Common use of Duties in Case of Enforcement Clause in Contracts

Duties in Case of Enforcement. In the case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent shall, at the request, or may, upon the consent, of the Majority Lenders, and provided that the Lenders have given to the Agent such additional indemnities and assurances against expenses and liabilities as the Agent may reasonably request, proceed to enforce the provisions of this Loan Agreement and the other Loan Documents and the exercise of any other legal or equitable rights or remedies as it may have hereunder or under any other Loan Document or otherwise by virtue of applicable law, or to refrain from so acting if similarly requested by the Majority Lenders. The Agent shall be fully protected in so acting or refraining from acting upon the instruction of the Majority Lenders, and such instruction shall be binding upon all the Lenders. The Majority Lenders may direct the Agent in writing as to the method and the extent of any such foreclosure, sale or other disposition or the exercise of any other right or remedy, the Lenders hereby agreeing to severally indemnify and hold the Agent harmless from all costs and liabilities incurred in respect of all actions taken or omitted in accordance with such direction, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s compliance with such direction may expose the Agent to liability or be contrary to the Loan Documents or applicable law. The Agent may, in its discretion but without obligation, in the absence of direction from the Majority Lenders, take such interim actions as it believes reasonably necessary to preserve the rights of the Lenders hereunder, including but not limited to petitioning a court for injunctive relief or appointment of a receiver. Each of the Lenders acknowledges and agrees that, except for any rights of set-off pursuant to and in accordance with §15.2 hereof, no individual Lender may separately enforce or exercise any of the provisions of any of the Loan Documents, including without limitation the Notes, other than through the Agent. The Agent shall advise the Lenders of all such action taken by the Agent.

Duties in Case of Enforcement. In the case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent shall, at the request, or may, upon the consent, of the Majority Lenders, and provided that the Lenders have given to the Agent such additional indemnities and assurances against expenses and liabilities as the Agent may reasonably request, proceed to enforce the provisions of this Loan Agreement and the other Loan Documents and the exercise of any other legal or equitable rights or remedies as it may have hereunder or under any other Loan Document or otherwise by virtue of applicable law, or to refrain from so acting if similarly requested by the Majority Lenders. The Agent shall be fully protected in so acting or refraining from acting upon the instruction of the Majority Lenders, and such instruction shall be binding upon all the Lenders. The Majority Lenders may direct the Agent in writing as to the method and the extent of any such foreclosure, sale or other disposition or the exercise of any other right or remedy, the Lenders hereby agreeing to severally indemnify and hold the Agent harmless from all costs and liabilities incurred in respect of all actions taken or omitted in accordance with such direction, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s compliance with such direction may expose the Agent to liability be unlawful or be contrary to the Loan Documents or commercially unreasonable in any applicable lawjurisdiction. The Agent may, in its discretion but without obligation, in the absence of direction from the Majority Lenders, take such interim actions as it believes reasonably necessary to preserve the rights of the Lenders hereunder, including but not limited to petitioning a court for injunctive relief or appointment of a receiver. Each of the Lenders acknowledges and agrees that, except for any rights of set-off pursuant to and in accordance with §15.2 hereof, that no individual Lender may separately enforce or exercise any of the provisions of any of the Loan Documents, including without limitation the Notes, other than through the Agent. The Agent shall advise the Lenders of all such action taken by the Agent.

Duties in Case of Enforcement. In the case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Credit Agent may, and shall, at the request, or may, upon the consent, request of the Majority Required Lenders, and provided that the Lenders have given to the Credit Agent such additional indemnities and assurances against expenses and liabilities as the Credit Agent may reasonably request, proceed to enforce the provisions of this Loan Agreement and the other Loan Documents respecting the foreclosure of mortgages, the sale or other disposition of all or any part of the Collateral and the exercise of any other legal or equitable rights or remedies as it may have hereunder or under any other Loan Document or otherwise by virtue of applicable law, or to refrain from so acting if similarly requested by the Majority Required Lenders. The Credit Agent shall be fully protected with respect to the Lenders in so acting or refraining from acting upon the instruction of the Majority Required Lenders, and such instruction shall be binding upon all the Lenders. The Majority Required Lenders may direct the Credit Agent in writing as to the method and the extent of any such foreclosure, sale or other disposition or the exercise of any other right or remedy, the Lenders hereby agreeing to severally indemnify and hold the Credit Agent harmless from all costs and liabilities incurred in respect of all actions taken or omitted in accordance with such direction, provided that the Credit Agent need not comply with any such direction to the extent that the Credit Agent reasonably believes the Credit Agent’s compliance with such direction may expose the Agent to liability be unlawful or be contrary to the Loan Documents or commercially unreasonable in any applicable lawjurisdiction. The Credit Agent may, in its discretion discretion, but without obligation, in the absence of direction from the Majority Required Lenders, take such interim actions as it believes reasonably necessary to preserve the rights of the Lenders hereunderhereunder and in and to any Collateral securing the Obligations, including including, but not limited to to, petitioning a court for injunctive relief or relief, appointment of a receiverreceiver or preservation of the proceeds of any Collateral. Each of the Lenders acknowledges and agrees that, except for any rights of set-off pursuant to and in accordance with §15.2 hereof, that no individual Lender may may, except as expressly provided in this Agreement, separately enforce or exercise any of the provisions of any of the Loan Documents, including including, without limitation limitation, the Notes, other than through the Agent. The Agent shall advise the Lenders of all such action taken by the Credit Agent.

