Access to Collateral. Secured Party, or its agents, may peaceably retake possession of the Collateral with or without notice or process of law, and for that purpose may enter upon any premises where the Collateral is located and remove the same. At Secured Party’s request, Debtor shall assemble the Collateral and deliver it to Secured Party or any place designated by Secured Party, at Debtor’s expense.
Access to Collateral. With respect to each location at which the Collateral is now or hereafter located, Borrower will obtain such lien waivers, estoppel certificates or subordination agreements as the Administrative Agent, the Documentation Agent or the Lenders may reasonably require to insure the priority and perfection of their security interest in, and their ability to take possession of, the Collateral situated at such locations.
Access to Collateral permit the Security Trustee or any other person appointed by it on reasonable notice to have access to and view the state, order and condition of the Collateral and take inventories thereof;
Access to Collateral. If an Event of Default has occurred and is continuing, upon the request of the Facility Agent (on the instruction of any Lender) the Borrower shall provide the Facility Agent and any of its representatives, professional advisers and contractors with access to inspect the Collateral of the Borrower, in each case at reasonable times and upon reasonable notice, subject to any reasonable confidentiality requirements of the Borrower.
Access to Collateral. Notwithstanding anything contained herein to the contrary, and without limiting any other rights or remedies of the DIP Secured Parties contained in this Interim Order or the DIP Documents, or otherwise available at law or in equity, and subject to the terms of the DIP Documents, upon three (3) Business Days’ written notice to the landlord, lienholder, licensor, or other third party owner of any leased or licensed premises or intellectual property that an Event of Default under the DIP Documents or a default by any of the Obligors of any of their obligations under this Interim Order has occurred and is continuing, the DIP Agent (i) may, only subject to any separate agreement by and between the applicable landlord or licensor (the terms of which shall be reasonably acceptable to the parties thereto), enter upon any leased or licensed premises of any of the Obligors for the purpose of exercising any remedy with respect to Collateral located thereon and (ii) subject to applicable law, shall be entitled to all of the Obligors’ rights and privileges as lessee or licensee under the applicable license and to use any and all trademarks, trade-names, copyrights, licenses, patents or any other similar assets of the Obligors, which are owned by or subject to a lien or license of any third party and which are used by the Obligors in their businesses, in either the case of subparagraph (i) or (ii) of this paragraph without interference from lienholders or licensors thereunder; provided, however, that the DIP Agent shall pay only rent and additional rent, fees, royalties or other obligations of the Obligors that first arise after the DIP Agent’s written notice referenced above and that are payable during the period of such occupancy or use by the DIP Agent, as the case may be, calculated on a per diem basis. To the extent applicable law prohibits the forgoing access or use of rights, the DIP Agent shall have the right to an expedited hearing on five (5) Business Days’ notice to obtain Court authorization to obtain such access and/or use such rights. Nothing herein shall require the Obligors or the DIP Agent to assume or assign any lease or license under section 365(a) of the Bankruptcy Code as a precondition to the rights afforded to the DIP Agent in this paragraph.
Access to Collateral. (a) Each of the Revolver Agent and the -------------------- Term Administrative Agent agrees to allow the other and its respective agents and employees reasonable access to any Xxxxxxxxx Property in its possession or under its control, including, without limitation, any Xxxxxxxxx Real Property and any customer lists, software, data bases, business records data and other books and records of the Borrower pertaining to any of the Collateral, for the purposes of any Remedial Action then permitted by this Agreement and the relevant Security Documents and the Borrower, on its behalf and on behalf of any of its Subsidiaries party to any Security Documents, by acknowledging receipt of this Agreement consents to such access. In the event such utilization of the Term Collateral is solely for the purpose of removing and/or realizing on Revolver Collateral, the Revolver Lenders shall indemnify the Term Lenders from all damage to or deterioration of the Term Collateral during such utilization, normal wear and tear excepted;
(b) In the event such utilization of the Term Collateral is for the purpose of processing and converting raw materials (including work-in-process) into finished goods, the Revolver Lenders shall, in addition to the indemnity referenced in paragraph (a) above, pay to the Term Lenders the incremental costs (i.e., those costs which are directly attributable to the Revolver Agent's ---- utilization of such Term Collateral over and above any such costs the Term Lenders would have incurred whether or not the Revolver Agent had so utilized the Term Collateral) incurred by the Term Lenders on account of utility rates and similar charges and any increased insurance costs which the Term Lenders are required to pay as a result of such utilization;
(c) Nothing in this Section 3.10 shall prevent the Term ------------ Administrative Agent or the Revolver Agent from entering into a contract of sale, transfer or other disposition of, or otherwise foreclosing on, any of the Term Collateral or Revolver Collateral, respectively, so long as such contract provides, or such foreclosure is subject to providing, the Revolver Agent or the Term Administrative Agent, as the case may be, with the same access to such Collateral (including the execution and delivery of any agreements between third parties and the Revolver Agent to preserve the Revolver Agent's or any Revolver Lender's access to the Revolver Collateral during the period described in clause (f) below) as provided...
