Remedies with Respect to Collateral. Without limiting any rights or remedies Agent or any Lender may have pursuant to this Agreement, the other Loan Documents, under applicable law or otherwise, upon the occurrence and during the continuation of an Event of Default:
Remedies with Respect to Collateral. Immediately upon the occurrence and during the continuance of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, to the extent permitted by applicable law: (a) remove from any premises where same may be located any and all books and records, computers, electronic media and software programs associated with any Collateral (including electronic records, contracts and signatures pertaining thereto), documents, instruments and files, and any receptacles or cabinets containing same, relating to the Accounts, and the Agent may use, at the Companies’ expense, such of the Companies’ personnel, supplies or space at any Company’s place of business or otherwise, as may be necessary to properly administer and control the Accounts or the handling of collections and realizations thereon; (b) bring suit, in the name of the Companies (or any of them), the Lenders or the Agent on behalf of the Lenders, and generally shall have all other rights respecting the Accounts, including, without limitation, the right to (i) accelerate or extend the time of payment, (ii) settle, compromise, release in whole or in part any amounts owing on any Accounts and (iii) issue credits in the name of the Companies (or any of them) or the Agent; (c) sell, assign and deliver the Collateral and any returned, reclaimed or repossessed merchandise, with or without advertisement, at public or private sale, for cash, on credit or otherwise, at the Agent’s sole option and discretion, and the Agent, on behalf of the Lenders, may bid or become a purchaser at any such sale, free from any right of redemption, which right is hereby expressly waived by the Companies; (d) foreclose the Agent’s security interests in the Collateral by any available judicial procedure, or take possession of any or all of the Collateral without judicial process, and to enter any premises where any Collateral may be located for the purpose of taking possession of or removing the same; and (e) exercise any other rights and remedies provided in law, in equity, by contract or otherwise. During the existence of an Event of Default, the Agent shall also have the right, without notice or advertisement, to sell, lease, or otherwise dispose of all or any part of the Collateral whether in its then condition or after further preparation or processing, in the name of the Companies (or any of them) or the Agent, on behalf of the Lenders, or in the name of such other party as the A...
Remedies with Respect to Collateral. Upon the occurrence of any Event of Default, the Agent shall, in addition to all other rights and remedies, have all the rights and remedies of a secured party under the Uniform Commercial Code. The Agent may require the Borrower to take any steps necessary to make the Collateral available to the Agent at a place designated by the Agent which is reasonably convenient. Any requirement of the Code for reasonable notice to the Borrower shall be met if such notice is given to the Borrower at least ten days before the time of the sale, disposition or other event or thing giving rise to the required notice. The Agent may sell, assign and deliver the whole or, from time to time, any part of the Collateral or any interest therein or any part thereof, at any private sale or at a public auction, with or without demand, advertisement or notice of the time and place or sale or adjournment thereof or otherwise, except that, consistent with the preceding sentence, a notice of any such sale shall be given to the Borrower ten days before such sale, which may be for cash, on credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as the Agent its sole discretion may determine. The Borrower waives and releases any and all right or equity of redemption either before or after any such sale except for his right to redeem such Collateral upon payment of the Secured Obligations. At any such sale, the Agent may bid and purchase for its own account, the whole or any part of the Collateral so sold free from any such right or equity of redemption. The proceeds from any such sale shall be applied by the Agent to satisfy the Secured Obligations in such order as it may deem appropriate. The Borrower agrees to pay all costs and expenses including court costs and reasonable attorneys' fees, incurred by the Agent and Morgan in enforcing any of the terms hereof or in retaking, holding, xxxxaring for sale, selling, protecting, collecting or otherwise realizing upon any of the Collateral (including any such of the foregoing actions taken or done in any proceeding for relief of debtors under the Bankruptcy Code of the United States); and all such costs and expenses shall constitute additional indebtedness under the Credit Agreement payable on demand together with interest thereon at the default rate specified in Section 2.04 of the Credit Agreement, and shall also constitute part of the Secured Obligations secured by the security interest...
