Collateral Access Rights. (a) The ABL Agent and each First Lien Agent agree not to commence Enforcement or Going Out of Business Sale until an Enforcement Notice has been given to the other Agents. Subject to the provisions of Sections 3.01 and 3.02, any Agent may join in any judicial proceedings commenced by any other Agent to enforce Liens on the Collateral, provided that neither Agent, nor the other ABL Claimholders or the other First Lien Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.01 and Section 2.02.
Collateral Access Rights. (a) If any Fixed Asset Collateral Agent, or any agent or representative of any Fixed Asset Collateral Agent, shall, after any Fixed Asset Default, obtain possession or physical control of any of the Fixed Asset Priority Collateral consisting of Real Estate Asset that is a Mortgaged Premises or any other Fixed Asset Priority Collateral located thereon or any Fixed Asset Collateral Agent shall sell or otherwise dispose of any Fixed Asset Priority Collateral consisting of Real Estate Asset that is a Mortgaged Premises or any other Fixed Asset Priority Collateral located thereon to any third party (each a “Third Party Purchaser”), such Fixed Asset Collateral Agent shall promptly notify the Designated ABL Collateral Agent in writing of that fact, and the Designated ABL Collateral Agent shall within 10 Business Days (or such longer period as may be agreed by such Fixed Asset Collateral Agent in its sole discretion) thereafter, notify such Fixed Asset Collateral Agent in writing as to whether the Designated ABL Collateral Agent desires to exercise access rights under this Section 3.3. In addition, if any ABL Collateral Agent, or any agent or representative of the ABL Collateral Agent, shall obtain possession or physical control of any of the Fixed Asset Priority Collateral, following the delivery to the Designated Fixed Asset Collateral Agent of an Enforcement Notice with respect to the Disposition of any ABL Priority Collateral, then such ABL Collateral Agent shall within 10 Business Days (or such longer period as may be agreed by such Fixed Asset Collateral Agent in its sole discretion) notify the Designated Fixed Asset Collateral Agent in writing that such ABL Collateral Agent is exercising its access rights under this Agreement and its rights under Section 3.4 in respect of such ABL Priority Collateral. Upon delivery of such notice of exercise of access rights by the applicable ABL Collateral Agent to the Designated Fixed Asset Collateral Agent, the parties shall confer in good faith to coordinate with respect to the applicable ABL Collateral Agent’s exercise of such access rights. Consistent with the definition of “Access Period”, access rights may apply to differing portions of the Fixed Asset Priority Collateral at differing times, in which case, a differing Access Period will apply to each such portion.
Collateral Access Rights. (a) The ABL Agent and the Notes Agent agree not to commence Enforcement until an Enforcement Notice has been given to the other Agent. Subject to the provisions of Sections 3.1 and 3.2, either Agent may join in any judicial proceedings commenced by the other Agent to enforce Liens on the Collateral, provided that neither Agent, nor the other ABL Claimholders or the other Note Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.1 and Section 2.2.
Collateral Access Rights. (a) If any Term Agent, or any agent or representative of any Term Agent, or any receiver, shall, after any Term Default, obtain possession or physical control of any of the Mortgaged Premises or any of the other Term Priority Collateral, such Term Agent shall promptly notify the ABL Agent in writing of that fact, and the ABL Agent shall, within fifteen (15) Business Days thereafter, notify such Term Agent in writing as to whether the ABL Agent desires to exercise access rights and/or use rights under this Section 3.3. In addition, if the ABL Agent, or any agent or representative or the ABL Agent, or any receiver, shall obtain possession or physical control of any of the Mortgaged Premises or any of the Term Priority Collateral, then the ABL Agent shall promptly notify the Designated Term Agent in writing that the ABL Agent is exercising its access rights and/or use rights under this Agreement and its rights under Section 3.4 under either circumstance. Upon delivery of such notice by the ABL Agent to the Designated Term Agent, the parties shall confer in good faith to coordinate with respect to the ABL Agent’s exercise of such access rights and/or use rights. Consistent with the definition of “Access Period,” access rights may apply to differing assets comprising Term Priority Collateral at differing times, in which case, a differing Access Period will apply to each such asset.
