agreements by the Collateral Agent shall will be distributed by the Collateral Agent in accordance with the provisions of the Intercreditor Agreement and this Indenture.

Appears in 2 contracts

Samples: Credit Agreement (Golfsmith International Holdings Inc), Article Twelve Agreement (Golfsmith International Holdings Inc)

Rights of the Company. So long as no Event of Default has occurred and is continuing, and subject to certain terms and conditions in this Indenture, the Credit Agreement, the Collateral Agreements Security Documents and the Intercreditor Agreement, the Company shall be entitled to receive all cash dividends, interest and other payments made upon or with respect to the Capital Stock of any of its Subsidiaries held as Collateral and to exercise any voting, consensual and other rights pertaining to such Capital Stock. Upon the occurrence and during the continuance of an Event of Default, subject to the terms of the Intercreditor Agreement, upon notice from the Collateral Agent, (a) all of the Company's ’s rights to exercise such voting, consensual or other rights shall cease and all such rights shall become vested in the Collateral Agent, which, to the extent permitted by law, shall have the sole right to exercise such voting, consensual or other rights, (b) all of the Company's ’s rights to receive all cash dividends, interest and other payments made upon or with respect to the Collateral shall cease, and such cash dividends, interest and other payments shall be paid to the Collateral Agent or the Lender, and (c) the Collateral Agent may sell the Collateral or any part thereof in accordance with the Collateral AgreementsSecurity Documents, subject to the terms of the Intercreditor Agreement. All funds distributed under the Collateral Agreements Security Documents by the Collateral Agent shall be distributed by the Collateral Agent in accordance with the provisions of the Intercreditor Agreement and this Indenture.

Appears in 2 contracts

Samples: Indenture, (Atlantic Paratrans of Arizona, Inc.), Indenture, (Atlantic Express Transportation Corp)

Rights of the Company. So long as no Event of Default has occurred and is continuing, and subject to certain terms and conditions in this Indenture, the Senior Credit Agreement, the Collateral Agreements Indenture with respect to the Senior Secured Notes, the Pledge Agreement and the Intercreditor Agreement, the Company shall be entitled to receive all cash dividends, interest and other payments made upon or with respect to the Pledged Capital Stock of any of its Subsidiaries held as Collateral and to exercise any voting, consensual and other rights pertaining to such Pledged Capital Stock. Upon the occurrence and during the continuance of an Event of Default, subject to the terms of the Intercreditor Agreement, upon notice from the Collateral Agent, (a) all of the Company's rights to exercise such voting, consensual or other rights shall cease and all such rights shall become vested in the Collateral Agent, which, to the extent permitted by law, shall have the sole right to exercise such voting, consensual or other rights, (b) all of the Company's rights to receive all cash dividends, interest and other payments made upon or with respect to the Collateral Pledged Capital Stock shall cease, and such cash dividends, interest and other payments shall be paid to the Collateral Agent or the LenderLenders under the Senior Credit Agreement, and (c) the Collateral Agent may sell the Collateral or any part thereof in accordance with the Collateral AgreementsPledge Agreement, subject to the terms of the Intercreditor Agreement. All funds distributed under the Collateral Agreements Pledge Agreement by the Collateral Agent shall be distributed by the Collateral Agent in accordance with the provisions of the Intercreditor Agreement and this Indenture.

Appears in 1 contract

Samples: Indenture (Telex Communications Intermediate Holdings LLC)

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Rights of the Company. So long as no Event of Default has occurred and is continuing, and subject to certain terms and conditions in this Agreement, the Indenture, the Credit Agreement, the Collateral Agreements Security Documents and the Intercreditor Agreement, the Company shall be entitled to receive all cash dividends, interest and other payments made upon or with respect to the Capital Stock of any of its Subsidiaries held as Collateral and to exercise any voting, consensual and other rights pertaining to such Capital Stock. Upon the occurrence and during the continuance of an Event of Default, subject to the terms of the Intercreditor Agreement, upon notice from the Collateral AgentHolders of a majority in principal amount of the outstanding Notes, (a) all of the Company's ’s rights to exercise such voting, consensual or other rights shall cease and all such rights shall become vested in the Collateral AgentAgent , which, to the extent permitted by law, shall have the sole right to exercise such voting, consensual or other rights, (b) all of the Company's ’s rights to receive all cash dividends, interest and other payments made upon or with respect to the Collateral shall cease, and such cash dividends, interest and other payments shall be paid to the Collateral Agent, the Collateral Agent under the Indenture or the Lender, and (c) the Collateral Agent may sell the Collateral or any part thereof in accordance with the Collateral AgreementsSecurity Documents, subject to the terms of the Intercreditor Agreement. All funds distributed under the Collateral Agreements Security Documents by the Collateral Agent shall be distributed by the Collateral Agent in accordance with the provisions of the Intercreditor Agreement Agreement, the Indenture and this IndentureAgreement.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Atlantic Express Transportation Corp)

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