Common use of Compromises and Collection of Collateral Clause in Contracts

Compromises and Collection of Collateral. Each Grantor and the Collateral Trustee recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such Grantor, that certain of such Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such disputed Receivables may exceed the amount that reasonably may be expected to be recovered with respect to such Receivables. In view of the foregoing, each Grantor agrees that the Collateral Trustee may at any time and from time to time, when a Notice of Acceleration is in effect and subject to the provisions of the Intercreditor Agreement, compromise with the obligor on any such Receivable, accept any amount in full payment of any such Receivable or abandon any such Receivable, and any such action by the Collateral Trustee shall be commercially reasonable so long as the Collateral Trustee acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Trustee Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such GrantorReceivables, that certain of such the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such a disputed Receivables Receivable may exceed the amount that reasonably may be expected to be recovered with respect to such Receivablesa Receivable. In view of the foregoing, each Grantor agrees that the Notes Collateral Trustee Agent may (but shall not be obligated to) at any time and from time to time, when a Notice if an Event of Acceleration Default has occurred and is in effect and subject to the provisions of the Intercreditor Agreementcontinuing, compromise with the obligor on any such Receivable, or accept any amount in full payment of any Receivable such Receivable or abandon any such Receivableamount as the Notes Collateral Agent in its sole discretion shall determine, and any such action by the Notes Collateral Trustee Agent shall be commercially reasonable so long as the Notes Collateral Trustee Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Trustee Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such GrantorReceivables, that certain of such the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such a disputed Receivables Receivable may exceed the amount that reasonably may be expected to be recovered with respect to such Receivablesany Receivable. In view of the foregoing, each Grantor agrees that the Notes Collateral Trustee Agent may at any time and from time to time, when a Notice if an Event of Acceleration Default has occurred and is in effect continuing and subject upon three Business Days’ notice to the provisions of the Intercreditor Agreementrelevant Grantor, compromise with the obligor on any such Receivable, accept any amount in full payment of any Receivable such Receivable amount as the Notes Collateral Agent in its sole and reasonable discretion shall determine or abandon any such Receivable, and any such action by the Notes Collateral Trustee Agent shall be commercially reasonable so long as the Notes Collateral Trustee Agent acts reasonably in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor The Grantors and the Collateral Trustee Agent recognize that setoffs, counterclaims, defenses defences and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such GrantorReceivables, that certain of such the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such a disputed Receivables Receivable may exceed the amount that reasonably may be expected to be recovered with respect to such Receivablesa Receivable. In view of the foregoing, each Grantor agrees that that, subject to the terms of the Intercreditor Agreement, the Collateral Trustee Agent and any Receiver may at any time and from time to time, when a Notice if an Event of Acceleration Default has occurred and is in effect and subject to the provisions of the Intercreditor Agreementcontinuing, compromise with the obligor on any such Receivable, accept any amount in full payment of any Receivable such Receivable amount as the Collateral Agent or Receiver in its reasonable discretion shall determine or abandon any such Receivable, and any such action by the Collateral Trustee Agent or Receiver shall be commercially reasonable so long as the Collateral Trustee Agent or Receiver acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor The Grantors and the Collateral Trustee Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such GrantorReceivables, that certain of such the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such a disputed Receivables Receivable may exceed the amount that reasonably may be expected to be recovered with respect to such Receivablesa Receivable. In view of the foregoing, each Grantor agrees the Grantors agree that the Collateral Trustee Agent may at any time and from time to time, when a Notice of Acceleration is in effect and subject to the provisions terms of the Intercreditor Agreement, if an Event of Default has occurred and is continuing, compromise with the obligor on any such Receivable, accept any amount in full payment of any Receivable such Receivable amount as the Collateral Agent in its sole discretion shall determine or abandon any such Receivable, and any such action by the Collateral Trustee Agent shall be commercially reasonable so long as the Collateral Trustee Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Collateral Trustee Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such Grantor, that certain of such Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such disputed Receivables may exceed the amount that reasonably may be expected to be recovered with respect to such Receivables. In view of the foregoing, each Grantor agrees agrees, subject to the Intercreditor Agreement, that the Collateral Trustee Agent may at any time and from time to time, when a Notice if an Event of Acceleration Default has occurred and is in effect and subject to the provisions of the Intercreditor Agreementcontinuing, compromise with the obligor on any such Receivable, accept any amount in full payment of any such Receivable such amount as the Collateral Agent in its sole discretion shall determine or abandon any such Receivable, and any such action by the Collateral Trustee Agent shall be commercially reasonable so long as the Collateral Trustee Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Collateral Trustee Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such GrantorCollateral, that certain of such Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such a disputed Receivables Receivable may exceed the amount that reasonably may be expected to be recovered with respect to such ReceivablesReceivable. In view of the foregoing, each Grantor agrees that the Collateral Trustee Agent may at any time and from time to time, when a Notice if an Event of Acceleration Default has occurred and is in effect and subject to the provisions of the Intercreditor Agreementcontinuing, compromise with the obligor on any such ReceivableReceivable included in the Collateral, accept any amount in full payment of any such Receivable such amount as the Collateral Agent in its sole discretion shall determine or abandon any such Receivable, and any such action by the Collateral Trustee Agent shall be commercially reasonable so long as the Collateral Trustee Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Collateral Trustee recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such GrantorReceivables, that certain of such the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such a disputed Receivables Receivable may exceed the amount that reasonably may be expected to be recovered with respect to such Receivablesa Receivable. In view of the foregoing, each Grantor agrees that the Collateral Trustee may at any time and from time to time, when a Notice if an Event of Acceleration Default has occurred and is in effect and subject to the provisions of the Intercreditor Agreementcontinuing, compromise with the obligor on any such ReceivableReceivable to the extent it constitutes Collateral, accept any amount in full payment of any Receivable to the extent it constitutes Collateral such Receivable amount as the Collateral Trustee in its sole discretion shall determine or abandon any such Receivable, and any such action by the Collateral Trustee shall be commercially reasonable so long as the Collateral Trustee acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Collateral Trustee Agent (on behalf of itself and the other Secured Parties) recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables that are included in the Collateral and owned by such GrantorReceivables, that certain of such the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating such a disputed Receivables Receivable may exceed the amount that reasonably may be expected to be recovered with respect to such Receivablesa Receivable. In view of the foregoing, each Grantor agrees that the Collateral Trustee Agent may at any time and from time to time, when a Notice if an Event of Acceleration Default has occurred and is in effect continuing and subject to the provisions of the Intercreditor Agreement, compromise with the obligor on any such Receivable, accept any amount in full payment of any Receivable such Receivable amount as the Collateral Agent in its sole discretion shall determine or abandon any such Receivable, and any such action by the Collateral Trustee Agent shall be commercially reasonable so long as the Collateral Trustee Agent acts in good faith based on information known to it at the time it takes any such action.