Common use of Collection of Collateral Payments Clause in Contracts

Collection of Collateral Payments. (a) The Pledgor shall, at its sole cost and expense, endeavor to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including the taking of such action with respect thereto as the Collateral Agent may reasonably request or, in the absence of such request, as the Pledgor may reasonably deem advisable; provided that the Pledgor shall not, without the prior written consent of the Collateral Agent, grant or agree to any rebate, refund, compromise or extension with respect to any Collateral Payment. Upon the request of the Required Banks following the occurrence of an Event of Default, the Pledgor will notify and direct any party which is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Agent (or to the Pledgor in care of the Collateral Agent) at such address as the Collateral Agent may designate. The Pledgor will reimburse the Collateral Agent promptly upon demand for all out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Pledgor Each of the Guarantors shall, at its the Company's sole cost and expense, endeavor to obtain paymentpayment directly, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral PaymentsCOLLATERAL PAYMENTS" or a "Collateral PaymentCOLLATERAL PAYMENT"), including the taking consistent with all requirements of law and contractual obligations binding upon such action with respect thereto Guarantor, but subject to such Guarantor's reasonable business judgment and right to contest as the Collateral Agent may reasonably request or, set forth in the absence of such request, as the Pledgor may reasonably deem advisable; provided that the Pledgor shall not, without the prior written consent of the Collateral Agent, grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentSECTION 6(E) above. Upon the request of the Required Banks Directing Creditors following the occurrence of an Event Alternate Major Default with respect to David G. Price or Mountaingate or a Major Default with respect to GEX xx XXX, xx xpplicable (and subject to the requirements of Defaultapplicable law), the Pledgor Guarantors will notify and direct any party which who is or might become obligated to make any Collateral Payment, Payment to make payment thereof to the Collateral Agent (or to the Pledgor Company in care of the Collateral Agent) at such address as the Collateral Agent may designatedesignate which payment will promptly be deposited into the Collateral Proceeds Account. The Pledgor Company will reimburse the Collateral Agent promptly upon demand for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Pledgor shall, at its her sole cost and expense, endeavor take all reasonably necessary action to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including including, without limitation, the taking of such action with respect thereto as the Collateral Agent or the Required Purchasers may reasonably request request, or, in the absence of such request, as the Pledgor may reasonably deem advisable; provided that provided, however, pursuant to Section 14(f) of the AGC Collateral Agency Agreement, upon the occurrence of an Alternate Major Default, or the failure of Xxxxx X. Xxxxx to provide the Alternate Pledge Collateral on March 31, 2003, or if otherwise prohibited by the Debt Documents or the Restructure Documents, the Pledgor shall not, without the prior written consent of the Collateral AgentRequired Purchasers (which consent shall not be unreasonably withheld), grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentPayment or accept any prepayment on account thereof. Upon Pursuant to Section 14(f) of the AGC Collateral Agency Agreement, upon the request of the Collateral Agent at the direction of the Required Banks Purchasers following an Alternate Major Default, or the occurrence failure of an Event of DefaultXxxxx X. Xxxxx to provide the Alternate Pledge Collateral on March 31, 2003, the Pledgor will notify and direct any party which who is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Agent (or to the Pledgor in care of the Collateral Agent) at such address as the Collateral Agent may designate. The Pledgor will reimburse the Collateral Agent promptly upon demand for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Each Pledgor shall, at its such Pledgor's sole cost and expense, endeavor take all reasonably necessary action to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including including, without limitation, the taking of such action with respect thereto as the Collateral Agent Lender may reasonably request request, or, in the absence of such request, as the Pledgor may reasonably deem advisable; provided that provided, however, upon the occurrence and continuance of an Event of Default, or if otherwise prohibited by the Loan Documents, the Pledgor shall not, without the prior written consent of the Collateral AgentLender, grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentPayment or accept any prepayment on account thereof. Upon the request of the Required Banks following Lender at the direction of the Lender during the occurrence and continuance of an Event of Default, the Pledgor will notify and direct any party which who is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Agent (or to the Pledgor in care of the Collateral Agent) at such address as the Collateral Agent Lender may designate. The Pledgor will reimburse the Collateral Agent Lender promptly upon demand for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent Lender in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Pledgor shall, at its his sole cost and expense, endeavor take all reasonably necessary action to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including including, without limitation, the taking of such action with respect thereto as the Collateral Agent or the Required Purchasers may reasonably request request, or, in the absence of such request, as the Pledgor may reasonably deem advisable; provided that provided, however, pursuant to Section 14(f) of the AGC Collateral Agency Agreement, upon the occurrence of an Alternate Major Default, or the failure of David G. Price to provide the Alternate Pledge Collateral on March 31, 0000, xx xx otherwise prohibited by the Debt Documents or the Restructure Documents, the Pledgor shall not, without the prior written consent of the Collateral AgentRequired Purchasers (which consent shall not be unreasonably withheld), grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentPayment or accept any prepayment on account thereof. Upon Pursuant to Section 14(f) of the AGC Collateral Agency Agreement, upon the request of the Collateral Agent at the direction of the Required Banks Purchasers following the occurrence of an Event of Alternate Major Default, or the Pledgor failure of David G. Price to provide the Alternate Pledge Collateral on March 31, 0000, xxx Xxedgor will notify and direct any party which who is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Agent (or to the Pledgor in care of the Collateral Agent) at such address as the Collateral Agent may designate. The Pledgor will reimburse the Collateral Agent promptly upon demand for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Pledgor shall, at its