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:
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. Payments received by the Trustees shall be applied first to any interest due, and then to the oldest unpaid balance due. Nothing herein shall give any Employer the right to designate how any contribution payment shall be applied. The Trustees have the power to add to the amount of any Employer contribution a reasonable late charge, to be fixed by the rules and regulations promulgated by the Trustees, for failure to make prompt payments to the Trust as required by the Trustees, and the Trustees have the power to collect such late charges. Failure by an Employer to pay the amounts due the Trust shall be deemed a breach of this Trust Agreement.
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. 18.1 The Lending Agent will:
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. 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. 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. (A) Upon the occurrence of an Event of Default, Lender may, in its sole and absolute discretion, notify any and all trade and account debtors obligated on any or all Receivables of Borrower to make payment thereof directly to Lender and to take control of all proceeds of any such Receivables; (B) Borrower, if requested by Lender, shall stamp or cause to be stamped prominently on the face of each Receivable item evidenced by written instrument, and any documentation evidencing the same, in legible letters “PLEDGED AND ASSIGNED TO [LENDER NAME] AS SECURED PARTY, TOGETHER WITH ITS SUCCESSORS AND ASSIGNS, AND ANY SALE, ASSIGNMENT OR TRANSFER THEREOF WOULD VIOLATE THE RIGHTS OF [LENDER NAME]” and shall turn over physical possession of such Receivables and any documentation related thereto to Lender; (C) the costs of such collection and enforcement, including attorney’s fees and out-of-pocket expenses and all other expenses and liabilities resulting therefrom, shall be borne solely by Borrower whether the same are incurred by Lender or Borrower; and (D) in addition to the rights set forth in this Section and elsewhere in this Agreement and in the Loan Documents, Lender directly, and as Borrower’s lawful attorney-in-fact, shall be entitled to enforce Borrower’s rights against trade and account debtors;
Collection and Enforcement. (a) Harmoney is authorised to carry out the Collection Services. Accordingly, Harmoney will:
