Collection and Enforcement Sample Clauses
Collection and Enforcement. After the occurrence of an Event of Default and during the continuance thereof (in accordance with the Facilities Agreement), Secured Party may:
(a) notify any Account Debtor or other Person obligated on Collateral to make payment or otherwise render performance to or for the benefit of Secured Party;
(b) take any Proceeds to which Secured Party is entitled under Section 9-315 of Article 9 of the UCC;
(c) enforce the obligations of any Debtor or other Person obligated on Collateral and exercise the rights of Debtor with respect to the obligations of the Debtor or other Person obligated on Collateral to make payment or otherwise render performance to Debtor, and with respect to any property that secures the obligations of the Debtor or other Person obligated on the Collateral;
(d) if Secured Party is a Bank and holds a security interest in a Deposit Account maintained with Secured Party, apply the balance of the Deposit Account to the obligation secured by the Deposit Account; and
(e) if Secured Party holds a security interest in a Deposit Account perfected by control pursuant to an agreement among Debtor, Secured Party and the Bank with which the Deposit Account is maintained, or if Secured Party becomes the Bank’s customer with respect to the Deposit Account, instruct the Bank with which the Deposit Account is maintained to pay the balance of the Deposit Account to or for the benefit of Secured Party.
Collection and Enforcement. The Trustees shall have the power to demand, collect and receive Employer contributions to the Trust, including the right to commence legal proceedings in the name of the Trust or any Benefit Plan or any assignee in a court of competent jurisdiction to collect the amount of unpaid contributions, interest, liquidated damages, late charges, attorneys' fees, and costs.
Collection and Enforcement. OWNER authorizes BROKER, in the exercise of BROKER’S sole discretion, to perform all reasonably necessary services and/or enforcement actions required to enforce rent collection and recovery of damages when the tenant is delinquent with rents and other charges due under the lease, or otherwise breaches any other material terms or condition of the lease, including but not limited to: termination of lease(s), contracting eviction procedures through an attorney, initiating a special detainer action, signing papers for legal process, recovering possession of OWNER’S PROPERTY, reinstating tenancies and/or releasing such actions of lawsuits as BROKER feels necessary to protect the OWNER and/or BROKER’S interest. As BROKER is not licensed to practice law, BROKER shall at times obtain the services of an attorney and process server, the expense for whom shall be the responsibility of OWNER. All charges related to such enforcement actions shall be billed by BROKER to tenant as additional rent; however, OWNER is ultimately responsible to pay such expenses upon demand in the event tenant does not pay. Enforcement actions charges, in addition to attorney and process server fees, may include but are not limited to certified mailing fees, late fees, legal notification fees, non sufficient funds fees, special mail fees, security check fees, and bookkeeping fees to provide attorney with documents to file court cases. BROKER shall retain any and all enforcement action charges and fees as compensation for these additional services. In the event legal action is required, OWNER shall pay BROKER $50 per hour as compensation for BROKER’S costs incurred in connection with any legal proceeding. This fee will cover the cost of all court appearances and coordination with collection agency. OWNER acknowledges that BROKER may contract with third parties to collect past due balances and that said third parties may retain a portion of any monies collected as compensation for their efforts. BROKER is under no obligation to attempt to collect past due balances and shall pursue such collections at its sole discretion.
Collection and Enforcement. If the Guarantors shall fail to pay when due any of the Guarantied Obligations or shall otherwise fail to comply with any provision of this Agreement, the Guarantors will pay to each Noteholder, to the extent permitted by law, such amounts as shall be sufficient to cover the costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by such Noteholder in collecting any sums due hereunder and in enforcing any rights or remedies that are or may be available to such Noteholder.
Collection and Enforcement. All reasonable advances, costs, expenses, charges, and attorney’s fees, which Sponsoring Entity or Administrator may make, pay, or incur for the collection of its fees or for the enforcement of any of its rights, or in any dispute or litigation in which Sponsoring Entity or Administrator may become involved by reason of or arising out of this Agreement, shall be paid by Seller to Sponsoring Entity or Administrator (as applicable). Sponsoring Entity and/or Administrator shall be entitled to bring a court action seeking injunctive, mandatory or other equitable relief to restrain any breach, threatened breach, or to enforce the Agreement, it being agreed that money damages alone would be inadequate to compensate it.
