Common use of Enforcement of Rights and Remedies by the Borrower Clause in Contracts

Enforcement of Rights and Remedies by the Borrower. The Borrower agrees that it shall upon the request of the Agent (and at the Borrower's own expense) diligently enforce the rights and remedies under the Custodial Agreement and at law or equity against the Custodian for the breach by the Custodian of any term, covenant or agreement thereunder relating to or affecting any Assigned Collateral. In enforcing such rights and remedies the Borrower shall exercise the same degree and care that it would exercise if this Agreement had not been entered into; provided, that the Borrower shall not, in enforcing such rights and remedies, settle any claim without the prior written consent of the Agent (which consent shall not be unreasonably withheld).

Enforcement of Rights and Remedies by the Borrower. The Borrower agrees that it shall upon the request of the Agent (and at the Borrower's ’s own expense) diligently enforce the rights and remedies under the Custodial Agreement and at law or equity against the Custodian for the breach by the Custodian of any term, covenant or agreement thereunder relating to or affecting any Secured Party or any Assigned Collateral. In enforcing such rights and remedies the Borrower shall exercise the same degree and of care that it would exercise if this Agreement had not been entered into; provided, that the Borrower shall not, in enforcing such rights and remedies, settle any claim without the prior written consent of the Agent (which consent shall not be unreasonably withheld).

Enforcement of Rights and Remedies by the Borrower. The Borrower agrees that it shall (i) upon the request of the Agent (and at the Borrower's own expense) diligently enforce the rights and remedies under the Custodial Agreement and at law or equity against the Custodian for the breach by the Custodian of any term, covenant or agreement thereunder relating to or affecting any Assigned Collateral, and (ii) diligently enforce its rights and remedies under the Loan Documents relating to each Loan Asset and at law or equity. In enforcing such rights and remedies the Borrower shall exercise the same degree and of care that it would exercise if this Agreement had not been entered into; providedPROVIDED, that the Borrower shall not, in enforcing such rights and remedies, settle any claim without the prior written consent of the Agent (which consent shall not be unreasonably withheld).