Common use of Enforcement Proceedings Clause in Contracts

Enforcement Proceedings. In the event of a default under any Purchased Receivable before a Servicer Event, the Servicer shall, at the Seller's expense, to the maximum extent permitted by Law, have the power and authority, on behalf of the Buyer as part of the Servicer's administrative and servicing obligations hereunder, to take any action in respect of any such Purchased Receivable as the Servicer may deem advisable; provided, however, that the Servicer or the Seller, as the case may be, shall take no enforcement action (judicial or otherwise) with respect to such Purchased Receivable, except in accordance with the Credit and Collection Policy or otherwise with the written consent of the Buyer. The Servicer or the Seller, as the case may be, will apply or will cause to be applied at all times before a Servicer Event the same standards and follow the same procedures with respect to deciding to commence, and in prosecuting, litigation on such Purchased Receivables as is applied and followed with respect to like accounts not owned by the Buyer. In no event shall the Servicer or the Seller, as the case may be, be entitled to make or authorize any Person to make the Buyer a party to any litigation without the Buyer's express prior written consent.

Enforcement Proceedings. In the event of a default under any Purchased Receivable before a Servicer Event, the Servicer shall, at the Seller's ’s expense, to the maximum extent permitted by Law, have the power and authority, on behalf of the Buyer Buyers, the Managing Agents and the Administrative Agent as part of the Servicer's ’s administrative and servicing obligations hereunder, to take any action in respect of any such Purchased Receivable as the Servicer may deem advisable; provided, however, that the Servicer or the Seller, as the case may be, shall take no enforcement action (judicial or otherwise) with respect to such Purchased Receivable, except in accordance with the Credit and Collection Policy or otherwise with the written consent of the BuyerAdministrative Agent. The Servicer or the Seller, as the case may be, will apply or will cause to be applied at all times before a Servicer Event the same standards and follow the same procedures with respect to deciding to commence, and in prosecuting, litigation on such Purchased Receivables as is applied and followed with respect to like accounts not owned by the a Buyer. In no event shall the Servicer or the Seller, as the case may be, be entitled to make or authorize any Person to make any Buyer, any Managing Agent or the Buyer Administrative Agent a party to any litigation without the Buyer's such party’s express prior written consent.

Enforcement Proceedings. In the event of a default under any Purchased Receivable before a Servicer an Amortization Event, the Servicer shall, at the Seller's its sole expense, to the maximum full extent permitted by Law, have the power and authority, on behalf of to the Buyer as part of the Servicer's administrative and servicing obligations hereunderBorrower, to take or cause to be taken any action in respect of any such Purchased Receivable as the Servicer may deem advisable; provided, however, that the Servicer or the Seller, as the case may be, shall not take no any enforcement action (judicial or otherwise) with respect to such Purchased ReceivableReceivable (other than a Receivable which has been deemed collected pursuant to Section 2.03 of the Receivable Sale Agreement or repurchased pursuant to Section 2.04 of the Receivable Sale Agreement), except in accordance with the Credit and Collection Policy or otherwise with the written consent of the BuyerAdministrative Agent. The Servicer or the Seller, as the case may be, will apply or will cause to be applied at all times before a Servicer Event the same standards and follow the same procedures with respect to deciding to commence, and in prosecuting, litigation on such Purchased Receivables Receivable as is applied and followed with respect as though such Receivables had not been sold to like accounts not owned by the BuyerBorrower hereunder. In no event shall the Servicer or the Seller, as the case may be, be entitled to make or authorize any Person to make the Buyer Borrower or any assignee of the Borrower a party to any litigation without the Buyer's express prior written consentconsent of the Borrower and the Administrative Agent.

Enforcement Proceedings. In the event of a default under any ----------------------- Purchased Receivable before a Servicer Event, the Servicer shall, at the Seller's expense, to the maximum extent permitted by Law, have the power and authority, on behalf of the Buyer as part of the Servicer's administrative and servicing obligations hereunder, to take any action in respect of any such Purchased Receivable as the Servicer may deem advisable; provided, however, that -------- ------- the Servicer or the Seller, as the case may be, shall take no enforcement action (judicial or otherwise) with respect to such Purchased Receivable, except in accordance with the Credit and Collection Policy or otherwise with the written consent of the Buyer. The Servicer or the Seller, as the case may be, will apply or will cause to be applied at all times before a Servicer Event the same standards and follow the same procedures with respect to deciding to commence, and in prosecuting, litigation on such Purchased Receivables as is applied and followed with respect to like accounts not owned by the Buyer. In no event shall the Servicer or the Seller, as the case may be, be entitled to make or authorize any Person to make the Buyer a party to any litigation without the Buyer's express prior written consent.

Enforcement Proceedings. In the event of a default under any Purchased Receivable before a Servicer Event, the Servicer shall, at the Seller's expense, to the maximum extent permitted by Law, have the power and authority, on behalf of the Buyer Buyers, the Managing Agents and the Administrative Agent as part of the Servicer's administrative and servicing obligations hereunder, to take any action in respect of any such Purchased Receivable as the Servicer may deem advisable; provided, however, that the Servicer or the Seller, as the case may be, shall take no enforcement action (judicial or otherwise) with respect to such Purchased Receivable, except in accordance with the Credit and Collection Policy or otherwise with the written consent of the BuyerAdministrative Agent. The Servicer or the Seller, as the case may be, will apply or will cause to be applied at all times before a Servicer Event the same standards and follow the same procedures with respect to deciding to commence, and in prosecuting, litigation on such Purchased Receivables as is applied and followed with respect to like accounts not owned by the a Buyer. In no event shall the Servicer or the Seller, as the case may be, be entitled to make or authorize any Person to make any Buyer, any Managing Agent or the Buyer Administrative Agent a party to any litigation without the Buyersuch party's express prior written consent.

Enforcement Proceedings. In the event of a default under any Purchased Receivable before a Servicer Event, the Servicer shall, at the Seller's expense, to the maximum extent permitted by Law, have the power and authority, on behalf of the Administrator, the Buyers and the Buyer Agents as part of the Servicer's administrative and servicing obligations hereunder, to take any action in respect of any such Purchased Receivable as the Servicer may deem advisable; provided, however, that the Servicer or the Seller, as the case may be, shall take no enforcement action (judicial or otherwise) with respect to such Purchased Receivable, except in accordance with the Credit and Collection Policy or otherwise with the written consent of the BuyerAdministrator. The Servicer or the Seller, as the case may be, will apply or will cause to be applied at all times before a Servicer Event the same standards and follow the same procedures with respect to deciding to commence, and in prosecuting, litigation on such Purchased Receivables as is applied and followed with respect to like accounts not owned by the a Buyer. In no event shall the Servicer or the Seller, as the case may be, be entitled to make or authorize any Person to make the Administrator, any Buyer or any Buyer Agent a party to any litigation without the Buyersuch party's express prior written consent.