Exchange of Collateral Sample Clauses

Exchange of Collateral. Subject to the terms of this Agreement and without affecting the rights of Landlord under this Agreement, HRT agrees and consents that any collateral for the Landlord Obligations, in whole or in part, may be exchanged, sold or surrendered by Landlord for other collateral as it may deem advisable, and that any balance or balances of funds with Landlord at any time outstanding to the credit of Emeritus may, from time to time, in whole or in part, be surrendered or released by Landlord as it may deem advisable, subject, however, to the terms of the Landlord Obligations, HRT’s subordinated security interest in the Landlord Collateral and the terms of this Agreement.
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Exchange of Collateral. At any time, the Seller may, at its option deposit with the Escrow Agent an equivalent value, based upon the Valuation Price on such date, of cash ("Escrowed Cash") in exchange for all remaining Escrowed Shares in the Escrow Account. Upon exercise of such option, references to the Escrowed Shares and reservations and distributions therefor shall thereafter be deemed to refer instead to equivalent amounts of the Escrowed Cash and reservations thereof.
Exchange of Collateral. 35 ARTICLE VIII
Exchange of Collateral. A Shareholder may, at his or her option at any time before Escrow Shares are delivered to Parent out of the Escrow Fund pursuant to a claim made under Section 7.8, deposit with the Escrow Agent an equivalent value, based upon the "fair market value" of such Escrow Shares as defined in Section 7.8, of cash, U.S. Treasury securities or triple-A rated state and local government general obligation bonds ("Escrow Cash") in exchange for all of the Escrow Shares held for such Shareholder in the Escrow Fund. In any such case, all references to the Escrow Shares and distributions thereof in this Article VII shall, as to such Shareholder, be deemed to refer instead to such Shareholder's Escrow Cash and distributions thereof.
Exchange of Collateral. A Stockholder may, at its or his option, deposit with the Escrow Agent an equivalent value of cash ("Escrowed Cash") in exchange for all or any portion of the Escrowed Stock in such Stockholder's account. The equivalent value of the cash will be based on the last reported sale price of NCO common stock, as reported on the Nasdaq National Market, on the day that the cash is surrendered in substitution for the Escrowed Stock ("Exchange Value"); provided, however, no substitution hereunder may be permitted or made if the Exchange Value is less than the Valuation Price. In any such case, references to the Escrowed Stock and distributions thereof shall be deemed to refer instead to the Escrowed Cash and distributions thereof. The Escrowed Cash shall be held in such investment suitable for escrow accounts as NCO, Escrow Agent and such Stockholder shall reasonably agree.

Related to Exchange of Collateral

  • Sale of Collateral Secured Party may sell any or all of the Collateral at public or private sale, upon such terms and conditions as Secured Party may deem proper, and Secured Party may purchase any or all of the Collateral at any such sale. Grantor acknowledges that Secured Party may be unable to effect a public sale of all or any portion of the Collateral because of certain legal and/or practical restrictions and provisions which may be applicable to the Collateral and, therefore, may be compelled to resort to one or more private sales to a restricted group of offerees and purchasers. Grantor consents to any such private sale so made even though at places and upon terms less favorable than if the Collateral were sold at public sale. Secured Party shall have no obligation to clean-up or otherwise prepare the Collateral for sale. Secured Party may apply the net proceeds, after deducting all costs, expenses, attorneys' and paralegals' fees incurred or paid at any time in the collection, protection and sale of the Collateral and the Obligations, to the payment of the Obligations, returning the excess proceeds, if any, to Grantor. Grantor shall remain liable for any amount remaining unpaid after such application, with interest at the Default Rate. Any notification of intended disposition of the Collateral required by law shall be conclusively deemed reasonably and properly given if given by Secured Party at least ten (10) calendar days before the date of such disposition. Grantor hereby confirms, approves and ratifies all acts and deeds of Secured Party relating to the foregoing, and each part thereof, and expressly waives any and all claims of any nature, kind or description which it has or may hereafter have against Secured Party or its representatives, by reason of taking, selling or collecting any portion of the Collateral other than in the event of any intentional misconduct or gross negligence. Grantor consents to releases of the Collateral at any time (including prior to default) and to sales of the Collateral in groups, parcels or portions, or as an entirety, as Secured Party shall deem appropriate. Grantor expressly absolves Secured Party from any loss or decline in market value of any Collateral by reason of delay in the enforcement or assertion or non-enforcement of any rights or remedies under this Security Agreement.

  • Disposition of Collateral Such Grantor will not sell, lease or otherwise dispose of the Collateral owned by it except for dispositions specifically permitted pursuant to Section 6.05 of the Credit Agreement.

  • Substitution of Collateral A Fund may substitute securities for any securities identified as Collateral by delivery to the Custodian of a Pledge Certificate executed by such Fund on behalf of the applicable Portfolio, indicating the securities pledged as Collateral.

  • Location of Collateral All tangible items of Collateral, other than Inventory in transit, shall at all times be kept by Borrowers at the business locations set forth in Schedule 8.6.1, except that Borrowers may (a) make sales or other dispositions of Collateral in accordance with Section 10.2.6; and (b) move Collateral to another location in the United States, upon 30 Business Days prior written notice to Agent.

  • Dispose of Collateral Sell, transfer, exchange or dispose of the Collateral unless directed to do so by the Indenture Trustee;

  • Transfer of Collateral In connection with the transfer or assignment of the Note (whether by negotiation, discount or otherwise), the Company may transfer all or any part of the Collateral, and the transferee shall thereupon succeed to all the rights, powers and remedies granted the Company hereunder with respect to the Collateral so transferred. Upon such transfer, the Company shall be fully discharged from all liability and responsibility for the transferred Collateral.

  • Protection of Collateral All expenses of protecting, storing, warehousing, insuring, handling, maintaining and shipping any Collateral, all Taxes payable with respect to any Collateral (including any sale thereof), and all other payments required to be made by Agent to any Person to realize upon any Collateral, shall be borne and paid by Borrowers. Agent shall not be liable or responsible in any way for the safekeeping of any Collateral, for any loss or damage thereto (except for reasonable care in its custody while Collateral is in Agent’s actual possession), for any diminution in the value thereof, or for any act or default of any warehouseman, carrier, forwarding agency or other Person whatsoever, but the same shall be at Borrowers’ sole risk.

  • Application of Collateral The proceeds of any sale, or other realization (other than that received from a sale or other realization permitted by the Credit Agreement) upon all or any part of the Collateral pledged by any Grantor shall be applied by the Administrative Agent as set forth in Section 7.6 of the Credit Agreement.

  • No Disposition of Collateral Secured Party does not authorize, and Debtor agrees not to:

  • Valuation of Collateral Securities Intermediary shall provide view only access to its systems to Secured Party for the purpose of communicating data as to the Reserve Account as of that date.

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