Common use of AGENT'S CONDUCT OF LIQUIDATION Clause in Contracts

AGENT'S CONDUCT OF LIQUIDATION. (a) Any Liquidation shall be conducted by the Agent with the advice and assistance of the Lenders. (b) The Agent may establish one or more Nominees to "bid in" or otherwise acquire ownership to any Post Foreclosure Asset. (c) The Agent shall manage the Nominee and manage and dispose of any Post Foreclosure Assets with a view towards the realization of the economic benefits of the ownership of the Post Foreclosure Assets and in such regard, the Agent and/or the Nominee may operate, repair, manage, maintain, develop, and dispose of any Post Foreclosure Asset in such manner as the Agent determines is appropriate under the circumstances. (d) The Agent may decline to undertake or to continue taking a course of action or to execute an action plan (whether proposed by the Agent or by any Lender) unless indemnified to the Agent's satisfaction by the Lenders against any and all liability and expense which may be incurred by the Agent by reason of taking or continuing to take that course of action or action plan. (e) The Agent and each Lender shall execute all such instruments and documents not inconsistent with the provisions of this Agreement as the Agent and/or the Nominee reasonably may request with respect to the creation and governance of any Nominee, the conduct of the Liquidation, and the management and disposition of any Post Foreclosure Asset.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lechters Inc), Loan and Security Agreement (Lechters Inc)

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AGENT'S CONDUCT OF LIQUIDATION. (a) Any Liquidation shall be conducted solely by the Agent with the advice and assistance of the Lenders. (b) The Agent may establish one or more Nominees to "bid in" or otherwise acquire ownership to any Post Foreclosure Asset. (c) The Agent shall manage the Nominee and manage and dispose of any Post Foreclosure Assets with a view towards the realization of the economic benefits of the ownership of the Post Foreclosure Assets and in such regard, the Agent and/or the Nominee may operate, repair, manage, maintain, develop, and dispose of any Post Foreclosure Asset in such manner as the Agent determines is as appropriate under the circumstances. (d) The Agent may decline to undertake or to continue taking a course of action or to execute an action plan (whether proposed by the Agent or by any Lender) unless indemnified to the Agent's ’s satisfaction by the Lenders against any and all liability and expense which may be incurred by the Agent by reason of taking or continuing to take that course of action or action plan. (e) The Agent and each Each Lender shall execute all such instruments and documents not inconsistent with the provisions of this Agreement or the other Loan Documents as the Agent and/or the Nominee reasonably may request with respect to the creation and governance of any Nominee, the conduct of the Liquidation, and the management and disposition of any Post Foreclosure Asset.

Appears in 1 contract

Samples: Loan and Security Agreement (RoomStore, Inc.)

AGENT'S CONDUCT OF LIQUIDATION. (a) Any Liquidation shall be conducted solely by the Agent with the advice and assistance of the Lenders. (b) The Agent may establish appoint one or more Nominees nominees to "bid in" or otherwise acquire ownership to any Post Foreclosure Assetpost foreclosure asset. (c) The Agent shall manage the Nominee nominee and manage and dispose of any Post Foreclosure Assets post foreclosure assets with a view towards the realization of the economic benefits of the ownership of the Post Foreclosure Assets post foreclosure assets and in such regard, the Agent and/or the Nominee nominee may operate, repair, manage, maintain, develop, and dispose of any Post Foreclosure Asset post foreclosure asset in such manner as the Agent determines is as appropriate under the circumstances. (d) The Agent may decline to undertake or to continue taking a course of action or to execute an action plan (whether proposed by the Agent or by any Lender) unless indemnified to the Agent's ’s satisfaction by the Lenders against any and all liability and expense which may be incurred by the Agent by reason of taking or continuing to take that course of action or action plan. (e) The Agent and each Each Lender shall execute all such instruments and documents not inconsistent with the provisions of this Agreement or the other Loan Documents as the Agent and/or the Nominee nominee reasonably may request with respect to the creation and governance of any Nomineenominee, the conduct of the Liquidation, and the management and disposition of any Post Foreclosure Assetpost foreclosure asset.

Appears in 1 contract

Samples: Loan and Security Agreement (RoomStore, Inc.)

AGENT'S CONDUCT OF LIQUIDATION. (a) Any Liquidation shall be conducted solely by the Agent with the advice and assistance of the Lenders. (b) The Agent may establish one or more Nominees to "bid in" or otherwise acquire ownership to any Post Foreclosure Asset. (c) The Agent shall manage the Nominee and manage and dispose of any Post Foreclosure Assets with a view towards the realization of the economic benefits of the ownership of the Post Foreclosure Assets and in such regard, the Agent and/or the Nominee may operate, repair, manage, maintain, develop, and dispose of any Post Foreclosure Asset in such manner as the Agent determines is as appropriate under the circumstances. (d) The Agent may decline to undertake or to continue taking a course of action or to execute an action plan (whether proposed by the Agent or by any Lender) unless indemnified to the Agent's satisfaction by the Lenders against any and all liability and expense which may be incurred by the Agent by reason of taking or continuing to take that course of action or action plan. (e) The Agent and each Each Lender shall execute all such instruments and documents not inconsistent with the provisions of this Agreement or the other Loan Documents as the Agent and/or the Nominee reasonably may request with respect to the creation and governance of any Nominee, the conduct of the Liquidation, and the management and disposition of any Post Foreclosure Asset.

Appears in 1 contract

Samples: Loan and Security Agreement (Wild Oats Markets Inc)

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AGENT'S CONDUCT OF LIQUIDATION. (a) Any Liquidation shall be conducted by the Agent with the advice and assistance of the Lenders. (b) The Agent may establish one or more Nominees to "bid in" or otherwise acquire ownership to any Post Foreclosure Asset. (c) The Agent shall manage the Nominee and manage and dispose of any Post Foreclosure Assets with a view towards the realization of the economic benefits of the ownership of the Post Foreclosure Assets and in such regard, the Agent and/or the Nominee may operate, repair, manage, maintain, develop, and dispose of any Post Foreclosure Asset in such manner as the Agent determines is appropriate under the circumstances. (d) The Agent may decline to undertake or to continue taking a course of action or to execute an action plan (whether proposed by the Agent or by any Lender) unless indemnified to the Agent's satisfaction by the Lenders against any and all liability and expense which may be incurred by the Agent by reason of taking or continuing to take that course of action or action plan. (e) The Agent and each Lender shall execute all such instruments and documents not inconsistent with the provisions of this Agreement as the Agent and/or the Nominee reasonably may request with respect to the creation and governance of any Nominee, the conduct of the Liquidation, and the management and disposition of any Post Foreclosure Asset.152

Appears in 1 contract

Samples: Loan and Security Agreement (Lechters Inc)

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