Common use of Agent’s Discretion Clause in Contracts

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 102 contracts

Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)

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Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 50 contracts

Samples: Security Agreement (Horsehead Holding Corp), Security Agreement (Union Drilling Inc), Credit, Term Loan and Security Agreement (Aaf McQuay Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against Borrowers or each other.

Appears in 16 contracts

Samples: Security Agreement (Dril-Quip Inc), Guaranty and Security Agreement (Dril-Quip Inc), Security Agreement (Dril-Quip Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against the Loan Parties or each other.

Appears in 13 contracts

Samples: Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.), Credit and Security Agreement (Quantum Corp /De/)

Agent’s Discretion. Agent shall have the right in its sole reasonable discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 5 contracts

Samples: Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against Loan Parties or each other.

Appears in 5 contracts

Samples: Security Agreement (PHI Group, Inc./De), Security Agreement (PHI Group, Inc./De), Credit and Security Agreement (Invacare Corp)

Agent’s Discretion. Agent shall have the right in its sole ------------------ discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 4 contracts

Samples: Revolving Credit and Security Agreement (Eltrax Systems Inc), Credit and Security Agreement (Pc Connection Inc), Air Methods Corp

Agent’s Discretion. Agent shall have the right in its sole discretion Permitted Discretion to determine which rights, Liens, security interests Liens or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 4 contracts

Samples: Loan and Security Agreement (American Outdoor Brands, Inc.), Loan and Security Agreement (American Outdoor Brands, Inc.), Loan and Security Agreement (Primo Water Corp)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against the Credit Parties or each other.

Appears in 3 contracts

Samples: Guaranty Agreement (Drilling Tools International Corp), Term Loan and Security Agreement (Direct Digital Holdings, Inc.), Guaranty Agreement (ROC Energy Acquisition Corp.)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against any Loan Parties or each other.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.), Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.), Security Agreement (Viant Technology Inc.)

Agent’s Discretion. Agent shall have the right in its sole reasonable discretion to determine which rights, Liens, security interests Liens or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Forbes Energy Services Ltd.), Loan and Security Agreement (Forbes Energy Services Ltd.)

Agent’s Discretion. Agent shall have the right in its sole discretion (subject to any requirement herein to obtain the consent of the Required Lenders) to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 2 contracts

Samples: Security Agreement (Richton International Corp), Security Agreement (Richton International Corp)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.. 105

Appears in 2 contracts

Samples: Credit Agreement (Boot Barn Holdings, Inc.), Credit Agreement (Boot Barn Holdings, Inc.)

Agent’s Discretion. Agent shall have the right in its sole discretion Permitted Discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 2 contracts

Samples: Security Agreement (Goodman Networks Inc), Security Agreement (Enservco Corp)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against Borrowers, Guarantors, or each other.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Build-a-Bear Workshop Inc), Revolving Credit and Security Agreement (Build a Bear Workshop Inc)

Agent’s Discretion. Except as provided in this Agreement or any Other Document, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 2 contracts

Samples: Term Loan Credit and Security Agreement (EVINE Live Inc.), Security Agreement (Valuevision Media Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion ------------------ discretion, but with the consent of the Required Lenders to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 2 contracts

Samples: Credit and Security Agreement (Styrochem International Inc), Revolving Credit and Security Agreement (Styrochem International LTD)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunderhereunder as against Borrowers or each other.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP), Credit and Security Agreement (Great Lakes Dredge & Dock CORP)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ or Term Lender’s rights hereunder.

Appears in 2 contracts

Samples: Financing Agreement (Rafaella Apparel Group,inc.), Financing Agreement (Rafaella Apparel Group,inc.)

Agent’s Discretion. Agent shall have the right in its sole discretion discretion, but with the consent of the Required Lenders to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 2 contracts

Samples: Security Agreement (Radnor Holdings Corp), Credit and Security Agreement (Radnor Holdings Corp)

Agent’s Discretion. Agent shall have the right in its sole discretion ------------------ to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 2 contracts

Samples: Security Agreement (Delta Woodside Industries Inc /Sc/), Security Agreement (Delta Mills Inc)

Agent’s Discretion. The Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies the Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of the Agent’s or ’s, the Lenders’ or the Issuer’s rights hereunder.

