Collateral Maintenance; Release of Collateral Sample Clauses

Collateral Maintenance; Release of Collateral. (1) In the event that at any determination of the Collateral Value of Collateral by the Lender, in its sole reasonable discretion, the Collateral Value of Collateral is less than the aggregate principal balance of the Loans outstanding plus accrued interest thereon (a “Collateral Deficiency”) and such Collateral Deficiency exceeds $100,000, the Borrower shall upon written request of the Lender deliver to the Lender (as instructed by the Lender) additional cash or Collateral in an amount at least equal to such Collateral Deficiency or repay Loans in the amount of such Collateral Deficiency, in each case within one Business Day of receipt of such request. Until such time as the Collateral Value of Collateral equals or exceeds the aggregate principal balance of the Loans outstanding plus accrued interest thereon, the Lender shall not be obligated to extend further Loans hereunder and all funds received by the Borrower in respect of, and Proceeds of, such Collateral shall be remitted to the Lender and applied in the manner set forth in Section 2.7. (2) The Borrower may request from time to time, and the Lender shall agree, to release the Lien of the Lender with respect to its right to receive reimbursement for Servicer Advances which Servicer Advances, together with any interest due thereon, have been paid in full; provided that (i) no Default shall have occurred and be continuing, and (ii) after giving effect to such release, no Collateral Deficiency shall exist. Subject to the proviso set forth in the preceding sentence, the Lender shall release to the Trustee or, at the direction of the Trustee, to the Borrower any amounts paid to the Lender which exceed the amount due the Lender in respect of Servicer Advances and interest thereon at the Interest Rate or the Default Rate, as applicable.
AutoNDA by SimpleDocs
Collateral Maintenance; Release of Collateral. In the event that at the determination of the Collateral Value of Collateral, the Collateral Value of Collateral is less than the aggregate principal balance of the Loans outstanding plus accrued interest thereon (a "Collateral Deficiency"), the Borrower shall upon written request of Greenwich --------------------- deliver to the Bailee or the Lender (as instructed by the Lender) additional cash or Collateral in an amount at least equal to such Collateral Deficiency or repay Loans in the amount of such Collateral Deficiency, in each case within one Business Day of receipt of such request. Until such time as the Collateral Value of Collateral equals or exceeds the aggregate principal balance of the Loans outstanding plus accrued interest thereon, Greenwich shall not be obligated to extend further Loans hereunder and all funds received by the Borrower in respect of, and Proceeds of, such Collateral shall be remitted to Greenwich and applied in the manner set forth in Section 2.7(b).

Related to Collateral Maintenance; Release of Collateral

  • Release of Collateral Subject to Section 11.01 and the terms of the Basic Documents, the Indenture Trustee shall release property from the lien of this Indenture only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates.

  • Release of Collateral, etc Any release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation negligent, willful, unreasonable or unjustifiable impairment) of any collateral, property or security, at any time existing in connection with, or assuring or securing payment of, all or any part of the Liabilities;

  • Maintenance of Collateral Borrower will maintain the Collateral in good working condition, and Borrower will not use the Collateral for any unlawful purpose. Borrower will immediately advise Silicon in writing of any material loss or damage to the Collateral.

  • Use of Collateral Each of the parties granting a security interest hereunder may continue to use and deal with its interest in the Collateral in any lawful manner and may sell items of Collateral in the ordinary course of its business, subject only to the requirements of the Transfer Documents, the Servicing Agreement or any other Basic Document, as appropriate.

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

  • Purchase of Collateral Credit bid and purchase all or any portion of the Collateral at any public sale. Any deficiency that exists after disposition of the Collateral as provided above will be paid immediately by Borrower.

  • Condition of Collateral Secured Party has no obligation to repair, clean-up or otherwise prepare the Collateral for sale.

  • Release of Liens If at any time any Grantor or any ABL Secured Party delivers notice to the New First Lien Collateral Agent with respect to any specified Common Collateral that: (A) such specified Common Collateral is sold, transferred or otherwise disposed of (a “Disposition”) by the owner of such Common Collateral in a transaction permitted under the ABL Credit Agreement and the New First Lien Agreement; or (B) the ABL Secured Parties are releasing or have released their Liens on such Common Collateral in connection with a Disposition in connection with an Exercise of Secured Creditor Remedies with respect to such Common Collateral, then the Liens upon such Common Collateral securing New First Lien Obligations will automatically be released and discharged as and when, but only to the extent, such Liens on such Common Collateral securing ABL Obligations are released and discharged (provided that in the case of clause (B) of this Section 2.4(b), the Liens on any Common Collateral disposed of in connection with an Exercise of Secured Creditor Remedies shall be automatically released but any proceeds thereof not applied to repay ABL Obligations shall be subject to the respective Liens securing New First Lien Obligations and shall be applied pursuant to Section 4.1). Upon delivery to the New First Lien Collateral Agent of a notice from the ABL Collateral Agent stating that any such release of Liens securing or supporting the ABL Obligations has become effective (or shall become effective upon the New First Lien Collateral Agent’s receipt of such notice), the New First Lien Collateral Agent shall, at the Company’s expense, promptly execute and deliver such instruments, releases, termination statements or other documents confirming such release on customary terms, which instruments, releases and termination statements shall be substantially identical to the comparable instruments, releases and termination statements executed by the ABL Collateral Agent in connection with such release. The New First Lien Collateral Agent hereby appoints the ABL Collateral Agent and any officer or duly authorized person of the ABL Collateral Agent, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power of attorney in the place and stead of the New First Lien Collateral Agent and in the name of the New First Lien Collateral Agent or in the ABL Collateral Agent’s own name, from time to time, in the ABL Collateral Agent’s sole discretion, for the purposes of carrying out the terms of this paragraph, to take any and all appropriate action and to execute and deliver any and all documents and instruments as may be necessary or desirable to accomplish the purposes of this paragraph, including any financing statements, endorsements, assignments, releases or other documents or instruments of transfer (which appointment, being coupled with an interest, is irrevocable).

  • Defense of Collateral, Etc The Company shall defend and enforce its right, title and interest in and to any part of: (a) the Pledged Property; and (b) if not included within the Pledged Property, those assets and properties whose loss could have a Material Adverse Effect, the Company shall defend the Secured Party's right, title and interest in and to each and every part of the Pledged Property, each against all manner of claims and demands on a timely basis to the full extent permitted by applicable law.

  • Retention of Collateral In addition to the rights and remedies hereunder, the Administrative Agent may, in compliance with Sections 9-620 and 9-621 of the UCC or otherwise complying with the requirements of applicable Law of the relevant jurisdiction, accept or retain the Collateral in satisfaction of the Secured Obligations. Unless and until the Administrative Agent shall have provided such notices, however, the Administrative Agent shall not be deemed to have retained any Collateral in satisfaction of any Secured Obligations for any reason.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!