Certain Other Rights Sample Clauses

Certain Other Rights. Notwithstanding the foregoing, no election under Section 7.3(a) will preclude either (A) recourse by either the Defaulting Member or the Non-Defaulting Member to whatever injunctive relief to which it may otherwise be entitled under this Agreement or any Related Agreement or (B) the recourse by the Non-Defaulting Member under Section 2.10 to recover amounts owing to the Company that are not specifically taken into account in the determination of Fair Market Value.

Certain Other Rights. 25 6.1 Payments in Respect of Dividends and Distributions.................25 6.2 Right of First Offer...............................................25 6.3 Tag-Along Rights...................................................26 6.4 [Intentionally Deleted]............................................27

Certain Other Rights. In the event of the exercise by the Initial Holder or any Affiliate of any preemptive rights or antidilution protections, whether arising under the Certificate of Incorporation, this Certificate of Designations, or by any stockholder agreement, investor rights agreement or similar instrument to which the Corporation is a party, to acquire additional shares of Common Stock or Series G Non-Voting Preferred Stock, then and in each such event the Corporation shall take such actions as may be reasonably necessary in order to adjust the number of shares of Series G Non-Voting Preferred Stock as required to enable the Initial Investor or any Affiliate to hold such stock without making application for approval or non-objection by any Regulator, including without limitation, using its reasonable best efforts to (i) amend this Certificate of Designations or the Certificate of Incorporation to provide for additional shares of Series G Non-Voting Preferred Stock or shares of another class or series of preferred stock having rights, preferences and limitations identical in all material respects thereto; and (ii) amend the Certificate of Incorporation to authorize additional shares of preferred stock and, to the extent necessary, additional shares of Common Stock in order to permit the conversion of the Series G Non-Voting Preferred Stock pursuant to Section 5 hereof and any other class or series of preferred stock issued pursuant hereto.

Certain Other Rights. 24 6.1 Payments in Respect of Dividends and Distributions...............24 6.2

Certain Other Rights. (a) Each Pledgor agrees that its obligations hereunder are irrevocable, absolute, independent and unconditional and shall not be affected by any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than payment in full of the Obligations. In furtherance of the foregoing and without limiting the generality thereof, each Pledgor agrees as follows: (i) the Collateral Agent or any Lender may from time to time, without notice or demand and without affecting the validity or enforceability of this Agreement or giving rise to any limitation, impairment or discharge of such Pledgor's liability hereunder, (A) renew, extend, accelerate or otherwise change the time, place, manner or terms of payment of the Obligations, (B) settle, compromise, release or discharge, or accept or refuse any offer of performance with respect to, or substitutions for, the Obligations or any agreement relating thereto and/or subordinate the payment of the same to the payment of any other obligations, (C) request and accept guaranties of the Obligations and take and hold other security for the payment of the Obligations, (D) release, exchange, compromise, subordinate or modify, with or without consideration, any other security for payment of the Obligations, any guaranties of the Obligations, or any other obligation of any Person with respect to the Obligations, (E) enforce and apply any other security now or hereafter held by or for the benefit of the Collateral Agent or any Lender in respect of the Obligations and direct the order or manner of sale thereof, or exercise any other right or remedy that the Collateral Agent or the Lenders, or any of them, may have against any such security, as the Collateral Agent in its discretion may determine consistent with the Credit Agreement and any applicable security agreement, including foreclosure on any such security pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable, and (F) exercise any other rights available to the Collateral Agent or the Lenders or any of them, under the Credit Documents, at law or in equity; and (ii) this Agreement and the obligations of such Pledgor hereunder shall be valid and enforceable and shall not be subject to any limitation, impairment or discharge for any reason (other than payment in full of the Obligations), including without limitation the occurrence of any of the following, whether or not such Pledg...

Certain Other Rights