Collateral Access Rights. (a) The ABL Agent, on behalf of the ABL Claimholders, and the Term Agent, on behalf of the Term Claimholders, each agree not to commence Enforcement until an Enforcement Notice has been given to the ABL Agent (in the case of an Enforcement by the Term Agent) or the Term Agent (in the case of an Enforcement by the ABL Agent).
Collateral Access Rights. (a) If the Notes Collateral Trustee, or any agent or representative of the Notes Collateral Trustee, shall, after any Notes Default, obtain possession or physical control of any of the Notes Priority Collateral consisting of Equipment (including fixtures) or Real Estate Assets or the Notes Collateral Trustee shall determine to sell or otherwise dispose of any such Notes Priority Collateral consisting of Equipment (including fixtures) or Real Estate Assets to any third party (each a “Third Party Purchaser”), the Notes Collateral Trustee shall promptly notify the North America ABL Agent in writing of that fact, and the North America ABL Agent shall within ten (10) Business Days (or such longer as may be agreed by the Notes Collateral Trustee in its sole discretion) after its receipt of such notice, notify the Notes Collateral Trustee in writing as to whether the North America ABL Agent desires to exercise access rights under this Section 3.3. In addition, if the North America ABL Agent, or any agent or representative of the North America ABL Agent, shall obtain possession or physical control of any of the Notes Priority Collateral consisting of Equipment (including fixtures) or Real Estate Assets, following the delivery to the Notes Collateral Trustee of an Enforcement Notice with respect to the Disposition of any North America ABL Priority Collateral, then the North America ABL Agent shall promptly notify the Notes Collateral Trustee in writing that the North America ABL Agent is exercising its access rights under this Agreement and its rights under Section 3.4 in respect of such North America ABL Priority Collateral. Upon delivery of such notice by the North America ABL Agent to the Notes Collateral Trustee, the parties shall confer in good faith to coordinate with respect to the North America ABL Agent’s exercise of such access rights. Consistent with the definition of “Access Period”, access rights may apply to differing portions of the Notes Priority Collateral at differing times, in which case, a differing Access Period will apply to each such portion.
Collateral Access Rights. (a) Subject to the provisions of Sections 2.5 and 2.6, either Agent may join (but not exercise any control with respect to) in any judicial proceedings commenced by the other Agent to enforce Liens on the Collateral with respect to which such other Agent has a priority Lien in accordance with Section 2.1 and Section 2.2 to the extent that any such action could not reasonably be expected, in any material respect, to restrain, hinder, limit, delay for any material period or otherwise interfere with the exercise of remedies by such other Agent, provided that neither Agent, nor the other ABL Secured Parties or the other Term Loan Secured Parties, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.1 and Section 2.2.
Collateral Access Rights. (a) The ABL Agent and the Notes Agent agree not to commence Enforcement or Liquidation Sale until an Enforcement Notice has been given to the other Agent; provided, however, that the ABL Agent shall not be required to provide the Notes Agent with an Enforcement Notice prior to (i) the exercise of any lockbox or cash dominion event or any set-off or other control rights with respect to any Deposit Accounts of a Grantor or (ii) notifying and directing any account debtors of any Grantor to remit payments to the ABL Agent. Subject to the provisions of Sections 3.1 and 3.2, either Agent may join in any judicial proceedings commenced by the other Agent to enforce Liens on the Collateral, provided that neither Agent, nor the other ABL Claimholders or the other Note Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.1 and Section 2.2.
Collateral Access Rights. (a) The Bank Agent and the Note Agent agree not to commence Enforcement or Going Out of Business Sale until an Enforcement Notice has been given to the other Agent. Subject to the provisions of Sections 3.1 and 3.2, either Agent may join in any judicial proceedings commenced by the other Agent to enforce Liens on the Collateral, provided that neither Agent, nor the other Bank Claimholders or the other Note Claimholders, as applicable, shall interfere with the Enforcement actions of the other with respect to Collateral in which such party has the priority Lien in accordance with Section 2.1 and Section 2.2.
Collateral Access Rights. (a) The ABL Agent, on behalf of the ABL Claimholders, and the Senior Secured Notes Agent, on behalf of the Senior Secured Notes Claimholders, each agree not to commence Enforcement until an Enforcement Notice has been given to the ABL Agent (in the case of an Enforcement by the Senior Secured Notes Agent), the Senior Secured Notes Agent (in the case of an Enforcement by the ABL Agent).
