Common use of Collections, etc Clause in Contracts

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent may, in its sole discretion or at the direction of Secured Parties holding at least one-third in principal amount of the Notes outstanding, in its name as Collateral Agent for the benefit of itself and the other Secured Parties, in the name of the Grantor or otherwise, demand, xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to the Collateral, but shall be under no obligation so to do, or the Collateral Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the Grantor. The Collateral Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If the Grantor fails to make any payment or to take any action required hereunder with respect to the Collateral, the Collateral Agent may make such payments and take all such actions as the Collateral Agent reasonably deems necessary to protect the security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens which in the judgment of the Collateral Agent appear to be equal to, prior to or superior to the security interests of the Collateral Agent or the other Secured Parties in the Collateral.

Appears in 3 contracts

Samples: Security Agreement (Talkpoint Communications Inc), Purchase and Subscription Agreement (Bank One Corp), Purchase and Subscription Agreement (Bank One Corp)

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Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent Lender may, in its sole discretion or at the direction of Secured Parties holding at least one-third in principal amount of the Notes outstanding, in its name as Collateral Agent for the benefit of itself and the other Secured Parties, in the name of the Grantor or otherwise, demanddiscretion, xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any commercially reasonable compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to do, or the Collateral Agent Lender may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the GrantorBorrower. The Collateral Agent Lender will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If the Grantor Borrower fails to make any payment or to take any action required hereunder with respect to the Collateralhereunder, the Collateral Agent Lender may make such payments and take all such actions as the Collateral Agent Lender reasonably deems necessary to protect the Lender's security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Agent Lender is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or and/or compromise any Liens which that in the judgment of the Collateral Agent Lender appear to be equal to, prior to or superior to the security interests of the Collateral Agent or the other Secured Parties Lender in the CollateralCollateral (other than those permitted hereunder) and any Liens not expressly permitted by this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Computer Motion Inc), Loan and Security Agreement (Intuitive Surgical Inc)

Collections, etc. Upon the occurrence and during the continuance continuation of an Event of Default, the Collateral Agent Lender may, in its sole discretion or at the direction of Secured Parties holding at least one-third in principal amount of the Notes outstanding, in its name as Collateral Agent for the benefit of itself and the other Secured Partiesdiscretion, in the name of the Grantor Lender or in the name of the Borrower or otherwise, demand, xxx for, collect or receive any money or property at any time payable or receivable on account of of, or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to do, or the Collateral Agent may Lender may, to the fullest extent permitted by Applicable Law, extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of, any of the GrantorBorrower. The Collateral Agent will Lender shall not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral, except as may be required by Applicable Law. If the Grantor Borrower fails to make any payment or to take any action required hereunder with respect hereunder, the Lender may, after notice to the CollateralBorrower, the Collateral Agent may make such payments and take all such actions as the Collateral Agent Lender reasonably deems necessary to protect the Lender's security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Agent Lender is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest contest, or compromise any Liens which that in the judgment of the Collateral Agent Lender appear to be equal to, prior to or superior to the security interests of the Collateral Agent or the other Secured Parties Lender in the CollateralCollateral and any Liens not expressly permitted by this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Mobile Telecommunication Technologies Corp)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Administrative Agent may, in its sole discretion discretion, except as prohibited or at restricted by Applicable Law in the direction case of Secured Parties holding at least one-third in principal amount of the Notes outstandingGovernment Receivables, in its name as Collateral Agent for (on behalf of the benefit of itself and the other Secured Parties, ) or in the name of the Grantor any Credit Party or otherwise, demand, xxx sue for, collect or receive any money or property at any time payable or xx receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to do, or the Collateral Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the Grantorof, any Credit Party. The Collateral Administrative Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If the Grantor any Credit Party fails to make any payment or to take any action required hereunder hereunder, the Administrative Agent may, except to the extent prohibited by Applicable Law with respect to the CollateralGovernment Receivables, the Collateral Agent may make such payments and take all such actions as the Collateral Administrative Agent reasonably deems necessary to protect the Administrative Agent's (on behalf of the Secured Parties) security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) ), except to the extent prohibited by Applicable Law with respect to Government Receivables, to pay, purchase, contest or compromise any Liens which that in the judgment of the Collateral Administrative Agent appear to be equal to, prior to or superior to the security interests of the Collateral Administrative Agent or (on behalf of the other Secured Parties Parties) in the CollateralCollateral and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Samples: Genesis Healthcare Corp

