Action Upon Default. Agent shall not be deemed to have knowledge of any Default or Event of Default, or of any failure to satisfy any conditions in Section 6, unless it has received written notice from a Borrower or a Lender specifying the occurrence and nature thereof. If any Lender acquires knowledge of a Default, Event of Default or failure of such conditions, it shall promptly notify Agent and the other Lenders thereof in writing. Each Secured Party agrees that, except as otherwise provided in any Loan Documents or with the written consent of Agent and Required Lenders, it will not take any Enforcement Action, accelerate Obligations (other than Secured Bank Product Obligations), or exercise any right that it might otherwise have under Applicable Law to credit bid at foreclosure sales, UCC sales or other similar dispositions of Collateral or to assert any rights relating to any Collateral. Notwithstanding the foregoing, however, a Secured Party may take action to preserve or enforce its rights against an Obligor where a deadline or limitation period is applicable that would, absent such action, bar enforcement of Obligations held by such Secured Party, including the filing of proofs of claim in an Insolvency Proceeding.
Appears in 7 contracts
Samples: Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc)
Action Upon Default. The Agent shall not be deemed to have knowledge of any Default or Event of Default, or of any failure to satisfy any conditions in Section 6, Default unless it has received written notice from a Borrower Lender or a Lender the Loan Party Agent specifying the occurrence and nature thereof. If any Lender acquires knowledge of a Default, Default or Event of Default or failure of such conditionsDefault, it shall use commercially reasonable efforts to notify promptly notify the Agent and the other Lenders thereof in writing. Each Secured Party Lender agrees that, except as otherwise provided in any Loan Documents (including, without limitation, Section 11.4, with respect to rights of set off) or with the written consent of the Agent and Required Lenders, it will not take any Enforcement Action, accelerate Obligations (other than Secured Bank Product Obligations)under any Loan Documents, or exercise any right that it might otherwise have under Applicable Law to credit bid at foreclosure sales, UCC or PPSA sales or other similar dispositions of Collateral or to assert any rights relating to any Collateral. Notwithstanding the foregoing, however, a Secured Party Lender may take action to preserve or enforce its rights against an Obligor a Loan Party where a deadline or limitation period is applicable that would, absent such action, bar enforcement of Obligations held by such Secured PartyLender, including the filing of proofs of claim in an Insolvency Proceeding.
Appears in 2 contracts
Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)
Action Upon Default. Agent shall not be deemed to have knowledge of any Default or Event of Default, or of any failure to satisfy any conditions in Section 6, unless it has received written notice from a Borrower or a Lender Required Lenders specifying the occurrence and nature thereof. If any a Lender acquires knowledge of a Default, Event of Default or failure of such conditions, it shall promptly notify Agent and the other Lenders thereof in writing. Each Secured Party agrees that, except as otherwise provided in any Loan Documents or with the written consent of Agent and Required Lenders, it will not take any Enforcement Action, accelerate Obligations (other than Secured Bank Product Obligations), or exercise any right that it might otherwise have under Applicable Law to credit bid at foreclosure sales, UCC sales or other similar dispositions of Collateral or to assert any rights relating to any Collateral. Notwithstanding the foregoing, however, a Secured Party may take action to preserve or enforce its rights against an Obligor where a deadline or limitation period is applicable that would, absent such action, bar enforcement of Obligations held by such Secured Party, including the filing of proofs of claim in an Insolvency Proceeding.
Appears in 2 contracts
Samples: Loan and Security Agreement (Americas Carmart Inc), Loan and Security Agreement (Americas Carmart Inc)
Action Upon Default. The Agent shall not be deemed to have knowledge of any Default or Event of Default, or of any failure to satisfy any conditions in Section 6, Default unless it has received written notice from a Borrower Lender or a Lender the Loan Party Agent specifying the occurrence and nature thereof. If any Lender acquires knowledge of a Default, Default or Event of Default or failure of such conditionsDefault, it shall use commercially reasonable efforts to notify promptly notify the Agent and the other Lenders thereof in writing. Each Secured Party Lender agrees that, except as otherwise provided in any Loan Documents (including, without limitation, Section 11.4, with respect to rights of set off) or with the written consent of the Agent and Required Lenders, it will not take any Enforcement Action, accelerate Obligations (other than Secured Bank Product Obligations)under any Loan Documents, or exercise any right that it might otherwise have under Applicable Law to credit bid at foreclosure sales, UCC or PPSA sales or other similar dispositions of Collateral or to assert any rights relating to any Collateral. Notwithstanding the foregoing, however, a Secured Party Lender may take action to preserve or enforce its rights against an Obligor a Loan Party where a deadline or limitation period is applicable that would, absent such action, bar enforcement of Obligations held by such Secured PartyXxxxxx, including the filing of proofs of claim in an Insolvency Proceeding.. 12.5
Appears in 2 contracts
Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)
Action Upon Default. Agent shall not be deemed to have knowledge of any Default or Event of Default, or of any failure to satisfy any conditions in Section 6, unless it has received written notice from a Borrower or a Lender Required Lenders specifying the occurrence and nature thereof. If any Lender acquires knowledge of a Default, Event of Default or failure of such conditions, it shall promptly notify Agent and the other Lenders thereof in writing. Each Secured Party agrees that, except as otherwise provided in any Loan Documents or with the written consent of Agent and Required Lenders, it will not take any Enforcement Action, accelerate Obligations (other than Secured Bank Product Obligations), or exercise any right that it might otherwise have under Applicable Law to credit bid at foreclosure sales, UCC sales or other similar dispositions of Collateral or to assert any rights relating to any Collateral. Notwithstanding the foregoing, however, a Secured Party may take action to preserve or enforce its rights against an Obligor where a deadline or limitation period is applicable that would, absent such action, bar enforcement of Obligations held by such Secured Party, including the filing of proofs of claim in an Insolvency Proceeding.
Appears in 1 contract
Action Upon Default. The Agent shall not be deemed to have knowledge of any Default or Event of Default, or of any failure to satisfy any conditions in Section 6, Default unless it has received written notice from a Borrower Lender or a Lender the Loan Party Agent specifying the occurrence and nature thereof. If any Lender acquires knowledge of a Default, 160 Default or Event of Default or failure of such conditionsDefault, it shall use commercially reasonable efforts to notify promptly notify the Agent and the other Lenders thereof in writing. Each Secured Party Lender agrees that, except as otherwise provided in any Loan Documents (including, without limitation, Section 11.4, with respect to rights of set off) or with the written consent of the Agent and Required Lenders, it will not take any Enforcement Action, accelerate Obligations (other than Secured Bank Product Obligations)under any Loan Documents, or exercise any right that it might otherwise have under Applicable Law to credit bid at foreclosure sales, UCC or PPSA sales or other similar dispositions of Collateral or to assert any rights relating to any Collateral. Notwithstanding the foregoing, however, a Secured Party Lender may take action to preserve or enforce its rights against an Obligor a Loan Party where a deadline or limitation period is applicable that would, absent such action, bar enforcement of Obligations held by such Secured PartyLender, including the filing of proofs of claim in an Insolvency Proceeding.
Appears in 1 contract
Samples: Credit Agreement (Clean Harbors Inc)