Duties in Case of Enforcement. (a) In the case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Agent shall, at the request, or may, upon the consent, of the Majority Lenders, and provided that the Lenders have given to the Agent such additional indemnities and assurances against expenses and liabilities as the Agent may reasonably request, proceed to enforce the provisions of this Loan Agreement and Agreement, the other Loan Documents respecting the foreclosure of Security Deeds, the sale or other disposition of all or any part of the Collateral and the exercise of any other legal or equitable rights or remedies as it may have hereunder or under any other Loan Document or otherwise by virtue of applicable law, or to refrain from so acting if similarly requested by the Majority Lenders. The Agent shall be fully protected in so acting or refraining from acting upon the instruction of the Majority Lenders, and such instruction shall be binding upon all the Lenders. The Majority Lenders may direct the Agent in writing as to the method and the extent of any such foreclosure, sale or other disposition or the exercise of any other right or remedy, the Lenders hereby agreeing to severally indemnify and hold the Agent harmless from all costs and liabilities incurred in respect of all actions taken or omitted in accordance with such direction, provided that the Agent need not comply with any such direction to the extent that the Agent reasonably believes the Agent’s compliance with such direction may expose the Agent to liability be unlawful or be contrary to the Loan Documents or commercially unreasonable in any applicable lawjurisdiction. The Agent may, in its discretion but without obligation, in the absence of direction from the Majority Lenders, take such interim actions as it believes reasonably necessary to preserve the rights of the Lenders hereunderhereunder and in and to any Collateral securing the Obligations, including but not limited to petitioning a court for injunctive relief or relief, appointment of a receiverreceiver or preservation of the proceeds of any Collateral. Each of the Lenders acknowledges and agrees that, except for any rights of set-off pursuant to and in accordance with §15.2 hereof, that no individual Lender may separately enforce or exercise any of the provisions of any of the Loan Documents, including without limitation the Notes, other than through the Agent. The Agent shall advise the Lenders of all such action taken by the Agent. (b) If title to any or all of the Collateral is acquired on behalf of the Lenders in foreclosure, by deed in lieu of foreclosure, or otherwise, title shall be taken in the name of a nominee as the Agent and the Majority Lenders may mutually agree, provided that approval of such entity shall not be unreasonably withheld. The entity holding title shall acknowledge in writing that such title is being held on behalf of the Lenders in proportion to their Commitment Percentage from time to time and will hold such title consistent with this Agreement and any workout plan approved in accordance with this Agreement. Upon taking title to the Collateral, the Agent shall, either itself or through an agent selected by Agent (which agent may be a subsidiary or Affiliate of Agent), manage, conserve, protect and operate the Collateral in accordance with any approved workout plan until otherwise directed by the Majority Lenders. Agent shall submit a proposed workout plan to the Lenders for approval within sixty (60) Business Days after taking title to the Collateral. Each workout plan shall require the approval of the Majority Lenders. Upon such approval, the Agent shall implement the workout plan. If the Majority Lenders do not approve a proposed workout plan within thirty (30) Business Days after submittal, Agent may implement the proposed workout plan or take such other actions to protect the Collateral as it may deem reasonably necessary or appropriate to preserve the value thereof. All proceeds collected from the Collateral shall be used first to pay all expenses incurred in connection with the Collateral and then shall be distributed to the Lenders in accordance with the terms hereof. To the extent not authorized in such approved workout plan, any material decision regarding the operation, maintenance, sale or other disposition of any Collateral after taking title to the Collateral (including any action to bring such Collateral into compliance with applicable Environmental Laws) shall be subject to approval of the Majority Lenders; provided, however, that pending such approval, Agent may take any action it determines reasonably necessary to preserve or maintain any such Collateral.

Duties in Case of Enforcement. In the case one or more Events of Default have occurred and shall be continuing, and whether or not acceleration of the Obligations shall have occurred, the Credit Agent may, and shall, at the request, or may, upon the consent, request of the Majority Required Lenders, and provided that the Lenders have given to the Credit Agent such additional indemnities and assurances against expenses and liabilities as the Credit Agent may reasonably request, proceed to enforce the provisions of this Loan Agreement and the other Loan Facility Documents respecting the Collateral, the sale or other disposition of all or any part of the Collateral and the exercise of any other legal or equitable rights or remedies as it may have hereunder or under any other Loan Facility Document or otherwise by virtue of applicable law, or to refrain from so acting if similarly requested by the Majority Required Lenders. The Credit Agent shall be fully protected in so acting or refraining from acting upon the instruction of the Majority Required Lenders, and such instruction shall be binding upon all the Lenders. The Majority Required Lenders may direct the Credit Agent in writing as to the method and the extent of any such foreclosure, sale or other disposition or the exercise of any other right or remedy, the Lenders hereby agreeing to severally indemnify and hold the Credit Agent harmless from all costs and liabilities incurred in respect of all actions taken or omitted in accordance with such direction, provided that the Credit Agent need not comply with any such direction to the extent that the Credit Agent reasonably believes the Credit Agent’s compliance with such direction may expose the Agent to liability be unlawful or be contrary to the Loan Documents or commercially unreasonable in any applicable lawjurisdiction. The Credit Agent may, in its discretion discretion, but without obligation, in the absence of direction from the Majority Required Lenders, take such interim actions as it believes reasonably necessary to preserve the rights of the Lenders hereunderhereunder and in and to any Collateral securing the Obligations, including including, but not limited to to, petitioning a court for injunctive relief or relief, appointment of a receiverreceiver or preservation of the proceeds of any Collateral. Each of the Lenders acknowledges and agrees that, except for any rights of set-off pursuant to and in accordance with §15.2 hereof, that no individual Lender may separately enforce or exercise any of the provisions of any of the Loan Facility Documents, including including, without limitation limitation, the NotesNote, other than through the Agent. The Agent shall advise the Lenders of all such action taken by the Credit Agent.