Access to Collateral. Notwithstanding anything in this Agreement to the contrary, so long as no Event of Default shall have occurred and be continuing, the Company may, subject to the provisions of the S&O Agreement, use, convey, sell, lease, assign, transfer or otherwise dispose of, commingle or blend all or any part of any of the Collateral.
Access to Collateral. Lender may examine and inspect the Collateral and may examine, inspect and copy all books and records with respect thereto or relevant to the Obligations during Borrower's normal business hours upon prior written notice to Borrower. Upon prior written notice to Borrower, Lender may discuss with Borrower's officers, independent accountants and other Persons, and such Persons are hereby authorized to discuss with Lender, Borrower's business, assets, liabilities, financial condition, results of operations and business prospects, and Borrower hereby irrevocably authorizes Lender to obtain from such Persons maintaining any such records, any service records relating to Borrower or any of the Collateral subject to Lender's security interest or Lien. Upon the occurrence and during the continuance of an Event of Default, Lender may (i) enter Borrower's premises at any time; and (ii) until it completes the enforcement of its rights in the Equipment or other Collateral subject to its security interest or lien hereunder and the sale or other disposition of any property subject thereto, take possession of such premises without charge, rent or payment therefor, or place custodians in control thereof, remain on such premises and use the same and any of Borrower's Equipment and other Collateral for the purpose of completing any work in process, preparing any Collateral for disposing of or collecting any Collateral.
Access to Collateral. In addition to Lender’s rights under Section 7.1(d), upon the occurrence and during the continuance of an Event of Default, Lender may (a) enter Borrower’s premises during normal standard business hours; and (b) until it completes the enforcement of its rights in the Equipment or other Collateral subject to its Lien and the sale or other disposition of any property subject thereto, take possession of such premises without charge, rent or payment therefor, or place custodians in control thereof, remain on such premises and use the same and any of Borrower’s Equipment and other Collateral for the purpose of completing any work in process, preparing any Collateral for disposing of or collecting any Collateral.
Access to Collateral. (a) Each of the Credit Agent and the Note Agent agrees to allow the other and its respective agents and employees reasonable access to any Anchor Property in its possession or under its control, including, without limitation, any Anchor Real Property and any customer lists, software, data bases, business records data and other books and records of the Borrower pertaining to any of the Collateral, for the purposes of any Remedial Action then permitted by this Agreement and the relevant Security Documents. In the event such utilization of the Senior Note Collateral is solely for the purpose of removing and realizing on Bank
(b) In the event such utilization of the Senior Note Collateral is for the purpose of processing and converting raw materials (including work-in-process) into finished goods, the Lenders shall, in addition to the indemnity referenced in paragraph (a) above, pay to the Senior Noteholders the incremental costs (i.e. those costs which are directly attributable to the Credit Agent's utilization of such Senior Note Collateral over and above any such costs the Senior Noteholders would have incurred whether or not the Credit Agent had so utilized the Senior Note Collateral) incurred by the Senior Noteholders on account of utility rates and similar charges and any increased insurance costs which the Senior Noteholders are required to pay as a result of such utilization.
(c) If, and only if, the Credit Agent's utilization of the Senior Note Collateral is materially disruptive to the operations of the plant and facility, the Credit Agent shall pay to the Senior Noteholders fair market value compensation on a weekly basis in respect of its use of the plant and facility proportionate to the amount of disruption to the operations of the plant and facility provided that if in the event the Credit Agent and the Senior Noteholders are unable to agree as to the amount of such fair market value compensation they shall submit such dispute to arbitration.
(d) Nothing in this Section 3.11 shall prevent the Note Agent or the Credit Agent from entering into a contract of sale, transfer or other disposition of, or otherwise foreclosing on, any of the Senior Note Collateral or Bank Collateral so long as such contract provides, or such foreclosure is subject to providing, the Credit Agent or the Note Agent, as the case may be, with the same access to such Collateral as provided by this Section 3.11.
(e) The Note Agent agrees that it shall not take any legal action...
