Administration of Collateral. (a) The Indenture Trustee shall as promptly as practicable notify the Noteholders, each Series Enhancer, each Hedge Counterparty and the Administrative Agent of any Manager Default of which a Responsible Officer has actual knowledge. If a Manager Default shall have occurred and then be continuing, the Indenture Trustee, at the written direction of the Requisite Global Majority, shall deliver to the Manager (with a copy to the Administrative Agent, each Series Enhancer, each Hedge Counterparty and each Rating Agency) a Manager Termination Notice terminating the Manager of its responsibilities in accordance with the terms of the Management Agreement. Pursuant to the Administration Agreement, the Administrative Agent shall seek to appoint a replacement Manager acceptable to the Requisite Global Majority. If the Administrative Agent is unable to locate and qualify a replacement Manager acceptable to the Requisite Global Majority within sixty (60) days after the date of delivery of the Manager Termination Notice, then the Indenture Trustee may (and shall, upon the direction of the Requisite Global Majority) appoint, or petition a court of competent jurisdiction to appoint, a company acceptable to the Requisite Global Majority, having a net worth of not less than $5,000,000 and whose regular business includes equipment leasing or servicing, as the successor to the Manager of all or any part of the responsibilities, duties or liabilities of the Manager under the Management Agreement and the other Transaction Documents to which it is a party. The Manager shall continue to fulfill its duties and responsibilities as Manager until such time as its replacement is appointed and has assumed such responsibilities. The replaced Manager shall not be entitled to receive any compensation for any period after the effective date of such replacement, but shall be entitled to receive compensation for services rendered through the effective date of such replacement except to the extent that it is unable to fulfill such duties pending the appointment of a replacement Manager. If the Manager is unable to fulfill such duties pending the appointment of a replacement Manager, the Administrative Agent shall take such actions, which it is reasonably capable of performing and as the Requisite Global Majority shall direct to aid in the transition of the Manager; provided, however, that no provisions of this Indenture or the Administration Agreement shall require the Administrative Agent t...
Administration of Collateral. The provisions set forth below shall govern the administration of the Collateral:
Administration of Collateral. (i) Each Secured Party (acting through the Senior Indenture Trustee or its applicable Additional Authorized Representative, as applicable) hereby appoints the Collateral Agent to serve as Collateral Agent and agent hereunder on the terms and conditions set forth herein. Subject to, and in accordance with, this Agreement, the Collateral Agent will serve as Collateral Agent hereunder, for the benefit solely and exclusively of the present and future Secured Parties, and will, subject to Section 6 hereof, and subject to the Intercreditor Agreement:
Administration of Collateral. (A) Subject to the provisions of Section 3, the Financing Agent shall, until the Financing Agreement Obligations (other than any Excess Financing Agreement Obligations) have been paid in full, have complete and sole discretion in, and shall not be liable to the Collateral Agent for, determining how, when and in what manner the Financing Agent administers the Financing Agreement Obligations or forecloses or otherwise realizes upon the Financing Agreement Collateral or exercises any rights or remedies of a secured party or lien creditor or any other rights with respect to the Financing Agreement Collateral or otherwise takes any action with respect thereto. Without in any way limiting the foregoing, the Collateral Agent specifically acknowledges and agrees that the Financing Agent may, subject to the provisions of Section 3, take such action as it deems appropriate to enforce the Financing Agreement Obligations and its lien on and security interest in the Financing Agreement Collateral, whether or not such action is beneficial to the Collateral Agent’s interest. Also without in any way limiting the foregoing, the Collateral Agent for itself and for all who may claim through or under it, hereby expressly waives and releases any and all rights to have the Financing Agreement Collateral or any part thereof marshaled upon any foreclosure, sale or other realization thereon by the Financing Agent. In order for the Financing Agent to enforce its rights in the Financing Agreement Collateral, there shall be no obligation on the part of the Financing Agent, at any time, to resort for payment of the Financing Agreement Obligations to any obligor thereon or any guarantor thereof, or to any other person or corporation, their properties or estates, or to resort to any other rights or remedies whatsoever, and the Financing Agent shall have the right, subject to the provisions of Section 3, to foreclose or otherwise realize upon the Financing Agreement Collateral upon which it has a security interest irrespective of whether or not other proceedings or steps are pending seeking resort to or realization upon or from any of the foregoing. If the Financing Agent or any Financing Lender becomes the owner of any Patent, Trademark, Copyright or other intellectual property of any Credit Party as a result of the exercise of remedies by the Financing Agent or such Financing Lender with respect to its Lien on such Patent, Trademark, Copyright or other intellectual property, then upon ...