Remedies with Respect to Collateral. (a) If any Pledgor fails to pay or perform any Secured Obligation when due, the Operating Partnership and/or the Company, without obligation to resort to any other security (other than insurance proceeds, if any, as contemplated in Section 2.3(c) of the Indemnification Agreement), shall have the right at any time and from time to time to receive all or any part of the Collateral with a value equal to the amount of such Secured Obligation, and all right, title and interest, claim and demand therein and right of redemption thereof and to sell the Collateral in any manner permitted by the Uniform Commercial Code as in effect in the State of Delaware (the “UCC”).
Remedies with Respect to Collateral. (a) Upon the occurrence of an Event of Default, the Collateral Agent or any representative of the Collateral Agent shall have the rights and remedies of a secured party under the UCC in effect on the date
Remedies with Respect to Collateral. (a) Upon the occurrence of an Event of Default, the Agent or any representative of Agent shall have the rights and remedies of a secured party under the UCC in effect on the date thereof (regardless of whether the same has been enacted in the jurisdiction where the rights or remedies are asserted), including, without limitation, the right to require the Borrowers and the Guarantors to assemble the Collateral, at the Borrowers' expense, and make it available to the Agent at a place designated by the Agent which is reasonably convenient to both parties, and enter any premises where any of the Collateral shall be located and to keep and store the Collateral on said premises until sold (and if said premises be the property of any Borrower, any Guarantor or any of its Subsidiaries, such Borrower or such Guarantor agrees not to charge the Agent for storage thereof), to take possession of any of the Collateral or the proceeds thereof, to sell or otherwise dispose of the same, and the Agent shall have the right to conduct such sales on the premises of the Borrowers or the Guarantors, without charge therefor, and such sales may be adjourned from time to time in accordance with applicable law. The Agent may sell, lease or dispose of Collateral for cash, credit, or any combination thereof, and shall have the right to appoint a receiver of the Accounts and the Inventory or any part thereof, and the right to apply the proceeds therefrom as set forth in SECTION 6.03(b)
Remedies with Respect to Collateral. Immediately after the occurrence and during the continuation of an Event of Default, CIT may, at its option, to the extent permitted by applicable
Remedies with Respect to Collateral. After the occurrence and during the continuance of an Event of Default, but subject at all times to any limitations in the Financing Order, including any notice required by the Financing Order, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, to the extent permitted by applicable law: (a) remove from any premises where same may be located any and all books and records, computers, electronic media and software programs associated with any Collateral (including electronic records, contracts and signatures pertaining thereto), documents, instruments and files, and any receptacles or cabinets containing same, relating to the Accounts, and the Agent may use, at the Company’s expense, such of the Company’s personnel, supplies or space at the Company’s places of business or otherwise, as may be necessary to properly administer and control the Accounts or the handling of collections and realizations thereon; (b) bring suit, in the name of the Company, the Lenders or the Agent on behalf of the Lenders, and generally shall have all other rights respecting the Accounts, including, without limitation, the right to (i) accelerate or extend the time of payment, (ii) settle, compromise, release in whole or in part any amounts owing on any Accounts and (iii) issue credits in the name of the Company or the Agent;
Remedies with Respect to Collateral. (a) Upon the occurrence and during the continuance of an Event of Default, Lender shall have the rights and remedies of a secured party under the UCC in effect on the date thereof. Notwithstanding the foregoing or anything contained herein to the contrary, Lender shall, upon the occurrence and during the continuance of an Event of Default, be entitled to exercise all rights and remedies available to it under the Program Documents and at law, including without limitation its right to withdraw Collections from the Dollar Collection Account and the Euro Collection Account and apply them as set forth in this Agreement.
Remedies with Respect to Collateral. (a) Upon the occurrence and during the continuance of a Termination Event, the Agent shall have the rights and remedies of a secured party under the UCC in effect on the date thereof; provided that the Agent may not sell, lease or dispose of the Collateral unless Borrower shall fail to pay when due (i) any portion or all of the principal of the Aggregate Advances within two (2) Business Days after the Final Payment Date, or (ii) any interest on the Aggregate Advances and such failure shall continued unremedied for 5 Business Days. Notwithstanding the foregoing or anything contained herein to the contrary, the Agent shall, upon the occurrence and during the continuance of a Termination Event, be entitled to exercise all rights and remedies available to it under the Program Documents and at law, including without limitation its right to withdraw Collections from the Collection Accounts and the Lock-Box and apply them as set forth in this Agreement.