Appears in 2 contracts

Samples: Revolving Credit (Radnor Holdings Corp), Security Agreement (Lesco Inc/Oh)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ Secured Party rights hereunder.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Security Agreement (Virco MFG Corporation)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunderhereunder as against Loan Parties or each other.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ati Inc), Security Agreement (Allegheny Technologies Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, subordinate or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vision-Ease Lens CORP), Loan and Security Agreement (Vision-Ease Lens, Inc.)

Agent’s Discretion. Subject to Section 14.6, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Imco Recycling Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will shall not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against Borrowers or each other.

Appears in 1 contract

Samples: Loan and Security Agreement (Boomerang Systems, Inc.)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies granted hereunder or under any Other Document Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s ' s or Lenders', rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Centurion Wireless Technologies Inc)

Agent’s Discretion. Agent shall have the right in its sole sale discretion to determine which rights, Liensliens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 1 contract

Samples: Financing Agreement (Verrazano,inc.)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect thereto and such determination will not in to any way modify or affect any all of Agent’s or Lenders’ rights hereunder.the Collateral and

Appears in 1 contract

Samples: Credit and Security Agreement (Virco MFG Corporation)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or LendersLxxxxxx’ rights hereunder.

Appears in 1 contract

Samples: Credit and Security Agreement (ARKO Corp.)

Agent’s Discretion. Agent shall have the right in its sole ------------------- discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Intelligroup Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunderhereunder as against Borrower or each other.

Appears in 1 contract

Samples: Loan and Security Agreement (Banyan Acquisition Corp)

Agent’s Discretion. Subject to the provision of Article XIV hereof, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Philipp Brothers Chemicals Inc

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Agent’s Discretion. Agent shall have the right in its sole reasonable discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or LendersLxxxxxx’ rights hereunder.. 103

Appears in 1 contract

Samples: Security Agreement (Perma Fix Environmental Services Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and any other action to take with respect thereto to any or all of the Collateral and in what order, and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against Borrowers, Guarantors, or each other.

Appears in 1 contract

Samples: Credit and Security Agreement (Finish Line Inc /In/)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests Liens or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Winnebago Industries Inc)

Agent’s Discretion. Subject to Section 14.13, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Empeiria Acquisition Corp)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders, rights hereunder;.

Appears in 1 contract

Samples: Security Agreement (Candies Inc)

Agent’s Discretion. Subject to Article XIV hereof, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Castle a M & Co

Agent’s Discretion. Agent shall have the right in its sole reasonable discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Lets Talk Cellular & Wireless Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder. Nothing contained in this Agreement or the Other Documents shall be deemed to compel Agent to accept a cure of any Event of Default.

Appears in 1 contract

Samples: Security Agreement (Bentley Systems Inc)

Agent’s Discretion. Subject to the provisions of Section 14 below, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Security Agreement (HMG Worldwide Corp)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ 's rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Gencor Industries Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the Collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.hereunder as against the Loan Parties or each other. ​ ​

Appears in 1 contract

Samples: Security Agreement (Williams Industrial Services Group Inc.)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder. 11.3.

Appears in 1 contract

Samples: Security Agreement (Terrace Holdings Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests rights or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will shall not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Crystal River Capital, Inc.)

Agent’s Discretion. Upon the occurrence and during the continuance of an Event of Default hereunder, Agent shall have the right in its sole discretion Permitted Discretion to determine which rights, Liens, security interests Liens or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Castle a M & Co)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto thereto, and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Waxman Industries Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunderhereunder as against Borrowers or each other. 11.3.

Appears in 1 contract

Samples: Loan and Security Agreement (United States Steel Corp)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders’ any Lender's rights hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Measurement Specialties Inc)

Agent’s Discretion. After the occurrence and during the continuance of an Event of Default, Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

Appears in 1 contract

Samples: Security Agreement (Osteotech Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion discretion, but with the consent of the Required Lenders to determine which rights, Liens, security interests interest or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Agreement (Styrochem U S Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion credit judgment to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s 's or Lenders' rights hereunder.

Appears in 1 contract

Samples: Security Agreement (HLM Design Inc)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or modify, which procedures, timing and methodologies to take employ, and what any other action to take with respect to any or all of the collateral and in what order, thereto and such determination will not in any way modify or affect any of Agent’s or LendersCash Collateral Providers’ rights hereunderhereunder as against Loan Parties or each other. 11.3.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)

Agent’s Discretion. Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ Lender’s rights hereunder.

Appears in 1 contract

Samples: Security and Guaranty Agreement (Behringer Harvard Reit I Inc)

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