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. 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:
(a) the obtaining of credit or the incurring of indebtedness that is secured by a security, mortgage, or collateral interest or other lien on all or any portion of the DIP Collateral and/or entitled to priority administrative status which is superior to or pari passu with those granted pursuant to the Interim Order or this Final Order to the DIP Secured Parties; or
(b) the use of Cash Collateral for any purpose other than to indefeasibly pay in full in cash the DIP Obligations or as otherwise permitted in the DIP Credit Agreement.
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. Unless the Lender has provided its prior written consent or all DIP Obligations have been paid in full in cash (or will be paid in full in cash upon entry of an order approving indebtedness described in subparagraph (a) below), and all commitments to lend have terminated, there shall not be entered in these Cases, or in any Successor Cases, any order which authorizes any of the following:
(a) the obtaining of credit or the incurring of indebtedness that is secured by a security, mortgage, or collateral interest or other lien on all or any portion of the Collateral and/or entitled to priority administrative status which is equal or senior to those granted to the Lender herein; or
(b) the enforcement of any claimed security, mortgage, or collateral interest or other lien of any person other than the Lender on all or any portion of the Collateral (other than Permitted Liens).
Collateral Rights. (1) The Buyer is aware that the assets sold under the terms of the present Agreement may be encumbered with collateral rights of the Debtor's creditors, e.
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:
(a) the obtaining of credit or the incurring of indebtedness that is secured by a security, mortgage, or collateral interest or other lien on all or any portion of the DIP Collateral and/or entitled to priority administrative status which is superior to or pari passu with those granted pursuant to this Interim Order to the DIP Secured Parties; or
(b) the use of Cash Collateral for any purpose other than to indefeasibly pay in full in cash the DIP Obligations or as otherwise permitted in the DIP Credit Agreement.
Collateral Rights. Debtor is lawfully possessed and the sole owner of the Collateral, free of any pledge, lien, encumbrance or adverse claim of any kind or character, legal or equitable, except (a) the security interest created by this Agreement, (b) the interests of other certain creditors in Inventory that are subordinated to Secured Party's interest by a written subordination agreement satisfactory to Secured Party, (c) encumbrances on Inventory in favor of manufacturers of raw materials and components, to the extent the related indebtedness is subtracted in the calculation of the Borrowing Base hereunder, and (d) as otherwise consented to by Secured Party in writing (collectively, "Permitted Liens"). Debtor has authority to encumber and pledge the Collateral in the manner and form provided for in this Agreement.
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.
Collateral Rights. 2.3.1. The Grantor, in granting this Concession, grants as an integral and inextricable part thereof, the right, obligation and authority to the Concessionaire to do all such things previously performed by the Grantor and the Existing Operator as may be reasonably necessary to give effect to its obligations under this Concession Agreement, which right, obligation and authority includes, the power to close streets, access properties, perform excavation or construction works, install or remove machinery, equipment or pipes and to interrupt or suspend the provision of the Services, whether in whole or in part, subject to the Concessionaire meeting its obligations under this Concession Agreement. The grant is subject only to compliance by the Concessionaire with the terms of this Agreement, any applicable Laws, Required Consents, or procedures and notification of the Competent Authorities, where appropriate. Save as expressly provided in this Concession Agreement, the Concessionaire will not have to seek and obtain the consent of the Grantor to perform any of the above actions. To the extent that the Grantor is not entitled to confer on the Concessionaire such powers without the prior issue of any Required Consent by the Grantor to the Concessionaire the Grantor hereby undertakes to grant such Required Consent, as soon as reasonably practicable following a request from the Concessionaire.
