Enforcement by the Agent. If an Event of Default shall have occurred, but subject to Section 8.3 hereof:
Enforcement by the Agent. All rights of action under this Agreement and the other Loan Documents and all rights to any Collateral hereunder may be enforced by the Agent and any suit or proceeding instituted by the Agent in furtherance of such enforcement may be brought in its name as the Agent without the necessity of joining any Banks as plaintiffs or defendants, and the recovery of any judgment shall be for the benefit of the Banks, subject to the expenses of the Agent. Unless otherwise permitted by the Required Banks, no Bank (other than the Agent) shall attempt to enforce any rights of action under this Agreement and the other Loan Documents or the rights to any Collateral.
Enforcement by the Agent. If an Event of Default shall have occurred, but subject to Section 8.3 hereof:
(a) the Agent may (in accordance with the instructions of the Majority Creditors) proceed to enforce, and to instruct any other Person to enforce, the rights of the Transaction Parties by any action, suit, remedy or proceeding authorized or permitted by this Agreement or any of the other Facility Documents or by law or equity; and may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Transaction Parties proven in any bankruptcy, insolvency, winding-up or other judicial proceedings relating to the Borrower and the other Credit Parties; and
(b) no such remedy for the enforcement of the rights of the Transaction Parties shall be exclusive of or dependent on any other such remedy but any one or more of such remedies may from time to time be exercised independently or in combination.
Enforcement by the Agent. Notwithstanding anything herein to the contrary, if any Event of Default shall have occurred and be continuing, the Agent shall act in relation to the Collateral in accordance with the instructions of the Required Lenders under the Credit Agreement.
Enforcement by the Agent. Each Lender agrees that, except with the prior written consent of the Agent or as provided in Section 9.7, no Lender Party shall have any right individually to enforce any Loan Document or any provision thereof, or make demand thereunder, it being agreed that such rights and remedies may only be exercised by the Agent for the ratable benefit of the Lenders upon the terms of this Agreement.
Enforcement by the Agent. All rights of action under this Agreement and the other Loan Documents may be enforced by the Agent and any suit or proceeding instituted by the Agent in furtherance of such enforcement may be brought in its name as the Agent without the necessity of joining any Banks as plaintiffs or defendants, and the recovery of any judgment shall be for the benefit of the Banks, subject to the expenses of the Agent. Unless otherwise permitted by the Required Banks, no Bank (other than the Agent) shall attempt to enforce any rights of action under this Agreement and the other Loan Documents.
Enforcement by the Agent. The Agent shall not be obligated to take action in connection with any Enforcement except the Agent shall take action as specified in each Foreclosure Plan adopted in accordance with Subsection (C) hereof. The Agent shall not be required to take any action with respect to any of the Collateral that is not specified in a Foreclosure Plan, except as authorized in Sections VI(B)(1) and (2) hereof. Each Lender agrees that any Foreclosure Plan formulated by it shall be commercially reasonable and each Lender shall be solely responsible for the contents of any Foreclosure Plan formulated by it. The Agent shall execute each Foreclosure Plan in a manner consistent with any other then existing Foreclosure Plan, but each Lender hereby releases and holds the Agent and its partners, directors, officers, employees and agents harmless from any and all claims relating to the manner in which the Agent effectuates any Foreclosure Plan of such Lender (provided that the Agent shall act in a commercially reasonable manner), including, but not limited to, any claim that the proceeds of any Collateral were insufficient due to the action or inaction of the Agent under any one or more Foreclosure Plans then in effect, provided, that any such claim is not based upon and does not arise from the gross negligence or willful misconduct of the Agent (as finally determined in a non-appealable judgment by a court of competent jurisdiction). Nothing herein shall prevent any Lender from enforcing its Specific Security Interest.
Enforcement by the Agent. (a) Notwithstanding anything herein to the contrary, if any Event of Default under any 2010 Loan Document or any 2011 Loan Document shall have occurred and be continuing, the Agent shall act in relation to the Collateral in accordance with the instructions of the Required Lenders under the applicable Credit Agreement.
(b) The Agent may disregard any instructions from any other Person to exercise any right or remedy hereunder with respect to the Collateral and any instructions that are inconsistent with this Agreement.
(c) Subject to clause (e), the Required Lenders under each of the Credit Agreements may give or refrain from giving instructions to the Agent to exercise or refrain from exercising any right or remedy hereunder with respect to the Collateral as the Agent sees fit in accordance with the other provisions of this Agreement.
(d) The Agent shall inform each Lender on receiving any instructions under this Section 5.03 to exercise rights or remedies with respect to the Collateral.
(e) If the Agent receives inconsistent instructions from the Required Lenders under each of the Credit Agreements, the Agent shall act in relation to the Collateral in accordance with the instructions of the Majority Secured Parties.
Enforcement by the Agent. 53 9.9 Indemnification . . . . . . . . . . . . . . . . . . . . . 53 9.10
Enforcement by the Agent. The Agent may pursue any remedy by suit at law or in equity to enforce its rights hereunder or to enjoin any acts or things which may be in violation of the provisions of this Agreement.
