Common use of Compromises and Collection of Collateral Clause in Contracts

Compromises and Collection of Collateral. The Issuer and the Collateral Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Accounts, that certain of the Accounts may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Account may exceed the amount that reasonably may be expected to be recovered with respect to an Account. In view of the foregoing, the Issuer agrees that the Collateral Agent may at any time and from time to time if an Event of Default has occurred and is continuing, compromise with the obligor on any Account, accept in full payment of any Account such amount as the Collateral Agent in its sole discretion shall determine or abandon any Account, and any such action by the Collateral Agent shall be commercially reasonable so long as the Collateral Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. The Issuer Grantors and the Note Collateral Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Accounts, that certain of the Accounts may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Account may exceed the amount that reasonably may be expected to be recovered with respect to an a Account. In view of the foregoing, the Issuer each Grantor agrees that the Note Collateral Agent may at any time and from time to time time, if an Event of Default has occurred and is continuing, compromise with the obligor on any Account, accept in full payment of any Account such amount as the Note Collateral Agent in its sole discretion shall determine or abandon any Account, and any such action by the Note Collateral Agent shall be commercially reasonable so long as the Note Collateral Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. The Issuer AMI and the Collateral Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the AccountsReceivables, that certain of the Accounts Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Account Receivable may exceed the amount that reasonably may be expected to be recovered with respect to an Accounta Receivable. In view of the foregoing, the Issuer AMI agrees that the Collateral Agent may at any time and from time to time time, if an Event of a Default has occurred and is continuing, compromise with the obligor on any AccountReceivable, accept in full payment of any Account Receivable such amount as the Collateral Agent in its sole discretion shall determine or abandon any AccountReceivable, and any such action by the Collateral Agent shall be commercially reasonable so long as the Collateral Agent acts in good faith based on information known to it at the time it takes any such action.

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

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

Compromises and Collection of Collateral. The Issuer Debtor and the Collateral Agent Bank recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the AccountsReceivables, that certain of the Accounts Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Account Receivable may exceed the amount that reasonably may be expected to be recovered with respect to an Accounta Receivable. In view of the foregoing, the Issuer Debtor agrees that the Collateral Agent Bank may at any time and from time to time time, if an Event of a Default has occurred and is continuing, compromise with the obligor on any AccountReceivable, accept in full payment of any Account Receivable such amount as the Collateral Agent Bank in its sole discretion shall determine or abandon any AccountReceivable, and any such action by the Collateral Agent Bank shall be commercially reasonable so long as the Collateral Agent Bank acts in good faith based on information known to it at the time it takes any such action.

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

Compromises and Collection of Collateral. The Issuer Borrower and the Collateral Agent Lender recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the AccountsReceivables, that certain of the Accounts Receivables may be or become uncollectible uncollectable in whole or in part and that the expense and probability of success in litigating a disputed Account Receivable may exceed the amount that reasonably may be expected to be recovered with respect to an Accounta Receivable. In view of the foregoing, the Issuer Borrower agrees that the Collateral Agent Lender may at any time and from time to time time, if an Event of a Default has occurred and is continuing, compromise with the obligor on any AccountReceivable, accept in full payment of any Account Receivable such amount as the Collateral Agent Lender in its sole discretion shall determine or abandon any AccountReceivable, and any such action by the Collateral Agent Lender shall be commercially reasonable so long as the Collateral Agent Lender acts in good faith based on information known to it at the time it takes any such action.