Common use of Separate Exercise of Remedies Clause in Contracts

Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured Parties) may exercise remedies against each Borrower and its property separately, whether or not the Administrative Agent exercises remedies against any other Borrower or its property. The Administrative Agent may enforce one or more Borrower’s obligations without enforcing any other Borrower’s obligations and vice versa. Any failure or inability of the Administrative Agent to enforce one or more Borrower’s obligations shall not in any way limit the Administrative Agent’s right to enforce the obligations of the other Borrowers. If the Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Loans only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans secured by such Collateral Documents under the applicable state law.

Appears in 10 contracts

Samples: Revolving Credit Agreement (MSD Investment Corp.), Revolving Credit Agreement (BlackRock Direct Lending Corp.), Revolving Credit Agreement (Brightwood Capital Corp I)

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Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured PartiesLenders) may exercise remedies against each any Borrower and its property separately, whether or not the Administrative Agent exercises remedies against any other Borrower or its property. The Administrative Agent may enforce one or more any Borrower’s obligations without enforcing any other Borrower’s obligations and vice versaobligations. Any failure or inability of the Administrative Agent to enforce one or more any Borrower’s obligations shall not in any way limit the Administrative Agent’s right to enforce the obligations of the any other BorrowersBorrower. If the Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Loans only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans secured by such Collateral Documents under the applicable state law.

Appears in 9 contracts

Samples: Revolving Credit Agreement (BlackRock Direct Lending Corp.), Revolving Credit Agreement (MN8 Energy, Inc.), Revolving Credit Agreement (MN8 Energy, Inc.)

Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured PartiesLenders) may exercise remedies against each Fund Borrower and its property separately, whether or not the Administrative Agent exercises remedies against any the other Borrower Fund Borrowers or its their property. The Administrative Agent may enforce one or more Fund Borrower’s obligations without enforcing any the other Borrower’s Fund Borrowers’ obligations and vice versa. Any failure or inability of the Administrative Agent to enforce one or more Fund Borrower’s obligations shall not in any way limit the Administrative Agent’s right to enforce the obligations of the other Fund Borrowers. If the Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Loans Obligations only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans Obligations secured by such Collateral Documents under the applicable state lawLaw.

Appears in 4 contracts

Samples: Credit Agreement (AGTB Private BDC), Revolving Credit Agreement (Carlyle Secured Lending III), Revolving Credit Agreement (Franklin BSP Capital Corp)

Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured Parties) may exercise remedies against each Borrower Credit Party and its property separately, whether or not the Administrative Agent exercises remedies against any other Borrower Credit Party or its property. The Administrative Agent may enforce one or more BorrowerCredit Party’s obligations without enforcing any other BorrowerCredit Party’s obligations and vice versa. Any failure or inability of the Administrative Agent to enforce one or more BorrowerCredit Party’s obligations shall not in any way limit the Administrative Agent’s right to enforce the obligations of the other BorrowersCredit Parties. If the Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Loans only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans secured by such Collateral Documents under the applicable state law.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Crescent Capital BDC, Inc.), Revolving Credit Agreement (Crescent Capital BDC, Inc.)

Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured Parties) may exercise remedies against each Borrower Guarantor and its property separately, whether or not the Administrative Agent exercises remedies against any the other Borrower Guarantor or its property. The Administrative Agent may enforce one or more BorrowerGuarantor’s obligations without enforcing any the other BorrowerGuarantor’s obligations and vice versa. Any failure or inability of the Administrative Agent to enforce one or more BorrowerGuarantor’s obligations shall will not in any way limit the Administrative Agent’s right to enforce the obligations of the other BorrowersGuarantor. If the Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be is hereby deemed to reduce the balance of the Loans Obligations only to the extent of the cash proceeds actually realized by the Lenders Secured Parties from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans Obligations secured by such Collateral Documents under the applicable state lawLaw.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Oaktree Gardens OLP, LLC), Revolving Credit Agreement (J.P. Morgan Real Estate Income Trust, Inc.)

Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured Parties) may exercise remedies against each Borrower Party and its property separately, whether or not the Administrative Agent exercises remedies against any other Borrower Party or its property. The Administrative Agent may enforce one (1) or more BorrowerBorrower Party’s obligations without enforcing any other Borrower’s obligations and vice versa. Any failure or inability of the Administrative Agent to enforce one (1) or more BorrowerBorrower Party’s obligations shall not in any way limit the Administrative Agent’s right to enforce the obligations of the other BorrowersBorrower Parties. If the Administrative Agent forecloses or exercises similar remedies under any one (1) or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Loans only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans secured by such Collateral Documents under the applicable state law.

Appears in 1 contract

Samples: Revolving Credit Agreement (Oaktree Gardens OLP, LLC)

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Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured Parties) may exercise remedies against each Borrower and its property separately, whether or not the Administrative Agent exercises remedies against any the other Borrower or its property. The Administrative Agent may enforce one or more Borrower’s obligations without enforcing any the other Borrower’s obligations and vice versa. Any failure or inability of the Administrative Agent to enforce one or more Borrower’s obligations shall will not in any way limit the Administrative Agent’s right to enforce the obligations of the other BorrowersBorrower. If the Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be is hereby deemed to reduce the balance of the Loans Obligations only to the extent of the cash proceeds actually realized by the Lenders Secured Parties from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans Obligations secured by such Collateral Documents under the applicable state lawLaw.

Appears in 1 contract

Samples: Revolving Credit Agreement (J.P. Morgan Real Estate Income Trust, Inc.)

Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured Parties) may exercise remedies against each Borrower Guarantor and its property separately, whether or not the Administrative Agent exercises remedies against any other Borrower Guarantor or its property. The Administrative Agent may enforce one (1) or more Borrower’s Guarantors’ obligations without enforcing any other BorrowerGuarantor’s obligations and vice versa. Any failure or inability of the Administrative Agent to enforce one (1) or more Borrower’s Guarantors’ obligations shall not in any way limit the Administrative Agent’s right to enforce the obligations of the any other BorrowersGuarantor. If the Administrative Agent forecloses or exercises similar remedies under any one (1) or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Loans Obligations only to the extent of the cash proceeds actually realized by the Lenders Secured Parties from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans Obligations secured by such Collateral Documents under the applicable state lawLaw.

Appears in 1 contract

Samples: Revolving Credit Agreement (Invesco Commercial Real Estate Finance Trust, Inc.)

Separate Exercise of Remedies. The Administrative Agent (on behalf of the Secured PartiesLenders) may exercise remedies against each Borrower and its property separately, whether or not the Administrative Agent exercises remedies against any the other Borrower or its property. The Administrative Agent may enforce one or more Borrower’s obligations without enforcing any the other Borrower’s obligations and vice versaobligations. Any failure or inability of the Administrative Agent to enforce one or more Borrower’s obligations shall not in any way limit the Administrative Agent’s right to enforce the obligations of the other BorrowersBorrower. If the Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Loans only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Loans secured by such Collateral Documents under the applicable state law.

Appears in 1 contract

Samples: Revolving Credit Agreement (Apollo Asset Management, Inc.)

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