Additional Provisions Regarding Sale of Collateral Sample Clauses

Additional Provisions Regarding Sale of Collateral. Prior to the termination of the forbearance obligations of the Note A Indenture Trustee, the Note B Indenture Trustee and the holders of the Series A Notes and the Series B Notes as hereinabove set forth, the Note A Indenture Trustee, the Note B Indenture Trustee and each Noteholder (and the Collateral Agent acting on their behalf) shall not have any right to sell, liquidate, transfer or otherwise dispose of any of the CBO-2 Collateral, the CBO REIT Stock Collateral, the CBO-1/Nomura Collateral or the Accounts; provided, however, that notwithstanding anything in this Agreement to the contrary, at any sale or disposition of the CBO-2 Collateral, the Combined Collateral or the CBO REIT Stock Collateral by the Repo Purchaser, whether by foreclosure or otherwise, following an event of default under the Repo Agreement, the RP Security Instruments, the Repo Obligations or otherwise, the Note A Indenture Trustee and the Note B Indenture Trustee shall be entitled jointly to credit bid up to the outstanding amount of the Notes and all obligations then owing to the holders thereof under the Note A Indenture and the Note B Indenture in connection therewith, subject to the provisions of Article V, Section (g) below. In this regard, the parties hereto further agree and expressly acknowledge that, notwithstanding anything in this Agreement to the contrary, and as more specifically set forth in the Note A Indenture and the Note B Indenture, any default under the Plan, the Repo Agreement, the RP Security Instruments, the Security Agreement or otherwise relative to the Repo Obligations, which default shall continue beyond the expiration of any applicable notice and cure period, and (x) pursuant to which the Repo Purchaser, MLMCI or GACC has taken or is taking any action to enforce default remedies (other than one or more Excluded RP Remedies) available under the Plan, the Repo Agreement, the RP Security Instruments, the Security Agreement, or otherwise, in equity or at law, with respect to the CBO-2 Collateral, the CBO-1/Nomura Collateral, the CBO REIT Stock Collateral or the Accounts, or (y) after which the Repo Purchaser, MLMCI or GACC have improved their position in any respect vis-a-vis CMI or CBO REIT, as a result of negotiations or otherwise (it being understood and agreed by the parties that in no event shall any action taken only to cure one or more defaults by CMI under the Repo Agreement, including without limitation the payment of any unpaid amount then due and ...
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Related to Additional Provisions Regarding Sale of Collateral

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