Action Without Instructions After Event of Default. Absent written instructions from the Required Holders at a time when an Event of Default shall have occurred and be continuing, the Collateral Agent may take, but shall have no obligation to take, any and all actions under the Security Documents or any of them or otherwise as it shall deem to be in the best interests of the Purchasers; provided, however, that in the absence of written instructions from the Required Holders, the Collateral Agent shall not exercise remedies available to it under any Security Document with respect to the Collateral or any part thereof (other than preserving, collecting and protecting the Collateral and the proceeds thereof).
Appears in 4 contracts
Samples: Securities Purchase Agreement (Matritech Inc/De/), Securities Purchase Agreement (Matritech Inc/De/), Exchange Agreement (Virologic Inc)
Action Without Instructions After Event of Default. Absent written instructions from the Required Holders at a time when an Event of Default shall have occurred and be continuing, the Collateral Agent may take, but shall have no obligation to take, any and all actions under the Security Collateral Documents or any of them or otherwise as it shall deem to be in the best interests of the PurchasersHolders; provided, however, that in the absence of written instructions from the Required Holders, the Collateral Agent shall not exercise remedies available to it under any Security Collateral Document with respect to the Collateral or any part thereof (other than preserving, collecting and protecting the Collateral and the proceeds thereof).
Appears in 2 contracts
Samples: Convertible Secured Note Purchase Agreement (Photogen Technologies Inc), Convertible Secured Note Purchase Agreement (Alliance Pharmaceutical Corp)
Action Without Instructions After Event of Default. Absent written instructions from the Required Holders at a time when an Event of Default (as defined in the Series C Notes) shall have occurred and be continuing, the Collateral Agent may take, but shall have no obligation to take, any and all actions under the Security Documents or any of them or otherwise as it shall deem to be in the best interests of the Purchasers; provided, however, that in the absence of written instructions from the Required Holders, the Collateral Agent shall not exercise remedies available to it under any Security Document with respect to the Collateral or any part thereof (other than preserving, collecting and protecting the Collateral and the proceeds thereof).
Appears in 1 contract
Action Without Instructions After Event of Default. Absent written instructions from the Required Holders at a time when an Event of Default shall have occurred and be continuing, the Collateral Agent may take, but shall have no obligation to take, any and all actions under the Security Documents or any of them or otherwise as it shall deem to be in the best interests of the Purchasers; providedPROVIDED, howeverHOWEVER, that in the absence of written instructions from the Required Holders, the Collateral Agent shall not exercise remedies available to it under any Security Document with respect to the Collateral or any part thereof (other than preserving, collecting and protecting the Collateral and the proceeds thereof).
Appears in 1 contract
Action Without Instructions After Event of Default. Absent written instructions from the Required Holders Noteholders at a time when an Event of Default shall have occurred and be continuing, the Collateral Agent may may, subject to the terms of the Intercreditor Agreement, take, but shall have no obligation to take, any and all actions under the Security Transaction Documents or any of them or otherwise as it shall deem to be in the best interests of the PurchasersNoteholders; provided, however, that in the absence of written instructions from the Required HoldersNoteholders, the Collateral Agent shall not exercise remedies available to it under any Security Transaction Document with respect to the Collateral or any part thereof (other than preserving, collecting and protecting the Collateral and the proceeds thereof).
Appears in 1 contract
Samples: Securities Purchase Agreement (Medical Technology Systems Inc /De/)