Credit Bid Rights. (a) If, during the continuance of an Event of Default, the Collateral Agent forecloses any of its Liens upon any Collateral, whether by public sale or private sale or judicial foreclosure or otherwise, and if directed by the Directing Creditors to exercise its credit bid rights as provided in this Section 4.08, the Collateral Agent, acting for and on behalf of the holders of Finance Obligations, shall be entitled (to the fullest extent it may lawfully do so) to use and apply then due and payable Finance Obligations as a credit on account of the purchase price payable by the Collateral Agent for any Collateral sold to the Collateral Agent at the corresponding foreclosure sale for all purposes related to bidding and making settlement or payment of the purchase price at such foreclosure sale.
Appears in 3 contracts
Samples: Intercreditor and Collateral Agency Agreement, Intercreditor and Collateral Agency Agreement (Duane Reade), Intercreditor and Collateral Agency Agreement (Duane Reade Holdings Inc)
Credit Bid Rights. (a) If, during the continuance of an Event of Default, the Collateral Agent forecloses any of its Liens upon any Collateral, whether by public sale or private sale or judicial foreclosure or otherwise, and if directed by the Directing Creditors to exercise its credit bid rights as provided in this Section 4.084.07, the Collateral Agent, acting for and on behalf of the holders of Finance Obligations, shall be entitled (to the fullest extent it may lawfully do so) to use and apply then due and payable Finance Obligations as a credit on account of the purchase price payable by the Collateral Agent for any Collateral sold to the Collateral Agent at the corresponding foreclosure sale for all purposes related to bidding and making settlement or payment of the purchase price at such foreclosure sale.
Appears in 3 contracts
Samples: Intercreditor and Collateral Agency Agreement, Intercreditor and Collateral Agency Agreement (Apria Healthcare Group Inc), Intercreditor and Collateral Agency Agreement (Am-Pac Tire Dist. Inc.)
Credit Bid Rights. (a) If, during the continuance of an Event of Default, the Collateral Agent forecloses any of its Liens upon any Collateral, whether by public sale or private sale or judicial foreclosure or otherwise, and if directed by the Directing Creditors Noteholders to exercise its credit bid rights as provided in this Section 4.084.07, the Collateral Agent, acting for and on behalf of the holders of Finance Note Obligations, shall be entitled (to the fullest extent it may lawfully do so) to use and apply then due and payable Finance Note Obligations as a credit on account of the purchase price payable by the Collateral Agent for any Collateral sold to the Collateral Agent at the corresponding foreclosure sale for all purposes related to bidding and making settlement or payment of the purchase price at such foreclosure sale.
Appears in 1 contract
Samples: Collateral Agency Agreement (IMI of Arlington, Inc.)