sole cost and expense, endeavor take all reasonably necessary action to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including including, without limitation, the taking of such action with respect thereto as the Collateral Agent Required Creditors may reasonably request request, or, in the absence of such request, as the Pledgor may reasonably deem advisable; provided that provided, however, in the event of a Major Default or if otherwise prohibited by the Debt Documents and the Restructure Documents, the Pledgor shall not, without the prior written consent of the Collateral AgentDirecting Creditors (which consent shall not be unreasonably withheld), grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentPayment or accept any prepayment on account thereof. Upon the request of the Required Banks Directing Creditors following the occurrence and during the continuance of an Event of a Major Default, the Pledgor will notify and direct any party which who is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Agent (or to the Pledgor in care of the Collateral Agent) at such address as the Collateral Agent may designate. The Pledgor will reimburse the Collateral Agent promptly upon demand for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Pledgor Borrowers shall, at its their sole cost and expense, endeavor to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including including, without limitation, the taking of such action with respect thereto as the Collateral Administrative Agent may reasonably request request, or, in the absence of such request, as the Pledgor Borrowers may reasonably deem advisable; provided provided, however, that the Pledgor Borrowers shall not, without the prior written consent of the Collateral Administrative Agent, grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentPayment or, without notice to the Administrative Agent, accept any prepayment on account thereof. Upon the request of the Required Banks Administrative Agent (which request will only be made following the occurrence of an Event of DefaultDefault with respect to Collateral Payments consisting of monthly payments of principal and interest on Mortgage Loans included in the Collateral), the Pledgor Borrowers will notify and direct any party which who is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Administrative Agent (or to the Pledgor Borrowers in care of the Collateral Administrative Agent) at such address as the Collateral Administrative Agent may designate. The Pledgor Borrowers will reimburse the Collateral Administrative Agent promptly upon demand for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Administrative Agent or the Collateral Agent in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Pledgor shall, at its sole cost and expense, endeavor take all reasonably necessary action to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including including, without limitation, the taking of such action with respect thereto as the Collateral Agent Required Creditors may reasonably request request, or, in the absence of such request, as the Pledgor may reasonably deem advisable; provided that provided, however, in the event of a Major Default or if otherwise prohibited by the Debt Documents and the Restructure Documents, the Pledgor shall not, without the prior written consent of the Collateral AgentDirecting Creditors (which consent shall not be unreasonably withheld), grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentPayment or accept any prepayment on account thereof. Upon the request of the Required Banks Directing Creditors following the occurrence and during the continuance of an Event of a Major Default, the Pledgor will notify and direct any party which who is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Agent (or to the Pledgor in care of the Collateral Agent) at such address as the Collateral Agent may designate. The Pledgor will reimburse the Collateral Agent promptly upon demand for all out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Pledgor shall, at its his sole cost and expense, endeavor take all reasonably necessary action to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including including, without limitation, the taking of such action with respect thereto as the Collateral Agent or the Required Creditors may reasonably request request, or, in the absence of such request, as the Pledgor may reasonably deem advisable; provided that provided, however, subject to Section 14(g) and pursuant to Section 14(f) of the AGC Collateral Agency Agreement, upon the earlier to occur of an Alternate Major Default or October 15, 2002, or if otherwise prohibited by the Debt Documents or the Restructure Documents, the Pledgor shall not, without the prior written consent of the Collateral AgentDirecting Creditors (which consent shall not be unreasonably withheld), grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentPayment or accept any prepayment on account thereof. Upon Subject to Section 14(g) and pursuant to Section 14(f) of the AGC Collateral Agency Agreement, upon the request of the Required Banks Collateral Agent at the direction of the Directing Creditors following the occurrence earlier to occur of an Event of DefaultAlternate Major Default or October 15, 2002, the Pledgor will notify and direct any party which who is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Agent (or to the Pledgor in care of the Collateral Agent) at such address as the Collateral Agent may designate. The Pledgor will reimburse the Collateral Agent promptly upon demand for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent in seeking to collect any Collateral Payment.

Collection of Collateral Payments. (a) The Pledgor shall, at its Pledgor's sole cost and expense, endeavor take all reasonably necessary action to obtain payment, when due and payable, of all sums due or to become due with respect to any Collateral ("Collateral Payments" or a "Collateral Payment"), including including, without limitation, the taking of such action with respect thereto as the Collateral Agent Lender may reasonably request request, or, in the absence of such request, as the Pledgor may reasonably deem advisable; provided that provided, however, upon the occurrence and continuance of an Event of Default, or if otherwise prohibited by the Loan Documents, the Pledgor shall not, without the prior written consent of the Collateral AgentLender, grant or agree to any rebate, refund, compromise or extension with respect to any Collateral PaymentPayment or accept any prepayment on account thereof. Upon the request of the Required Banks following Lender at the direction of the Lender during the occurrence and continuance of an Event of Default, the Pledgor will notify and direct any party which who is or might become obligated to make any Collateral Payment, to make payment thereof to the Collateral Agent (or to the Pledgor in care of the Collateral Agent) Lender at such address as the Collateral Agent Lender may designate. The Pledgor will reimburse the Collateral Agent Lender promptly upon demand for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees and litigation expenses, incurred by the Collateral Agent Lender in seeking to collect any Collateral Payment.