Administration of Collateral. Section 12.01.
Administration of Collateral. The Agent hereby acknowledges the appointment by the Issuer of the Administrator and the Manager to service and administer the Collateral in accordance with the provisions of the Administration Agreement and the Management Agreement and agrees to provide the Administrator and the Manager with such documentation, and to take all such actions, as the Administrator and the Manager may reasonably request in accordance with the provisions of the Administration Agreement and the Management Agreement.
Administration of Collateral. So long as no Event of Default shall have occurred and be continuing, Pledgor may (to the extent not inconsistent with the provisions of the Loan Documents or the ESOP Loan Documents) (i) sell, transfer or dispose of any asset owned by it or (ii) collect or compromise Accounts and General Intangibles in the ordinary course of business in any lawful manner.
Administration of Collateral. Section 12.01. Initial Deposit of Notes 107 Section 12.02. Establishment of Collateral Account 107 Section 12.03. Treatment as Financial Assets 108 Section 12.04. Sole Control by Collateral Agent 108 Section 12.05. Jurisdiction 108 Section 12.06. No Other Claims 108 Section 12.07. Investment and Release 108 Section 12.08. Statements and Confirmations 108 Section 12.09. Reserved 109 Section 12.10. No Other Agreements 109 Section 12.11. Powers Coupled with an Interest 109 Section 12.12. Waiver of Lien; Waiver of Set-off 109 ARTICLE 13 RIGHTS AND REMEDIES OF THE COLLATERAL AGENT Section 13.01. Rights and Remedies of the Collateral Agent 109 ARTICLE 14
Administration of Collateral. Each of the Secured Parties hereby acknowledges and agrees that the Administrative Agent shall administer the Collateral in the manner contemplated by this Agreement and the Security Documents and the Administrative Agent shall exercise such rights and remedies with respect to the Collateral as are granted to it under the Security Documents in each case, to the maximum extent permitted under Requirement of Law. No Secured Party and no class or classes of Secured Parties shall have any right (a) to direct the Administrative Agent to take any action in respect of the Collateral other than as provided in this Agreement or the Credit Agreement or (b) to take any action with respect to the Collateral (i) independently of the Administrative Agent or (ii) other than to direct the Administrative Agent to take action in accordance with this Agreement or the Credit Agreement, to the maximum extent permitted under Requirements of Law.
Administration of Collateral. Section 12.01. Initial Deposit of Convertible Preferred Stock 98 Section 12.02. Establishment of Collateral Account 98 Section 12.03. Treatment as Financial Assets 99 Section 12.04. Sole Control by Collateral Agent 99 Section 12.05. Jurisdiction 100 Section 12.06. No Other Claims 100 Section 12.07. Investment and Release 100 Section 12.08. Treasury Securities 101 Section 12.09. Statements and Confirmations 101 Section 12.10. Tax Allocations 101 Section 12.11. No Other Agreements 102 Section 12.12. Powers Coupled with an Interest 102 Section 12.13. Waiver of Lien Waiver of Set-off 102 ARTICLE 13 RIGHTS AND REMEDIES OF THE COLLATERAL AGENT Section 13.01. Rights and Remedies of the Collateral Agent 102 ARTICLE 14 REPRESENTATIONS AND WARRANTIES TO COLLATERAL AGENT; HOLDER COVENANTS Section 14.01. Representations And Warranties 103 Section 14.02. Covenants 104 ARTICLE 15 THE COLLATERAL AGENT, THE CUSTODIAL AGENT AND THE SECURITIES INTERMEDIARY Section 15.01. Appointment, Powers and Immunities 105 Section 15.02. Instructions of the Company 106 Section 15.03. Reliance by Collateral Agent, Custodial Agent and Securities Intermediary 106 Section 15.04. Certain Rights 107 Section 15.05. Merger, Conversion, Consolidation or Succession to Business 107 Section 15.06. Rights in Other Capacities 108 Section 15.07. Non-reliance on the Collateral Agent, Custodial Agent and Securities Intermediary 108 Section 15.08. Compensation And Indemnity 108 Section 15.09. Failure to Act 109 Section 15.10. Resignation of Collateral Agent, the Custodial Agent and the Securities Intermediary 110 Section 15.11. Right to Appoint Agent or Advisor 111 Section 15.12. Survival 111 Section 15.13. Exculpation 111 Section 15.14. Expenses, Etc. 111