Collections, etc. Upon Subject to the provisions of the Intercreditor Agreement, upon the occurrence and during the continuance of an Event of DefaultDefault and written notice to the Credit Parties, the Collateral Administrative Agent may, in its sole discretion or at the direction of Secured Parties holding at least one-third in principal amount of the Notes outstandingdiscretion, in its name as Collateral (on behalf of the Administrative Agent for the benefit of itself and the other Secured Parties, Lenders) or in the name of the Grantor any Credit Party or otherwise, demand, xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to dodo so, or the Collateral Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the Grantorof, any Credit Party. The Collateral Administrative Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If Upon the Grantor occurrence and during the continuance of an Event of Default, if any Credit Party fails to make any payment or to take any action required hereunder with respect to the Collateralhereunder, the Collateral Administrative Agent may make such payments and take all such actions as the Collateral Administrative Agent reasonably deems necessary to protect the security interests Administrative Agent’s (on behalf of the Collateral Administrative Agent and the other Secured Parties Lenders) security interests in the Collateral and/or the value thereof, and the Collateral Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) to pay, purchase, contest or compromise any Liens which that in the judgment of the Collateral Administrative Agent appear to be equal to, prior to or superior to the security interests of the Collateral Administrative Agent or (on behalf of the other Secured Parties Administrative Agent and the Lenders) in the CollateralCollateral (other than Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Samples: Credit, Security, Guaranty and Pledge Agreement (RHI Entertainment, Inc.)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Administrative Agent may, in its sole discretion discretion, except as prohibited or at restricted by Applicable Law in the direction case of Secured Parties holding at least one-third in principal amount of the Notes outstandingGovernment Receivables, in its name as Collateral Agent for (on behalf of the benefit of itself and the other Secured Parties, ) or in the name of the Grantor any Credit Party or otherwise, demand, xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to do, or the Collateral Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the Grantorof, any Credit Party. The Collateral Administrative Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If the Grantor any Credit Party fails to make any payment or to take any action required hereunder hereunder, the Administrative Agent may, except to the extent prohibited by Applicable Law with respect to the CollateralGovernment Receivables, the Collateral Agent may make such payments and take all such actions as the Collateral Administrative Agent reasonably deems necessary to protect the Administrative Agent's (on behalf of the Secured Parties) security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) ), except to the extent prohibited by Applicable Law with respect to Government Receivables, to pay, purchase, contest or compromise any Liens which that in the judgment of the Collateral Administrative Agent appear to be equal to, prior to or superior to the security interests of the Collateral Administrative Agent or (on behalf of the other Secured Parties Parties) in the CollateralCollateral and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Samples: Genesis Healthcare Corp

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent may, in its sole discretion or at the direction of Secured Parties holding at least one-third in principal amount of the Notes outstandingdiscretion, in its name as Collateral Agent for (on behalf of the benefit of itself and the other Secured Parties, ) or in the name of the Grantor any Credit Party or otherwise, demand, xxx sue for, collect or receive any money or property at any time payable payabxx or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to do, or the Collateral Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the Grantorof, any Credit Party. The Collateral Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If the Grantor any Credit Party fails to make any payment or to take any action required hereunder with respect to the Collateralhereunder, the Collateral Agent may make such payments and take all such actions as the Collateral Agent reasonably deems necessary to protect the Collateral Agent's (on behalf of the Secured Parties) security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens which that in the judgment of the Collateral Agent appear to be equal to, prior to or superior to the security interests of the Collateral Agent or (on behalf of the other Secured Parties Parties) in the CollateralCollateral and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (Guilford Mills Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent may, in its sole discretion or at may (but only if so directed by the direction of Secured Parties holding at least one-third in principal amount of the Notes outstandingRequired Certificateholders), in its name as Collateral Agent for the benefit of itself and the other Secured Parties, or in the name of the Grantor Debtor or otherwise, demand, xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to do, or the Collateral Agent may (but only if so directed by the Required Certificateholders) extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of of, the GrantorDebtor. The Collateral Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the CollateralCollateral or otherwise hereunder except as directed by the Required Certificateholders. If the Grantor Debtor fails to make any payment or to take any action required hereunder with respect to the Collateralunder this Agreement, the Collateral Agent may make such payments and take all such actions as the Collateral Agent reasonably deems necessary Required Certificateholders may direct to protect the Collateral Agent's security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or or the value thereof, and the Collateral Agent is hereby authorized authorized, upon direction of the Required Certificateholders (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens which that in the reasonable judgment of the Collateral Agent Required Certificateholders appear to be equal to, prior to or superior to the security interests of the Collateral Agent or the other Secured Parties in the CollateralCollateral and any Liens not expressly permitted by this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Artisan Entertainment Inc)

