Collateral Rights. Unless the DIP Agents have provided their prior written consent or all DIP Obligations have been indefeasibly paid in full in cash (or will be indefeasibly paid in full in cash upon entry of a final, non-appealable order approving indebtedness described in subparagraph (a) below or other arrangements for payment of the DIP Obligations satisfactory to the DIP Agents have been made) and all Commitments have terminated, there shall not be entered in these proceedings (except with respect to the bankruptcy case of Calpine and the Calpine Property), or in any Successor Case, any order which authorizes any of the following:
Collateral Rights. Subject to the rights of Collateral's licensors, Collateral may initiate and control any legal action that is not a Product Infringement Offense to enforce any of its patent rights it Controls against any Third Party; provided however if an adverse ruling in such legal action could adversely affect Schering's research, development, manufacture or sale of Product(s), Collateral may not initiate such legal actions without the prior written permission of Schering which will not be unreasonably withheld.
Collateral Rights. With respect to any proposed investment in any MBS which does not represent all of the beneficial interest in the underlying pool of Mortgage Loans, the Manager shall seek (where appropriate and feasible) to obtain the right to foreclose on the underlying property, to control the oversight and management of the resolution of the underlying Mortgage Loans by workout or modification of loan provisions, foreclosure, deed in lieu of foreclosure or otherwise and to control decisions with respect to the preservation of the collateral generally (collectively, the "Collateral Rights").
Collateral Rights. Tenant acknowledges that any right of first refusal, option to lease, right of first offer or other right to lease, and any exclusive use restriction or similar restriction granted to it under this Lease is collateral in nature and not fundamental to this Lease. The remedies of Tenant in connection with any breach of such rights are limited to an action in damages and will not entitle Tenant to treat any breach of such rights as a repudiation or fundamental breach of this Lease by Landlord.
Collateral Rights. Rights to collateral pledged to secure derivative transactions are not cancellable notwithstanding the provisions of Article 137 of the Act on bankruptcy, etc. Chapter VI. Offerings and admission to trading of securities Article 42
Collateral Rights. If the Collateral Trustees, Trustee or Senior Secured Noteholders shall at any time exercise any of their rights and remedies hereunder or under applicable law in order to effect payment or satisfaction of the Adequate Protection Obligations or the Senior Secured Notes Claims, or to receive any amounts or remittances due hereunder, including, foreclosing upon and selling all or a portion of the Collateral (all solely to the extent not inconsistent with the requirements of this Interim Order), the Collateral Trustees and the Consenting Senior Secured Noteholders shall have the right without any further action or approval of this Court to exercise such rights and remedies as to all or such part of the Collateral as the Collateral Trustees, the Trustee or the Requisite Consenting Senior Secured Noteholders may determine. No holder of a lien shall be entitled to object on the basis of the existence of such lien to the exercise by the Collateral Trustees, the Trustee or the Senior Secured Noteholders of their respective rights and remedies under this Interim Order or other applicable law to effect satisfaction of the Senior Secured Notes Claim or Adequate Protection Obligations or to receive any amounts or remittances due hereunder. All proceeds and payments delivered to the Collateral Trustees pursuant to this paragraph 16 may be applied to the Senior Secured Notes Claim or Adequate Protection Obligations, and in no event shall the Senior Secured Parties be subject to the equitable doctrine of “marshaling” or any other similar doctrine with respect to any such collateral or otherwise.
Collateral Rights. Except as expressly permitted in this Interim Order or the DIP Documents, in the event that any person or entity that holds a lien on or security interest in Collateral of the Obligors’ estates, or Prepetition Collateral that is junior and/or subordinate to the DIP Liens or Prepetition Liens in such Collateral or Prepetition Collateral receives or is paid the proceeds of such Collateral or Prepetition Collateral, or receives any other payment with respect thereto from any other source, prior to indefeasible payment in full in cash and the complete satisfaction of all Secured Obligations under the DIP Documents and the Prepetition Secured Obligations under the Prepetition Secured Debt Documents, and termination of the Revolving Credit Commitments in accordance with the DIP Documents and the Prepetition Secured Debt Documents, such junior or subordinate lienholder shall be deemed to have received, and shall hold, the proceeds of any such Collateral of the Obligors’ estates, in trust for the DIP Lenders, and shall immediately turnover such proceeds to the DIP Agent for application in accordance with the DIP Documents and this Interim Order.
Collateral Rights. In addition to the foregoing, upon the occurrence of an Event of Default, the Holder may exercise with respect to the Collateral all of the rights and remedies (i) afforded to a secured party upon a default under the Uniform Commercial Code, or (ii) otherwise available at law or in equity.
Collateral Rights. Unless the DIP Agents have provided their prior written consent or all DIP Obligations have been indefeasibly paid in full in cash (or will be indefeasibly paid in full in cash upon entry of a final, non-appealable order approving indebtedness described in subparagraph (a) below or other arrangements for payment of the DIP Obligations satisfactory to the DIP Agents have been made) and all Commitments have terminated, there shall not be entered in these proceedings, or in any Successor Case, any order which authorizes any of the following:
Collateral Rights. If any party who holds a lien or security interest in DIP Collateral that is junior and/or subordinate to the DIP Liens in such DIP Collateral receives or is paid the proceeds of such DIP Collateral prior to the indefeasible payment in full in cash and the complete satisfaction of all DIP Obligations under the DIP Loan Documents and termination of the commitment in accordance with the DIP Loan Documents, such junior or subordinate lienholder shall be deemed to have received, and shall hold, the proceeds of any such DIP Collateral in trust for the DIP Lenders and shall immediately turn over such proceeds for application by the DIP Agent to repay the DIP Obligations in accordance with the DIP Loan Documents, and this Interim Order until indefeasibly paid in full in cash.
