Notice of Enforcement. At any time that a Notice of Enforcement is in effect, the Corporate Trustee may at its option (but shall not be obligated to do so in the absence of a direction from the Required Secured Parties), without notice to or demand upon the Borrower (both of which are hereby waived for the purpose of this subsection), in addition to all other rights and remedies provided under the Trust Agreement, this Agreement and the other Security Documents, in its own name or the name of the Borrower, perform, demand, exercise any of the rights of the Borrower under, agree to waive, amend or modify any provision of, xxx upon or otherwise enforce the Contracts to the same extent as if the Corporate Trustee were the party named in the Contract, and exercise all other rights of the Borrower under the Contracts in such manner as it may determine.
Notice of Enforcement. (a) Upon receipt by the Corporate Trustee of a Notice of Enforcement, the Corporate Trustee shall immediately notify the Borrower, each Holder Representative and each Unrepresented Holder of the receipt and contents thereof. So long as such Notice of Enforcement is in effect, the Trustees shall exercise the rights and remedies provided in this Trust Agreement and in the Guarantees and the Security Documents in accordance with the direction of the Required Secured Parties as provided herein. The Trustees are not empowered to exercise any remedy hereunder or thereunder relating to the foreclosure of Collateral or enforcement of any Guarantee unless a Notice of Enforcement is in effect; provided that, for the avoidance of doubt, this subsection 2.1(a) shall in no event limit the right of the Trustees to exercise such rights and remedies as they may have hereunder and under the Security Documents to preserve and protect the Collateral and the rights of the Trustees and the Secured Parties therein.
Notice of Enforcement. If any party performs any of the enforcement actions described above, or otherwise enforces the terms and conditions of this Agreement, that enforcing party must provide the other party with a notification of all enforcement actions taken within ten (10) calendar days of the applicable action.
Notice of Enforcement. Each Senior Lender shall give a Notice of Enforcement to all other Senior Lenders as soon as possible, but in any event, within ten days of becoming aware of the occurrence of an Enforcement in respect of any of the Senior Indebtedness owed to such Senior Lender.
Notice of Enforcement. If a Notice of Enforcement is in effect, the Grantor shall, if so directed by the Corporate Trustee (who shall give such direction only if required to do so by the Required Secured Parties) or if an Automatic Acceleration Event (as defined below) has occurred:
Notice of Enforcement. If a Notice of Enforcement is in effect, the Borrower shall, if so directed by the Corporate Trustee (who shall give such direction only if required to do so by the Required Secured Parties) or if an Automatic Acceleration Event (as defined below) has occurred:
Notice of Enforcement. 11 2.2 General Authority of the Trustees over the Collateral and Guarantees............................................... 11 2.3
Notice of Enforcement. Upon receipt from Lender of a Notice of Enforcement, each Lessee under the Leases is hereby authorized and directed to pay directly to Lender all Rents and Revenues thereafter accruing and the receipt of Rents and Revenues by Lender shall be a release of such Lessee to the extent of all amounts so paid. The receipt by a Lessee under the Leases of a Notice of Enforcement shall be sufficient authorization for such Lessee to make all future payments of Rents and Revenues directly to Lender and each such Lessee shall be entitled to rely on the Notice of Enforcement and shall have no liability to Borrower for any Rents and Revenues paid to Lender after receipt of the Notice of Enforcement. Rents and Revenues so received by Lender under this Assignment for any period prior to foreclosure under the Lien Instrument or acceptance of a deed in lieu of such foreclosure shall be applied by Lender to the payment of the following (in such order and priority as Lender shall determine): (i) all Operating Expenses; (ii) all expenses incident to taking and retaining possession of the Mortgaged Property and/or collecting Rent as it becomes due and payable; and (iii) the Indebtedness. In no event will the provisions of this Section 4.3 reduce the Indebtedness except to the extent, if any, that Rents and Revenues are actually received by Lender and applied upon or after said receipt to such Indebtedness in accordance with the preceding sentence. Without impairing its rights hereunder, Lender may, at its option, at any time and from time to time, release to Borrower, Rents and Revenues so received by Lender or any part thereof. As between Borrower and Lender, and any Person claiming through or under Borrower, other than any Lessee under the Leases who has not received a Notice of Enforcement, this Assignment is intended to be absolute, unconditional and presently and immediately effective (and not an assignment for additional security), and the Notice of Enforcement hereof is intended solely for the benefit of each such Lessee and shall never inure to the benefit of Borrower or any Person claiming through or under Borrower, other than a Lessee who has not received such notice. BORROWER SHALL HAVE NO RIGHT OR CLAIM AGAINST ANY LESSEE FOR THE PAYMENT OF ANY RENTS AND REVENUES BY SUCH LESSEE TO LENDER HEREUNDER. ASSIGNMENT OF RENTS AND REVENUES - Page 9 667204; Miami-Dade County, Florida
Notice of Enforcement. To the extent not prohibited by law or except as expressly required under this document or a Security Document, before enforcing this document or any other Security Document, or exercising any Power, the Security Trustee is not required to give any notice or allow the expiration of time to any person.
Notice of Enforcement. The Lenders agree that, upon either of them commencing Enforcement of its Security, the Lender commencing such Enforcement shall give to the other Lender Notice of commencement of Enforcement, provided that failure to give such Notice shall not render the Lender required to give such Notice liable in any manner to the other Lender or any others, nor shall such failure disentitle such Lender to the benefits of its Security or its rights under this agreement. Certain confidential portions of this Exhibit were omitted by means of marking such portions with brackets (“[*****]”) because the identified confidential portions (i) are not material and (ii) would be competitively harmful if publicly disclosed. ARTICLE TEN RIGHTS OF CO-BORROWERS AND OTHERS
