Common use of Dealings by Third Parties Clause in Contracts

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors by the Obligor, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the Obligor, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 4 contracts

Samples: Credit Agreement (General Cable Corp /De/), Credit Agreement (General Cable Corp /De/), Security Agreement (Avery Berkel Holdings LTD)

AutoNDA by SimpleDocs

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be is required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors by the Obligor, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall will hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the Obligor, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 3 contracts

Samples: Credit Agreement (Bway Parent Company, Inc.), Security Agreement (BWAY Holding CO), Security Agreement (Bway Corp)

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be is required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors by the any Obligor, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall will hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the any Obligor, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the such Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 2 contracts

Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)

Dealings by Third Parties. (1a) No Person dealing with the Collateral Agent, any of the Secured Creditors Parties or an agent or receiver shall be thereof is required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or any of the Secured Creditors Parties by the ObligorCompany, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale sale, lease or lease other disposition is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent Agent, any Secured Parties or any Secured Creditor other Person with the Collateral, or (vi) how any money paid to the Collateral Agent Agent, any Secured Party or the Secured Creditors agent or receiver has been applied. (2b) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent the Lenders shall hold the Collateral absolutely, free from any claim or right of whatever kindany kind whatever, including any equity of redemption, of the Obligor, which it specifically Company. The Company waives (to the fullest extent permitted by law) as against any such purchaser together with purchaser, all rights of redemption, stay or appraisal which the Obligor Company has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Warnaco Group Inc /De/), Securities Pledge Agreement (Warnaco Group Inc /De/)

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be is required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors by any of the ObligorObligors, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall will hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the applicable Obligor, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the such Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 2 contracts

Samples: Security Agreement (Johnstone Tank Trucking Ltd.), Security Agreement (Johnstone Tank Trucking Ltd.)

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors by the Obligor, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is shall be made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent the Secured Creditors shall hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the Obligor, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Avery Berkel Holdings LTD), Securities Pledge Agreement (Avery Berkel Holdings LTD)

Dealings by Third Parties. (1a) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be is required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors by the Obligorany Grantor, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2b) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall will hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the Obligorany Grantor, which it each Grantor specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the Obligor each Grantor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 1 contract

Samples: Canadian Guarantee and Collateral Agreement (API Technologies Corp.)

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors by the Obligor, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2) Any bona fide BONA FIDE purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the Obligor, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 1 contract

Samples: Canadian Security Agreement (Williams Scotsman of Canada Inc)

AutoNDA by SimpleDocs

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors Parties or an agent or receiver shall be is required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors Parties by the ObligorObligors, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor Party with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has Parties have been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall will hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of any of the ObligorObligors, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the such Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 1 contract

Samples: Credit Agreement (Novelis South America Holdings LLC)

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be a Receiver is required to determine determine: (i) whether the Security Interest Charge has become enforceable, ; (ii) whether the powers which such Person is purporting to exercise have become exercisable, ; (iii) whether any money remains due to the Collateral Agent or the Secured Creditors by the any Obligor, ; (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is shall be made, ; (v) the propriety or regularity of any sale or any other dealing by the Collateral Agent or any Secured Creditor with the Collateral, Charged Property; or (vi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2) Any bona fide purchaser of all or any part of the Collateral Charged Property from the Collateral Agent or any receiver Receiver or agent shall will hold the Collateral Charged Property absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the any Obligor, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with and all rights of redemption, stay or appraisal which the any Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 1 contract

Samples: Demand Debenture (Johnstone Tank Trucking Ltd.)

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the other Secured Creditors Parties or an agent or receiver shall be is required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the other Secured Creditors Parties by the Obligorany Grantor, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any other Secured Creditor Party with the Collateral, or (vi) how any money paid to the Collateral Agent or the other Secured Creditors Parties has been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall will hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the Obligor, which it any Grantor. Each Grantor specifically waives (to the fullest extent permitted by law) as against any such purchaser together with purchaser, all rights of redemption, stay or appraisal which the Obligor such Grantor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 1 contract

Samples: Abl Credit Agreement (Affinia Group Holdings Inc.)

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors or an agent or receiver shall be is required to determine (ixvi) whether the Security Interest has become enforceable, (iixvii) whether the powers which such Person is purporting to exercise have become exercisable, (iiixviii) whether any money remains due to the Collateral Agent or the Secured Creditors by the Obligor, (ivxix) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (vxx) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor with the Collateral, or (vixxi) how any money paid to the Collateral Agent or the Secured Creditors has been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall will hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of the Obligor, which it specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 1 contract

Samples: Note Purchase Agreement (Bellatrix Exploration Ltd.)

Dealings by Third Parties. (1) No Person dealing with the Collateral Agent, any of the Secured Creditors Parties or an agent or receiver shall be is required to determine (i) whether the Security Interest has become enforceable, (ii) whether the powers which such Person is purporting to exercise have become exercisable, (iii) whether any money remains due to the Collateral Agent or the Secured Creditors Parties by the ObligorObligors, (iv) the necessity or expediency of the stipulations and conditions subject to which any sale or lease is made, (v) the propriety or regularity of any sale or other dealing by the Collateral Agent or any Secured Creditor Party with the Collateral, or (vi) how any money paid to the Collateral Agent or the Secured Creditors has Parties have been applied. (2) Any bona fide purchaser of all or any part of the Collateral from the Collateral Agent or any receiver or agent shall will hold the Collateral absolutely, free from any claim or right of whatever kind, including any equity of redemption, of any of the ObligorObligors, which it each such Obligor specifically waives (to the fullest extent permitted by law) as against any such purchaser together with all rights of redemption, stay or appraisal which the such Obligor has or may have under any rule of law or statute now existing or hereafter adopted.

Appears in 1 contract

Samples: Credit Agreement (Novelis Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!