Common use of Acceleration and Remedies Clause in Contracts

Acceleration and Remedies. Upon the acceleration of the Obligations under either of the Credit Agreements pursuant to Section 9.02 thereof, the Collateral Agent may, with the concurrence or at the direction of the Required Secured Parties, exercise any or all of the following rights and remedies: 5.2.1 Those rights and remedies provided in this Security Agreement, the Credit Agreements, or any other Loan Document, provided that this Section 5.2.1 shall not be understood to limit any rights or remedies available to the Collateral Agent and the Lenders prior to an Event of Default. 5.2.2 Those rights and remedies available to a secured party under the New York UCC (whether or not the New York UCC applies to the affected Collateral) or under any other applicable law (including, without limitation, any law governing the exercise of a bank's right of setoff or bankers' lien) when a debtor is in default under a security agreement. 5.2.3 Without notice except as specifically provided herein, sell, lease, assign, grant an option or options to purchase or otherwise dispose of the Collateral or any part thereof in one or more parcels at public or private sale, for cash, on credit or for future delivery, and upon such other terms as the Collateral Agent may deem commercially reasonable. The Collateral Agent may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Consumers Energy Co), Pledge and Security Agreement (Consumers Energy Co)

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Acceleration and Remedies. Upon the acceleration of the Obligations under either of the Credit Agreements Agreement pursuant to Section 9.02 thereof, the Collateral Agent may, with the concurrence or at the direction of the Required Secured PartiesLenders, exercise any or all of the following rights and remedies: 5.2.1 Those rights and remedies provided in this Security Agreement, the Credit AgreementsAgreement, or any other Loan Document, provided that this Section 5.2.1 shall not be understood to limit any rights or remedies available to the Collateral Agent and the Lenders other Secured Parties prior to an Event of Default. 5.2.2 Those rights and remedies available to a secured party under the New York UCC (whether or not the New York UCC applies to the affected Collateral) or under any other applicable law (including, without limitation, any law governing the exercise of a bank's ’s right of setoff or bankers' lien) when a debtor is in default under a security agreement. 5.2.3 Without notice except as specifically provided herein, sell, lease, assign, grant an option or options to purchase or otherwise dispose of the Collateral or any part thereof in one or more parcels at public or private sale, for cash, on credit or for future delivery, and upon such other terms as the Collateral Agent may deem commercially reasonable. The Collateral Agent may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Consumers Energy Co), Credit Agreement (CMS Energy Corp)

Acceleration and Remedies. Upon the acceleration of the Obligations under either of the Credit Agreements Agreement pursuant to Section 9.02 thereof, the Collateral Agent may, with the concurrence or at the direction of the Required Secured Parties, exercise any or all of the following rights and remedies: 5.2.1 Those rights and remedies provided in this Security Agreement, the Credit AgreementsAgreement, or any other Loan Document, provided that this Section 5.2.1 shall not be understood to limit any rights or remedies available to the Collateral Agent and the Lenders prior to an Event of Default. 5.2.2 Those rights and remedies available to a secured party under the New York UCC (whether or not the New York UCC applies to the affected Collateral) or under any other applicable law (including, without limitation, any law governing the exercise of a bank's right of setoff or bankers' lien) when a debtor is in default under a security agreement. 5.2.3 Without notice except as specifically provided herein, sell, lease, assign, grant an option or options to purchase or otherwise dispose of the Collateral or any part thereof in one or more parcels at public or private sale, for cash, on credit or for future delivery, and upon such other terms as the Collateral Agent may deem commercially reasonable. The Collateral Agent may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (Consumers Energy Co)

Acceleration and Remedies. Upon the acceleration of the Obligations under either of the Credit Agreements Agreement pursuant to Section 9.02 8.02 thereof, the Collateral Agent may, with the concurrence or at the direction of the Required Secured PartiesLenders, exercise any or all of the following rights and remedies: 5.2.1 Those rights and remedies provided in this Security Agreement, the Credit AgreementsAgreement, or any other Loan Document, provided that this Section 5.2.1 shall not be understood to limit any rights or remedies available to the Collateral Agent and the Lenders other Secured Parties prior to an Event of Default. 5.2.2 Those rights and remedies available to a secured party under the New York UCC (whether or not the New York UCC applies to the affected Collateral) or under any other applicable law (including, without limitation, any law governing the exercise of a bank's right of setoff or bankers' lien) when a debtor is in default under a security agreement. 5.2.3 Without notice except as specifically provided herein, sell, lease, assign, grant an option or options to purchase or otherwise dispose of the Collateral or any part thereof in one or more parcels at public or private sale, for cash, on credit or for future delivery, and upon such other terms as the Collateral Agent may deem commercially reasonable. The Collateral Agent may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (CMS Energy Corp)

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Acceleration and Remedies. Upon the acceleration of the Obligations under either of the Credit Agreements Agreement pursuant to Section 9.02 9.2 thereof, the Collateral Administrative Agent may, with the concurrence or at the direction of the Required Secured PartiesMajority Banks, exercise any or all of the following rights and remedies: 5.2.1 Those rights and remedies provided in this Security Agreement, the Credit AgreementsAgreement, or any other Loan Credit Document, provided that this Section 5.2.1 shall not be understood to limit any rights or remedies available to the Collateral Administrative Agent and the Lenders other Secured Parties prior to an Event of Default. 5.2.2 Those rights and remedies available to a secured party under the New York UCC (whether or not the New York UCC applies to the affected Collateral) or under any other applicable law (including, without limitation, any law governing the exercise of a bank's ’s right of setoff or bankers' lien) when a debtor is in default under a security agreement. 5.2.3 Without notice except as specifically provided herein, sell, lease, assign, grant an option or options to purchase or otherwise dispose of the Collateral or any part thereof in one or more parcels at public or private sale, for cash, on credit or for future delivery, and upon such other terms as the Collateral Administrative Agent may deem commercially reasonable. The Collateral Administrative Agent may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (CMS Energy Corp)

Acceleration and Remedies. Upon the acceleration of the Obligations Indebtedness under either of the Credit Agreements pursuant to Section 9.02 thereofLoan Agreement, the Collateral Agent mayIndebtedness shall immediately become due and payable without presentment, with the concurrence demand, protest or at the direction notice of the Required any kind, all of which are hereby expressly waived, and Secured Parties, Party may exercise any or all of the following rights and remedies: 5.2.1 5.2.1. Those rights and remedies provided in this Security Agreement, the Credit AgreementsLoan Agreement, or any other Loan Document, provided that this Section 5.2.1 shall not be understood to limit any rights or remedies available to the Collateral Agent and the Lenders Secured Party prior to an Event of a Default. 5.2.2 5.2.2. Those rights and remedies available to a secured party under the New York UCC (whether or not the New York UCC applies to the affected Collateral) or under any other applicable law (including, without limitation, any law governing the exercise of a bank's right of setoff or bankers' lien) when a debtor is in default under a security agreement. 5.2.3 5.2.3. Without notice except as specifically provided in Section 8.1 or elsewhere herein, sell, lease, assign, grant an option or options to purchase or otherwise dispose of the Collateral or any part thereof in one or more parcels at public or private sale, for cash, on credit or for future delivery, and upon such other terms as the Collateral Agent Secured Party may deem commercially reasonablereasonable or that any obligation to clean-up or otherwise prepare the Collateral for sale. The Collateral Agent Secured Party may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered adversely to adversely affect the commercial reasonableness of any sale of the Collateral.

Appears in 1 contract

Samples: Security Agreement (Stabilis Solutions, Inc.)

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