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Collections, etc. Upon Subject to the Orders, upon the occurrence and during the continuance of an Event of DefaultDefault (and without further order of the Bankruptcy Court), the Collateral Administrative Agent may, in its sole discretion or at the direction of Secured Parties holding at least one-third in principal amount of the Notes outstandingdiscretion, in its name as Collateral Agent for (on behalf of the benefit of itself Administrative Agent, the Issuing Bank and the other Secured Parties, Lenders) or in the name of the Grantor any Credit Party or otherwise, demand, xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to dodo so, or the Collateral Administrative Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the Grantorof, any Credit Party. The Collateral Administrative Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If Upon the Grantor occurrence and during the continuance of an Event of Default, if any Credit Party fails to make any payment or to take any action required hereunder with respect hereunder, the Administrative Agent may, subject to the CollateralOrders, the Collateral Agent may make such payments and take all such actions as the Collateral Administrative Agent reasonably deems necessary to protect the Administrative Agent’s (on behalf of the Administrative Agent, the Issuing Bank and the Lenders) security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Administrative Agent is hereby authorized (without limiting the general nature of the authority hereinabove conferred) ), subject to the Orders, to pay, purchase, contest or compromise any Liens which that in the judgment of the Collateral Administrative Agent appear to be equal to, prior to or superior to the security interests of the Collateral Administrative Agent or (on behalf of the other Secured Parties Administrative Agent, the Issuing Bank and the Lenders) in the CollateralCollateral (other than Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent may, in its sole discretion or at the direction of Secured Parties holding at least one-third in principal amount of the Notes outstandingdiscretion, in its name as Collateral Agent for (on behalf of the benefit of itself and the other Secured Parties, ) or in the name of the Grantor any Credit Party or otherwise, demand, xxx sue for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to do, or the Collateral Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the Grantorof, any Credit Party. The Collateral Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If the Grantor any Credit Party fails to make any payment or to take any action required hereunder with respect to the Collateralhereunder, the Collateral Agent may make such payments and take all such actions as the Collateral Agent reasonably deems necessary to protect the Collateral Agent's (on behalf of the Secured Parties) security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) to pay, purchase, contest or compromise any Liens which that in the judgment of the Collateral Agent appear to be equal to, prior to or superior to the security interests of the Collateral Agent (on behalf of the Secured Parties) in the Collateral and any Liens not expressly permitted by this Agreement or the other Secured Parties in the CollateralNote Agreement.

Appears in 1 contract

Samples: Security and Pledge Agreement (Guilford Mills Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent Agent, acting at the direction of the Required Lenders, may, in its sole discretion or at the direction of Secured Parties holding at least one-third in principal amount name (on behalf of the Notes outstanding, in its name as Collateral Agent for the benefit of itself and the other Secured Parties, ) or in the name of the Grantor Borrower or otherwise, demand, xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for, or make any commercially reasonable compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to dodo so, or the Collateral Agent Agent, acting at the direction of the Required Lenders, may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the GrantorBorrower. The Collateral Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If the Grantor Borrower fails to make any payment or to take any action required hereunder with respect to the Collateralhereunder, the Collateral Agent Agent, acting at the direction of the Required Lenders, may make such payments and take all such actions as the Collateral Agent reasonably deems necessary to protect the Collateral Agent’s (on behalf of the Secured Parties) security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Agent is hereby authorized (without limiting authorized, acting at the general nature direction of the authority hereinabove conferred) Required Lenders, to pay, purchase, contest or compromise any Liens which in the judgment of the Collateral Agent that appear to be equal to, prior to or superior to the security interests of the Collateral Agent or (on behalf of the other Secured Parties Parties) in the CollateralCollateral (other than Permitted Encumbrances) and any Liens not expressly permitted by this Credit Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (First Look Studios Inc)

Collections, etc. Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent may, in its sole discretion discretion, except as prohibited or at restricted by Applicable Law in the direction case of Secured Parties holding at least one-third in principal amount of the Notes outstandingGovernment Receivables, in its name as Collateral Agent for (on behalf of the benefit of itself and the other Secured Parties, ) or in the name of the Grantor any Credit Party or otherwise, demand, xxx sue for, collect or receive any money or property at any time payable or payablx xr receivable on account of or in exchange for, or make any compromise or settlement deemed desirable with respect to to, any of the Collateral, but shall be under no obligation so to do, or the Collateral Agent may extend the time of payment, arrange for payment in installments, or otherwise modify the terms of, or release release, any of the Collateral, without thereby incurring responsibility to, or discharging or otherwise affecting any liability of the Grantorof, any Credit Party. The Collateral Agent will not be required to take any steps to preserve any rights against prior parties with rights in or to the Collateral. If the Grantor any Credit Party fails to make any payment or to take any action required hereunder with respect to the Collateralhereunder, the Collateral Agent may may, except to the extent prohibited by Applicable Law with respect to Government Receivables, make such payments and take all such actions as the Collateral Agent reasonably deems necessary to protect the Collateral Agent's (on behalf of the Secured Parties) security interests of the Collateral Agent and the other Secured Parties in the Collateral and/or the value thereof, and the Collateral Agent is hereby authorized (without limiting the general nature of the authority hereinabove herein above conferred) ), except to the extent prohibited by Applicable Law with respect to Government Receivables, to pay, purchase, contest or compromise any Liens which that in the judgment of the Collateral Agent appear to be equal to, prior to or superior to the security interests of the Collateral Agent or (on behalf of the other Secured Parties Parties) in the Collateral.Collateral and any Liens not expressly permitted by this Credit Agreement. 107

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (Genesis Health Ventures Inc /Pa)

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