Common use of Rights of the Lender Clause in Contracts

Rights of the Lender. If an Event of Default shall occur and be continuing and the Lender shall give notice to the Pledgor of its intent to exercise such rights, (i) the Lender shall have the right to receive any and all cash dividends paid in respect of the Shares and make application thereof to the Promissory Note in such order as the Lender may determine and (ii) the Lender shall have the right to cause all of the Shares to be registered in the name of the Lender or its nominee, and the Lender or its nominee may thereafter exercise (x) all voting and other rights pertaining to such Shares at any meeting of Equity Holders of the Issuer or otherwise and (y) any and all rights of conversion, exchange, subscription and any other rights, privileges or options pertaining to such Shares as if it were the absolute owner thereof (including, without limitation, the right to exchange at its discretion any and all of the Shares upon the merger, consolidation, reorganization, recapitalization or other fundamental change in the structure of the Issuer, or upon the exercise by the Pledgor or the Lender of any right, privilege or option pertaining to such Shares, and in connection therewith, the right to deposit and deliver any and all of the Shares with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as the Lender may determine), all without liability (other than for its gross negligence or willful misconduct) except to account for Property actually received by it, but the Lender shall have no duty to the Pledgor to exercise any such right, privilege or option and shall not be responsible for any failure to do so or delay in so doing; provided that the Lender shall not exercise any voting or other consensual rights pertaining to the Shares in any way that would constitute an exercise of the remedies described in paragraph 8 other than in accordance with such paragraph.

Rights of the Lender. If The Lender shall not be liable for failure to collect or realize upon the Liabilities or any collateral security or guarantee therefor, or any part thereof, or for any delay in so doing nor shall it be under any obligation to take any action whatsoever with regard thereto. Any or all shares of the Pledged Stock held by the Lender hereunder may, if an Event of Default shall occur have occurred and be continuing and under the Lender shall give notice to the Pledgor of its intent to exercise such rightsCredit Agreement, (i) the Lender shall have the right to receive any and all cash dividends paid in respect of the Shares and make application thereof to the Promissory Note in such order as the Lender may determine and (ii) the Lender shall have the right to cause all of the Shares to without notice, be registered in the name of the Lender or its nominee, and the Lender or its nominee may thereafter without notice, exercise (x) all voting and other corporate rights pertaining to such Shares at any meeting of Equity Holders any corporation issuing any of the Issuer or otherwise shares included in the Pledged Stock and (y) exercise any and all rights of conversion, exchange, subscription and or any other rights, privileges or options pertaining to such Shares any shares of the Pledged Stock as if it were the absolute owner thereof (includingthereof, including without limitation, the right to exchange exchange, at its discretion discretion, any and all of the Shares Pledged Stock upon the merger, consolidation, reorganization, recapitalization or other fundamental change in the structure readjustment of the Issuer, any corporation issuing any of such shares or upon the exercise by the Pledgor any such issuer or the Lender of any right, privilege or option pertaining to such Sharesany shares of the Pledged Stock, and in connection therewith, the right to deposit and deliver any and all of the Shares Pledged Stock with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as the Lender it may determine), all without liability (other than for its gross negligence or willful misconduct) except to account for Property property actually received by it, but the Lender shall have no duty to the Pledgor to exercise any such rightof the aforesaid rights, privilege privileges or option options and shall not be responsible for any failure to do so or delay in so doing; provided that the Lender shall not exercise any voting or other consensual rights pertaining to the Shares in any way that would constitute an exercise of the remedies described in paragraph 8 other than in accordance with such paragraph.

Rights of the Lender. If The Lender shall not be liable for failure to collect or realize upon the Obligations or any collateral security or guaranty thereof, or any part thereof, or for any delay in so doing, nor shall Lender be under any obligation to take any action whatsoever with regards thereto. Any or all shares of the Pledged Stock held by the Escrow Agent hereunder may, if an Event of Default shall occur has occurred and be continuing is continuing, and upon written notice by the Lender shall give notice to the Pledgor of its intent to exercise such rightsLender, (i) the Lender shall have the right to receive any and all cash dividends paid in respect of the Shares and make application thereof to the Promissory Note in such order as the Lender may determine and (ii) the Lender shall have the right to cause all of the Shares to be registered in the name of the Lender or its nominee, for the benefit of the Lender, and the Lender or its nominee may thereafter at any time thereafter, without notice, exercise (x) all voting and other corporate rights pertaining to such Shares at of any meeting issuer of Equity Holders of the Issuer or otherwise and (y) any and all rights of conversion, exchange, subscription and or any other rights, privileges or options pertaining to such Shares any shares of the Pledged Stock as if it the Lender were the absolute owner thereof thereof, including (including, without limitation, ) the right to exchange exchange, at its discretion discretion, any and all of the Shares Pledged Stock upon the merger, consolidation, reorganization, recapitalization or other fundamental change in the structure readjustment of the Issuer, any issuer of any such shares or upon the exercise by the Pledgor any such issuer or the Lender of any right, privilege or option pertaining to such Sharesany shares of the Pledged Stock and, and in connection therewith, the right to deposit and deliver any and all of the Shares Pledged Stock with any committee, depositarydepository, transfer agent, registrar or other designated agency upon on such terms and conditions as the Lender may determine), all without liability (other than for its gross negligence or willful misconduct) except to account for Property property actually received by it, but the Lender shall have no duty to the Pledgor to exercise any such rightof the aforesaid rights, privilege privileges or option options and shall not be responsible for any failure to do so or delay in so doing; provided that the Lender shall not exercise any voting or other consensual rights pertaining to the Shares in any way that would constitute an exercise of the remedies described in paragraph 8 other than in accordance with such paragraph.