Amendments to Collateral Assets Sample Clauses

Amendments to Collateral Assets. The Borrower (and the Collateral Manager on its behalf) may enter into any amendment or waiver of or supplement to any Related Document; provided that the prior written consent of the Required Lenders shall be required if an Event of Default has occurred and is continuing or an Event of Default or Default would result from such amendment, waiver or supplement; provided, further, that, if the Required Lenders fail to provide consent to any amendment or waiver to the extent required under this Section 5.02(s), then notwithstanding any provision of the Facility Documents to the contrary (excluding Section 10.04 herein), it shall be permitted to sell the relevant Collateral Asset as long as (x) no Default or Event of Default has occurred and is continuing or would result from such sale and (y) the sale price is at least equal to the Asset Value for such Collateral Asset; provided, further, that if such sale cannot be consummated pursuant to the foregoing proviso due to the restrictions in Section 10.04, then it shall be permitted to consummate such amendment, waiver or supplement so long as (x) no Default or Event of Default has occurred and is continuing or would result from such sale and (y) it receives a cash equity contribution at least equal to the Asset Value for such Collateral Asset.
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Amendments to Collateral Assets. The Borrower (and the Collateral Manager on its behalf) may enter into any amendment or waiver of or supplement to any Related Document; provided that the prior written consent of the Required Lenders shall be required if an Event of Default has occurred and is continuing or an Event of Default or Default would result from such amendment, waiver or supplement.
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Amendments to Collateral Assets. The Borrower (and the Collateral Manager on its behalf) shall not consent to any amendment or waiver of or supplement to any Collateral Asset or any Related Document for any Collateral Asset (i) that would result in a Default an Event of Default or (ii) after the occurrence and during the continuance of an Event of Default. The Borrower (and the Collateral Manager on its behalf) shall not consent to any extension or postponement of the maturity date with respect to any Collateral Asset without the prior written consent of the Administrative Agent; provided that the Administrative Agent shall use reasonable efforts to reply to any such request for consent within seven (7) days of such request. It is understood and agreed that any failure to provide consent within seven (7) days shall not in any way prejudice the consent rights of the Administrative Agent hereunder.
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Amendments to Collateral Assets. The Collateral Manager will provide to the Administrative Agent, the Collateral Custodian and, upon request, any Lender, a copy of any amendment, restatement, supplement, waiver or other modification to the Underlying Instrument of any Collateral Asset (along with any internal underwriting and credit memos prepared by the Collateral Manager and provided to its investment committee in connection with such amendment, restatement, supplement, waiver or other modification) that would constitute a Material Modification (and, upon the request of the Administrative Agent, any other amendment, restatement, supplement, waiver or other modification to the Underlying Instrument of any
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Amendments to Collateral Assets. The Borrower (and the Collateral Manager on its behalf) shall not consent to any amendment or waiver of or supplement to any Collateral Asset or any Related Document for any Collateral Asset (i) that would result in a Default an Event of Default or (ii) after the occurrence and during the continuance of an Event of Default.
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Related to Amendments to Collateral Assets

  • Collection Efforts, Modification of Collateral (a) The Servicer will use commercially reasonable efforts to collect, or cause to be collected, all payments called for under the terms and provisions of the Collateral Loans included in the Collateral as and when the same become due, all in accordance with the Servicing Standard.

  • The Collateral Account (a) Upon receipt by the Collateral Agent of a Notice of Actionable Default, and until such time as the Actionable Default described therein is cured or waived, the Collateral Agent shall establish and maintain at its principal office an interest-bearing account that shall be entitled the “Encore Capital Collateral Account.” All moneys received by the Collateral Agent with respect to Collateral after receipt of a Notice of Actionable Default and until such time as the Actionable Default described therein is cured or waived shall be deposited in the Collateral Account and thereafter shall be held, applied and/or disbursed by the Collateral Agent in accordance with Section 9 hereof. In addition, (i) any other payments received, directly or indirectly, by any Secured Party of or with respect to any of the Secured Obligations from the Borrower or any Guarantor after the occurrence and during the continuance of an Actionable Default (including, without limitation, any amount of any balances held by any Secured Party for the account of the Borrower or any Guarantor or any other property held or owing by it to or for the credit or for the account of the Borrower or any Guarantor which has been set off or appropriated by it and any payments received upon the termination of any Rate Management Transaction prior to its stated termination date), (ii) any payment received by any Secured Party with respect to any of the Secured Obligations in an insolvency or reorganization proceeding or otherwise with respect to the Borrower or any Guarantor or (iii) any payment from a Guarantor received by any Secured Party with respect to any Secured Obligations, shall, in each case, promptly be delivered to the Collateral Agent and thereafter shall be held, applied and/or disbursed by the Collateral Agent in accordance with Section 9 hereof, provided that the foregoing clauses (i), (ii) and (iii) shall not apply to distributions by the Collateral Agent under Section 9 hereof. The Collateral Account at all times shall be subject to the exclusive dominion and control of the Collateral Agent. Each of the Borrower and each Guarantor hereby pledges, assigns and grants to the Collateral Agent, on behalf of and for the ratable benefit of the Secured Parties, a security interest in all of its right, title and interest in and to the Collateral Account and all funds which may from time to time be on deposit therein to secure the prompt and complete payment and performance of the Secured Obligations.

  • Maintenance of Collateral Accounts Maintain any Collateral Account except pursuant to the terms of Section 6.6(b) hereof.

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