Dealings with Collateral. Until the occurrence of an Event of Default (as hereinafter defined) the Debtor may sell its inventory and collect its accounts in the ordinary course of business; provided that all accounts so collected shall be held by the Debtor as agent and in trust for the Secured Party and paid to the Secured Party immediately upon its request. The Debtor agrees to deposit all proceeds from the disposition of inventory into its ordinary operating general business bank account. The Secured Party shall have the right at any time and from time to time to confirm the existence and state of Collateral in any manner Secured Party may consider appropriate and Debtor agrees to furnish all assistance and information and to perform all such acts as Secured Party may reasonably request in connection therewith and for such purpose to grant to Secured Party or its agents access during normal business hours to all places where Collateral may be located and to all premises occupied by Debtor.
Dealings with Collateral. Until the security interest hereby created becomes enforceable, the Debtor may sell its Inventory and collect its book debts in the ordinary course of its business; provided that after the security interest becomes enforceable, all book debts collected by the Debtor shall be immediately remitted to the Vendors. Until remitted, all book debts received by the Debtor shall be held by the Debtor as agent and in trust for the Vendors.
Dealings with Collateral. The Agent may seize, collect, realize, dispose of, enforce, release to third parties or otherwise deal with any Collateral in such manner, upon such terms and conditions and at such times as the Agent may see fit and without notice to the Debtor (except as otherwise required by any applicable law), and may charge on its own behalf and pay to others, sums for costs and expenses incurred (including, without limitation, legal fees on a solicitor-client basis, and Receivers', accounting and other professional fees) in or in connection with seizing, collecting, realizing, disposing, enforcing or otherwise dealing with the Collateral and the protection and enforcement of the rights and remedies of the Secured Parties hereunder. The Agent and the other Secured Parties may file such proofs of claim and other documents as may be necessary or advisable in order to prove their claims in any bankruptcy, proposal, winding-up or other proceedings relating to the Debtor.
Dealings with Collateral. Prior to the consummation of a Qualified IPO, the Company shall not, without the prior written consent of the Required Holders, locate any Collateral (as such term is defined in the General Security Agreement executed by the Company) in any province other than the Province of Ontario if, as a result, less than 95% (on a net book value basis) of all tangible assets comprising such Collateral, are situate in the Province of Ontario unless the Company has given the Collateral Agent at least 20 Business Days prior written notice and effected the registrations referred to in Section 17(n) in such province and in the case of Quebec, entered into additional security documents reasonably acceptable to the Collateral Agent.
Dealings with Collateral. The Borrower shall not, without the prior written consent of the Administrative Agent, locate any Collateral (as such term is defined in the Borrower's Security Documents) in any province other than the Province of Ontario if, as a result, less than 95% (on a net book value basis) of all tangible assets comprising such Collateral, are situate in the Province of Ontario.
Dealings with Collateral. 6.1 Until the occurrence of an Event of Default (hereinafter defined), the Debtor may sell or lease the Inventory and collect the Accounts in the ordinary course of its business.
Dealings with Collateral. 6.1 Subject to compliance with the Debtor’s covenants contained herein and 7 hereof, the Debtor may, until the occurrence of an Event of Default (hereinafter defined), possess, operate, collect, use and enjoy and deal with the Collateral in the ordinary course of the Debtor’s business in any manner not inconsistent with the provisions hereof.
Dealings with Collateral. (a) The Lender is not (i) liable or accountable for any failure to collect, realize or obtain payment in respect of the Collateral, (ii) bound to institute proceedings for the purpose of collecting, enforcing, realizing or obtaining payment of the Collateral or for the purpose of preserving any rights of any Persons in respect of the Collateral, or (iii) responsible for any loss occasioned by any sale or other dealing with the Collateral or by the retention of or failure to sell or otherwise deal with the Collateral.
(b) The Debtor acknowledges and agrees that it is commercially reasonable for the Lender to, and the Lender may, in its sole discretion (i) incur expenses to prepare the Collateral for disposition, (ii) exercise collection remedies directly or through the use of collection agencies, (iii) dispose of Collateral by way of public auction, public tender or private contract, with or without advertising and without any other formality, (iv) dispose of Collateral to the Lender or to a customer or client of the Lender, (v) contact other Persons, whether or not in the same business as the Debtor, for expressions of interest in acquiring all or any portion of the Collateral,
Dealings with Collateral. The Company shall, and shall cause NV Holdings to, only take action in respect of the Collateral in good faith and with due regard to the preservation of the value of the Collateral (including, without limitation, the sale, purchase and voting of the Collateral).
Dealings with Collateral. Notwithstanding anything else contained herein, and either before or after an Event of Default:
(a) whenever the Pledgor is indebted to the Lenders or the Agent, any Securities may without notice to the Pledgor be pledged or repledged as security for any of the Agent's or Lenders' indebtedness, whether for more or less than the amount owing by the Pledgor and either separately or together with other securities, and the Agent may without notice to the Pledgor loan such Securities either separately or together with other securities, and the Agent may without notice to the Pledgor use any securities held in the account for making delivery against a sale; and
(b) the Agent is not obligated to deliver the same Securities as those deposited with or received by the Agent for the Pledgor's account but that the Agent's obligation shall be discharged by delivering securities of an equivalent amount and of the same nature and kind.