Collection and Enforcement. Each Employer shall be responsible only for making the contributions and payments that it is obligated to make, as established by the 2002 Agreements. Nonpayment by an Employer of any contributions and payments when due shall not relieve any other Employer of his obligation to make payments. Neither shall nonpayment by one Employer of any contributions and payments when due impose upon any other Employer any obligation with respect to such payments. The Trustees shall have the power to demand and collect the contributions of the Employer to the Fund. In addition to any other remedies to which the parties may be entitled, any Employer in default for five (5) days will be required to pay interest on the monies due to the Trustees at the rate charged by the Internal Revenue Service at the time of delinquency up to the date when payment is made, together with all reasonable expenses of collection incurred by the Trustees, including but not limited to attorney’s fees. The foregoing five (5) day “grace period” shall not apply to any Employer with an outstanding obligation to the Trustees. The Trustees are further authorized and empowered to require a bond either in cash or by recognized security to be posted in accordance with a formula determined by the Trustees in order to insure prompt payment of contributions to the Fund. The Trustees shall have sole discretion in establishing rules to determine when bonds shall be posted. All employers who become party to this Agreement and Declaration of Trust agree to be bound by the decisions of the Trustees on delinquencies. The Trustees may take all actions necessary to collect any amounts due the Trust Fund. If the Trustees file suit to collect any amounts due the Trust Fund, the Trustees shall also seek liquidated damages in the amount of twenty percent (20%) of the contributions due at the time the lawsuit is filed. In addition to the liquidated damages authorized under the Employee Retirement Income Security Act (ERISA), (29 USC § 1132 (g)), the Trustees shall also seek all interest, costs and attorney’s fees associated with collection of the delinquent contributions. The Employer agrees that the Trustee may seek all contributions, interest, liquidated damages, costs and attorney’s fees that come due the Trust Fund between the date the lawsuit is filed, and the date Judgment is entered by the Court.
Collection and Enforcement. Manager shall use its reasonable best efforts to enforce the tenant’s obligations under the Leases and to require compliance with the terms of the Leases on the part of the tenants and occupants. At the expense of Owner, Manager shall take such actions as may be necessary to enforce Owner’s rights under the Leases.
(1) Manager shall use its reasonable best efforts to collect all rents and other charges payable by tenants under the terms of their Leases, users of garage or other covered parking spaces (if any), lessees of other nondwelling facilities in the Property and concessionaires in consequence of the authorized operation of facilities in the Property maintained primarily for the benefit of tenants and otherwise due Owner with respect to the Property in the ordinary course of business; provided, however, nothing contained herein shall be construed as Manager’s guarantee of, and Manager does not guarantee, the creditworthiness or collectability of amounts payable by tenants, users, lessees or concessionaires.
(2) Owner authorizes Manager to request, demand, collect, receive and receipt all such rent and other charges and to institute legal proceedings in the name of, and as an expense reimbursable by Owner for the collection thereof, and for the dispossession of tenants and other persons from the Property, and such expense may include the engaging of counsel for any such matter.
(3) Manager shall collect, hold and otherwise deal with tenants’ security deposits on Owner’s behalf to comply with applicable state and local laws concerning Owner’s responsibility for security deposits and the interest thereon, if any.
Collection and Enforcement. 18.1 The Lending Agent will:
18.1.1 monitor all payment obligations under the Loan Contract including payment of Default Interest;
18.1.2 take appropriate steps to contact the borrower for payment arrears; and
18.1.3 report any failure by the borrower to make a Scheduled Repayment or any other amount required to be paid under the Loan Contract.
18.2 In addition to the action required under 16.1, the Lending Agent may, on behalf of the Participating Lenders, take any and all recovery action that it considers to be reasonable in the circumstances to recover any losses, costs or damages of the Participating Lenders as a result of the failure by the Borrower to make a payment under the Loan Contract on time and in full or any other Event of Default (Enforcement Action). An Enforcement Action may include any or all of the following:
18.2.1 making a written demand for overdue payments and for payment of Default Interest ;
18.2.2 appointing a debt collection agency on behalf of the Participating Lenders to recover any payments or other losses;
18.2.3 suspending or cancelling the Borrower's access to the Platform for future Loans;
18.2.4 enforcing any Security that is in place; and
18.2.5 filing and prosecuting court proceedings to recover any losses of the Participating Lenders .
18.3 The Lending Agent may deduct its Enforcement Costs from any amount recovered from a Borrower as a result of Enforcement Action taken in respect of a Loan. The Participating Lenders are not liable for Enforcement Costs to the extent they exceed the amount recovered from the Borrower.
Collection and Enforcement. (a) LENDER MAY COLLECT FROM THE UNDERSIGNED WITHOUT FIRST FORECLOSING ON ANY REAL OR PERSONAL PROPERTY COLLATERAL PLEDGED BY BORROWER; AND
Collection and Enforcement. At any time after the occurrence of a Default or an Event of Default, Lender may:
(a) notify any Collection Collateral Debtor or other Person obligated on Collateral to make payment or otherwise render performance to or for the benefit of Lender;
(b) take any Proceeds to which Lender is entitled under Section 9-315 of Article 9;
(c) enforce the obligations of any Collection Collateral Debtor or other Person obligated on Collateral and exercise the rights of Borrower with respect to the obligations of the Collection Collateral Debtor or other Person obligated on Collateral to make payment or otherwise render performance to Borrower, and with respect to any property that secures the obligations of the Collection Collateral Debtor or other Person obligated on the Collateral; and
(d) if Lender holds a security interest in a Deposit Account perfected by control pursuant to an agreement among Borrower, Lender and the Bank with which the Deposit Account is maintained, or if Lender becomes the Bank's customer with respect to the Deposit Account, instruct the Bank with which the Deposit Account is maintained to pay the balance of the Deposit Account to or for the benefit of Lender.