Collateral Agent Rights. (a) At any time during an Event of Default (but, in the case of a Developer Default, only for so long as the Initial Period has not expired), without giving a Step-in Notice, the Collateral Agent may (but shall have no obligation), at its sole option and discretion, perform or arrange for the performance of any act, duty, or obligation required of the Developer under the Comprehensive Agreement, or remedy any breach of the Developer thereunder at any time, which performance or remedy by or on behalf of the Collateral Agent will be accepted by the Department in lieu of performance by the Developer and in satisfaction of the Developer’s obligations under the Comprehensive Agreement. To the extent that any breach of the Developer under the Comprehensive Agreement is remedied and/or any payment liabilities or obligations of the Developer are performed by the Collateral Agent under this Section 3.02(a), such action will discharge the relevant liabilities or obligations of the Developer to the Department. No such performance by or on behalf of the Collateral Agent under this Section 3.02(a) will be construed as an assumption by the Collateral Agent, or any person acting on the Collateral Agent’s behalf, of any of the covenants, agreements or other obligations of the Developer under the Comprehensive Agreement.
(b) At any time during a Cure Period or an Event of Default, the Collateral Agent may:
(i) issue a Step-in Notice in accordance with the requirements of Section 4.01; or
(ii) issue a Substitution Notice in accordance with the requirements of Section
Collateral Agent Rights. The Collateral Agent is hereby authorized to file one of more UCC-1 Financing Statements with the Secretary of State of the State of Nevada evidencing and providing notice of the security interest granted pursuant to this Agreement in the Collateral.
Collateral Agent Rights. The rights, privileges, immunities and indemnities provided to the Collateral Agent under the Intercreditor and Collateral Agency Agreement shall, to the extent applicable, apply in this Debenture as if fully set forth herein.
Collateral Agent Rights. If an Enforcement Event has occurred and is continuing, the Collateral Agent may in its absolute discretion or shall, if so instructed by the Applicable Representative, without notice or further demand, exercise from time to time all rights, powers and remedies held by it as assignee of the Deposits and to:
(a) demand and receive all and any monies due under or arising out of any Deposit;
(b) exercise in relation to any Deposit all such rights as the Company was then entitled to exercise in relation to that Deposit or might, but for the terms of this Agreement, exercise; and
(c) except to the extent prohibited by law, apply, set off or transfer any or all of the Deposits in or towards the payment or other satisfaction of the Secured Liabilities or any part of them in accordance with Clause 14 (Application of Proceeds).
Collateral Agent Rights. The Collateral Agent shall be entitled to all of the rights, protections, indemnities and immunities set forth in the Note Purchase Agreement as if set forth herein.
Collateral Agent Rights. Managing Agent may (and shall upon Requisite Lender's direction), at any time that an Event of Default shall have occurred and be continuing, deliver notice under the Cash Management Letter to each of the financial institutions party thereto, requiring that all funds on deposit in the Deposit Accounts of Borrower and its Subsidiaries (other than Excluded Accounts) be transferred on a daily basis to the Collection Account (it being understood that funds may be transferred through intermediary accounts in the Cash Management System subject to Cash Management Letters prior to ultimate transfer to the Collection Account), and upon such notice and thereafter, without limiting any other provision of this Agreement or the other Loan Documents, Borrower agrees to perform and comply and to cause each of its Subsidiaries to perform and comply with the following covenants and agreements:
(i) Receipts shall be received and held by Borrower and each of its Subsidiaries and any of their respective officers, employees, agents or other Persons acting for or in concert with any Credit Party to make collections for or on behalf of any Credit Party ("Collecting Agents"), in trust for Collateral Agent as Collateral. Notwithstanding any other provision of this Agreement or any other Loan Document, all Receipts shall be paid by the obligor thereon into the Deposit Accounts subject to the Cash Management System. On a daily basis, each Credit Party, or any Collecting Agent, shall deposit or shall cause to be deposited, all Receipts into Deposit Accounts included in the Cash Management System and subject to Cash Management Letters on or before the first Business Day following receipt thereof after receipt in the applicable lockbox or accounting office of such Credit Party, and as soon as practical in the case of Receipts received in any other manner (it being understood that the foregoing does not limit each Credit Party's obligation to instruct all obligors to make payments into lockboxes).
(ii) Except to the extent otherwise provided herein, upon deposit in the Collection Account, any Receipts consisting of cash or wire or electronic transfers in immediately available funds shall be applied by Collateral Agent to the Loans and other Obligations as set forth in Subsection 6.10B(iii); provided that upon and during the continuance of an Event of Default (other than an Event of Default under subsections 8.1, 8.6 or 8.7) or upon any other event or condition (including, without limita...
Collateral Agent Rights. (a) At any time during an Event of Default (but, in the case of a Developer Default, only for so long as the Initial Period has not expired), without giving a Step-in Notice, the Collateral Agent may (but shall have no obligation), at its sole option and discretion, perform or arrange for the performance of any act, duty, or obligation required of Developer under the Project Agreement, or remedy any breach of Developer thereunder at any time, which performance or remedy by or on behalf of the Collateral Agent shall be accepted by the Authority in lieu of performance by Developer and in satisfaction of Developer’s corresponding obligations under the Project Agreement. To the extent that any breach of Developer under the Project Agreement is remedied and/or any payment liabilities or obligations of Developer are performed by the Collateral Agent under this Section 3.02(a), such action shall discharge the relevant liabilities or obligations of Developer to the Authority. No such performance by or on behalf of the Collateral Agent under this Section 3.02(a) shall be construed as an assumption by the Collateral Agent, or any person acting on the Collateral Agent’s behalf, of any of the covenants, agreements or other obligations of Developer under the Project Agreement.
(b) At any time during a Cure Period or an Event of Default, the Collateral Agent may:
(i) issue a Step-in Notice in accordance with the requirements of Section 4.01; or
(ii) issue a Substitution Notice in accordance with the requirements of Section 5.01.
Collateral Agent Rights. (a) At any time during a 395 Concessionaire Breach, only for so long as the Initial Period has not expired, the Collateral Agent may (but shall have no obligation), at its sole option and discretion, perform or arrange for the performance of any act, duty, or obligation required of the Concessionaire under the Second ARCA with respect to the 395 Project, or remedy any 395 Concessionaire Breach at any time, which performance or remedy by or on behalf of the Collateral Agent will be accepted by the Department in lieu of performance by the Concessionaire and in satisfaction of the Concessionaire’s obligations under the Second ARCA with respect to the 395 Project. To the extent that any 395 Concessionaire Breach is remedied and/or any payment liabilities or obligations of the Concessionaire are performed by the Collateral Agent under this
(a) will be construed as an assumption by the Collateral Agent, or any person acting on the Collateral Agent’s behalf, of any of the covenants, agreements or other obligations of the Concessionaire under the Second ARCA.
Collateral Agent Rights. ( ) E D ( , D , I P ), S - S R , , R . T S R / D . N S R . ( ) P E D , : ( ) S - N S 4.01; ( ) S N
Collateral Agent Rights. The rights, privileges, protections, immunities and benefits given to the Disbursement Agent, including, without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the Collateral Agent.
