Common use of Enforcement and Collection Clause in Contracts

Enforcement and Collection. 8.1 The Security Agent is entitled to collect the Claims if (i) an Event of Default has occurred, (ii) the Facility Agent has delivered a notice under Clause 20.20 of the Credit Agreement declaring an Event of Default and declaring that all or part of any amounts outstanding under the Finance Documents are due and payable and (iii) the Event of Default has not been remedied within 5 (five) Business Days following the receipt of such notice. The Security Agent will take such measures only to the extent necessary for the satisfaction of the outstanding Secured Claims and shall at all times take into consideration the legitimate interest of the Assignor in exercising its rights and carrying out its duties under this Agreement. The Security Agent will notify the Assignor of its intention to realise the Claims by giving 5 (five) Business Days prior written notice to the Assignor. Such notice period is not necessary if the Assignor has generally ceased to make payments or the commencement of insolvency proceedings is filed against the Assignor. 8.2 To the extent the Security Agent is entitled to collect the Claims, he may request that all documents relating to the Claims be handed over to the Security Agent and the Assignor hereby agrees to comply promptly with any such request. The Security Agent may request the Assignor to collect the Claims for and on behalf of the Security Agent and the Assignor shall promptly comply with such request. 8.3 The Security Agent may realise any and all of the claims to the extent necessary to satisfy any outstanding Secured Claims by collecting all or part of the Claims. 8.4 The proceeds resulting from the enforcement of this Agreement shall be applied by the Security Agent towards payment of the Secured Claims in accordance with the provisions of the Priority Agreement. 8.5 If and to the extent the Security Agent collects any Claims pursuant to Clause 8.1 (Enforcement and Collection) hereof, it may take all measures and enter into all agreements with such Debtors which it considers to be expedient. In particular, the Security Agent may grant discounts or indulgence to Debtors and/or enter into settlement agreements. 8.6 The Security Agent may determine which part of the Security, if applicable, shall be used to satisfy the Secured Claims.

Enforcement and Collection. 8.1 The Security Agent (a) If a Payment Default occurs and is entitled continuing, the Assignee is entitled, without regard to collect the Claims if procedures and formalities provided for in the Swiss Federal Act Debt Collection and Bankruptcy of 1889, as amended: (i) an Event of Default has occurred, (ii) the Facility Agent has delivered a notice under Clause 20.20 to immediately realise any and all of the Credit Agreement declaring an Event of Default and declaring that Claims to the extent necessary to satisfy any outstanding Secured Obligations by collecting all or part of any amounts outstanding under the Finance Documents are due and payable and Claims; (ii) to revoke, with immediate effect, the Assignor's authorisation to dispose of the Account Balances vis-a-vis the Banks; and (iii) to realize, at its discretion, all or part of the Event Account Balances (including, for the avoidance of Default has not been remedied within 5 (five) Business Days following the receipt doubt, any new payments of such notice. The Security Agent will take such measures only Trade Receivables made to the extent necessary for the satisfaction of the outstanding Secured Claims and shall at all times take into consideration the legitimate interest of the Assignor in exercising its rights and carrying out its duties under this Agreement. The Security Agent will notify the Assignor of its intention to realise the Claims by giving 5 (five) Business Days prior written notice Bank Accounts subsequent to the Assignor. Such notice period is not necessary if the Assignor has generally ceased to make payments or the commencement of insolvency proceedings is filed against the Assignorrevocation mentioned above). 8.2 (b) To the extent the Security Agent Assignee is entitled to collect the Claims, he it may request upon the written instructions of the Requisite Noteholders that all documents relating to the Claims be handed over to the Security Agent Assignee and the Assignor hereby agrees to comply promptly with any such request. The Security Agent may request If a Payment Default is not continuing, the Assignor Assignee's right to collect the Claims for shall cease and on behalf the Assignee shall pay over to the Assignor all moneys received in connection with such collection and retained by it during the continuance of the Security Agent and the Assignor shall promptly comply with Payment Default (such request. 8.3 The Security Agent may realise any and all EXECUTION VERSION payments being inclusive of the claims daily interest) save to the extent necessary to satisfy any outstanding Secured Claims by collecting all or part such moneys have been applied in payment of the Claims. 8.4 The proceeds resulting from the enforcement of this Agreement shall be applied by the Security Agent towards payment any of the Secured Claims in accordance with the provisions of the Priority AgreementObligations. 8.5 (c) If and to the extent the Security Agent Assignee collects any Claims pursuant to this Clause 8.1 8 (Enforcement and Collection) hereof, it may take all measures and enter into all agreements with such Debtors which it considers to be expedient. In particular, the Security Agent Assignee may grant discounts or indulgence to Debtors and/or enter into settlement agreements. 8.6 The Security Agent may determine which part of the Security, if applicable, shall be used to satisfy the Secured Claims.

Enforcement and Collection. 8.1 (a) The Security Agent Assignee is entitled to collect realise the Claims if (i) an Event immediately upon the occurrence of a Payment Default has occurred, (ii) the Facility Agent has delivered a notice under Clause 20.20 of the Credit Agreement declaring an Event of Default which is continuing and declaring that all or part of any amounts outstanding under the Finance Documents are due and payable and (iii) the Event of Default has not been remedied within 5 (five) Business Days following the receipt of such notice. The Security Agent will take such measures only if and to the extent necessary for the satisfaction of the outstanding Secured Claims and shall at all times take into consideration the legitimate interest of the Assignor in exercising its rights and carrying out its duties under this Agreement. The Security Agent will notify the Assignor of its intention to realise the Claims by giving 5 (five) Business Days prior written notice to the Assignor. Such notice period is not necessary if the Assignor has generally ceased to make payments or the commencement of insolvency proceedings is filed against the Assignornot satisfied a Secured Claim when due and payable. 8.2 To the extent the Security Agent is entitled to collect the Claims, he may request that all documents relating to the Claims be handed over to the Security Agent and the Assignor hereby agrees to comply promptly with any such request. (b) The Security Agent may request the Assignor to collect the Claims for and on behalf of the Security Agent and the Assignor shall promptly comply with such request. 8.3 The Security Agent Assignee may realise any and all of the claims Claims to the extent necessary to satisfy any outstanding Secured Claims by collecting all or part of the Claims. 8.4 The proceeds resulting from (c) To the enforcement extent the Assignee is entitled to collect the Claims, it may request that all documents relating to the Claims be handed over to the Assignee and the Assignor hereby agrees to comply promptly with any such request. If no Payment Default is continuing, the Assignee's right to collect the Claims shall cease and the Assignee shall pay over to the Assignor all moneys received in connection with such collection and retained by it during the continuance of this Agreement shall be the Payment Default (such payments being inclusive of daily interest) save to the extent any such moneys have been applied by the Security Agent towards in payment of any of the Secured Claims in accordance with the provisions of the Priority AgreementClaims. 8.5 (d) If and to the extent the Security Agent Assignee collects any Claims pursuant to this Clause 8.1 (Enforcement and Collection) 8 hereof, it may take all measures and enter into all agreements with such Debtors which it considers to be expedient. In particular, the Security Agent Assignee may grant discounts or indulgence to Debtors and/or enter into settlement agreements. 8.6 The Security Agent may determine which part (e) Any enforcement proceeds shall be applied in accordance with Clause 4.1 of the Security, if applicable, shall be used to satisfy the Secured ClaimsCollateral Agency Agreement.