Actions with Respect to Collateral. Neither the Borrower nor the Servicer shall:
Actions with Respect to Collateral. (a) The Secured First Lien Parties, through their Authorized Representatives and as a condition of accepting the benefits of the security interests granted herein, agree that (i) only the Collateral Agent shall act or refrain from acting with respect to the Collateral, and then only on the instructions of the Applicable Authorized Representative, (ii) the Collateral Agent shall not follow any instructions with respect to such Collateral from any Non-Controlling Authorized Representative (or any other Secured First Lien Party other than the Applicable Authorized Representative) and (iii) no Non-Controlling Authorized Representative or other Secured First Lien Party (other than the Applicable Authorized Representative) shall or shall instruct the Collateral Agent to, commence any judicial or nonjudicial foreclosure proceedings with respect to, seek to have a trustee, receiver, liquidator or similar official appointed for or over, attempt any action to take possession of, exercise any right, remedy or power with respect to, or otherwise take any action to enforce its security interest in or realize upon, or take any other action available to it in respect of, any Collateral, whether under any First Lien Security Document, applicable law or otherwise, it being agreed that only the Collateral Agent, acting on the instructions of the Applicable Authorized Representative and in accordance with the applicable First Lien Security Documents, shall be entitled to take any such actions or exercise any such remedies with respect to Collateral. Notwithstanding the equal priority of the Liens, the Collateral Agent (acting on the instructions of the Applicable Authorized Representative) may deal with the Collateral as if such Applicable Authorized Representative had a senior Lien on such Collateral. No Non-Controlling Authorized Representative or Non-Controlling Secured First Lien Party will contest, protest or object to any foreclosure proceeding or action brought by the Collateral Agent, Applicable Authorized Representative or Controlling Secured First Lien Party or any other exercise by the Collateral Agent, Applicable Authorized Representative or Controlling Secured First Lien Party of any rights and remedies relating to the Collateral, or to cause the Collateral Agent to do so.
Actions with Respect to Collateral. The Agent shall not have any responsibility for (i) ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relating to any Collateral, whether or not the Agent has or is deemed to have knowledge of such matters, (ii) taking any necessary steps to preserve the rights against any parties with respect to any Collateral or (iii) taking any action other than as directed in writing by the Required Lenders (or such other percentage of Lenders required under this Agreement), subject to the provisions of this Agreement.
Actions with Respect to Collateral. Borrower shall not: ----------------------------------
Actions with Respect to Collateral. (a) The Secured Parties, through their respective Authorized Representatives and as a condition of accepting the benefits of the security interests granted herein, agree that no Secured Party or Authorized Representative may commence any judicial or nonjudicial foreclosure proceedings with respect to, seek to have a trustee, receiver, liquidator or similar official appointed for or over, attempt any action to take possession of, exercise any right, remedy or power with respect to, or otherwise take any action to enforce its security interest in or realize upon, or take any other action available to it in respect of, any Collateral as a secured party, whether under any Security Document, applicable law or otherwise, it being agreed that only the Administrative Agent, in accordance with the applicable Security Documents, shall be entitled to take any such actions or exercise any such remedies with respect to Collateral.
Actions with Respect to Collateral. Except as heretofore disclosed by the Debtor to the Secured Party in writing, the Debtor has not (i) sold, leased or otherwise disposed of any of the Collateral or any interest or right in any of the Collateral or (ii) extended, renewed, refinanced or otherwise modified or replaced, compromised, canceled, discharged, subordinated, accelerated, waived, forborne from exercising any right or remedy relating to or adversely affected any obligation of any Person (including, but not limited to, any Account Debtor, Issuer, Bank, Securities Intermediary or Commodity Intermediary) relating to any of the Collateral.
Actions with Respect to Collateral. Except as heretofore disclosed by the Debtor to the Secured Party in writing, the Debtor has not (i) sold, leased or otherwise disposed of any of the Collateral or any interest or right in any of the Collateral, (ii) extended, renewed, refinanced or otherwise modified or replaced, compromised, canceled, discharged, subordinated, accelerated, waived, forborne from exercising any right, remedy or power relating to or adversely affected any obligation of any Person (including, but not limited to, any Account Debtor, Issuer, Bank, Securities Intermediary or Commodity Intermediary) relating to any of the Collateral or (iii) manufactured, used, operated, advertised or otherwise promoted, permitted the manufacture, use, operation or advertising or other promotion of or sold, leased or otherwise disposed of any of the Collateral in any manner that violated or resulted in any violation of applicable law (including, but not limited to, the Fair Labor Standards Act or any environmental or criminal statute) or any policy providing any insurance on any of the Collateral.
Actions with Respect to Collateral. Subject to Section 30, the Secured Parties agree that this Security Agreement may be enforced only by the action of the Collateral Agent, acting upon the instructions of the Required Creditors, and that no other Secured Party shall have any right individually to seek to enforce or to enforce this Security Agreement or to realize upon the security to be granted hereby. Notwithstanding any provision of this Security Agreement to the contrary, to the extent any provision in this Security Agreement conflicts or is inconsistent with the Intercreditor Agreement, then the Intercreditor Agreement shall prevail.
Actions with Respect to Collateral. Each Secured Party hereby agrees that it will not (and hereby waives any right to) take any action under any Loan Document with respect to any Collateral, including, without limitation, foreclosing as provided under the terms of any applicable Loan and Security Agreement after a Default or releasing any Lien on any Collateral, without the prior written consent of the other Secured Parties, which consent shall not be unreasonably withheld.
Actions with Respect to Collateral. Each Guarantor authorizes the Agents, the Lenders, the Swing Lenders and the Issuing Bank to take any action or exercise any remedy with respect to any collateral from time to time securing the Guaranteed Obligations, which the Agents, the Lenders, the Swing Lenders and the Issuing Bank in their sole discretion shall determine, without notice to such Guarantor. Notwithstanding any reference herein to any collateral securing any of the Guaranteed Obligations, it is acknowledged that, on the Effective Date, none of the Guarantors nor any of their Subsidiaries has granted, or has any obligation to grant, any Lien on any of its Property as security for the Guaranteed Obligations. In the event the Agents, the Lenders, the Swing Lenders or the Issuing Bank in their sole discretion elect to give notice of any action with respect to any collateral securing the Guaranteed Obligations or any part thereof, the Administrative Agent shall give ten (10) days written notice to each Guarantor in accordance with the provisions of Section 12.06. Each Guarantor consents and agrees that none of the Agents nor the Lenders nor the Swing Lenders nor the Issuing Bank shall be under any obligation to marsxxxx xxx assets in favor of such Guarantor or against or in payment of any or all of the Guaranteed Obligations.
