Common use of Exercise Other Rights Clause in Contracts

Exercise Other Rights. Exercise any and all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining to any of the Pledged Securities as if it were the absolute owner thereof, including the right to exchange at its discretion any and all of the Pledged Securities upon the merger, consolidation, reorganization, recapitalization or other readjustment of any Issuer or upon the exercise by any Issuer, Lender, Administrative Agent or the Collateral Agent of any right, privilege or option pertaining to any of the Pledged Securities, and in connection therewith, to deposit and deliver any and all of the Pledged Securities with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as it may determine, all without liability except to account for property actually received by the Collateral Agent, the Administrative Agents and the Lenders. The Collateral Agent may exercise any or all of the foregoing rights and remedies without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except as required by applicable law) to or on the U.S. Borrower or any other Person, and the U.S. Borrower by this Agreement waives each such demand, presentment, protest, advertisement and notice to the extent permitted by applicable law. None of the above rights or remedies will be exclusive of or dependent on or merge in any other right or remedy, and one or more of such rights and remedies may be exercised independently or in combination from time to time. Without prejudice to the ability of the Collateral Agent to dispose of the Collateral in any manner which is commercially reasonable, the U.S. Borrower acknowledges that a disposition of Collateral by the Collateral Agent which takes place substantially in accordance with the following provisions will be deemed to be commercially reasonable:

Appears in 2 contracts

Samples: Credit Agreement (International Multifoods Corp), Credit Agreement (International Multifoods Corp)

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Exercise Other Rights. Exercise any and all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining to any of the Pledged Securities Shares as if it were the absolute owner thereof, including the right to exchange at its discretion any and all of the Pledged Securities Shares upon the merger, consolidation, reorganization, recapitalization or other readjustment of any Issuer issuer of any Pledged Shares or upon the exercise by any Issuer, Lender, Administrative Agent such issuer or the Collateral Administrative Agent of any right, privilege or option pertaining to any of the Pledged SecuritiesShares, and in connection therewith, to deposit and deliver any and all of the Pledged Securities Shares with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as it may determine, all without liability except to account for property actually received by the Collateral Agent, the Administrative Agents Agent and the Lendersexcept as required by applicable law. The Collateral Administrative Agent may exercise any or all of the foregoing rights and remedies without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except as required by applicable law) to or on the U.S. Borrower Pledgor or any other Person, and the U.S. Borrower Pledgor by this Agreement waives each such demand, presentment, protest, advertisement and notice to the extent permitted by applicable law. None of the above rights or remedies will be exclusive of or dependent on or merge in any other right or remedy, and one or more of such rights and remedies may be exercised independently or in combination from time to time. Without prejudice to the ability of the Collateral Administrative Agent to dispose of the Collateral in at such price or prices and upon such other terms as are commercially reasonable irrespective of the impact of any manner which is commercially reasonablesuch sales on the market price of the Collateral, the U.S. Borrower Pledgor acknowledges that, to the extent notice of sale shall be required by law, at least ten days’ notice to the Pledgor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Pledgor further acknowledges that a disposition of Collateral by the Collateral Administrative Agent which takes place substantially in accordance with the following provisions will be deemed to be commercially reasonable:

Appears in 1 contract

Samples: Security Agreement (Rockwood Specialties Group Inc)

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Exercise Other Rights. Exercise any and all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining to any of the Pledged Securities Collateral of such Pledgor as if it were the absolute owner thereof, including the right to exchange at its discretion any and all of the Pledged Securities Collateral of such Pledgor upon the amalgamation, merger, consolidation, reorganization, recapitalization or other readjustment of any Issuer or upon the exercise by any Issuer, Lender, Administrative Agent Issuer or the Canadian DIP Collateral Agent of any right, privilege or option pertaining to any of the Pledged SecuritiesCollateral of such Pledgor, and in connection therewith, to deposit and deliver any and all of the Pledged Securities Collateral of such Pledgor with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as it may determine, all without liability except to account for property actually received by the Canadian DIP Collateral Agent, the Administrative Agents and the Lenders. The Canadian DIP Collateral Agent may exercise any or all of the foregoing rights and remedies without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except as required by applicable law) to or on the U.S. Borrower such Pledgor or any other Person, and the U.S. Borrower by this Agreement such Pledgor waives each such demand, presentment, protest, advertisement and notice to the extent permitted by applicable law. None of the above rights or remedies will be exclusive of or dependent on or merge in any other right or remedyremedy against such Pledgor or any other Pledgor, and one or more of such rights and remedies may be exercised independently or in combination from time to timetime whether against such Pledgor or against such Pledgor and any or all other Pledgors. Without prejudice to the ability of the Canadian DIP Collateral Agent to dispose of the Pledged Collateral of such Pledgor in any manner which is commercially reasonable, the U.S. Borrower each Pledgor acknowledges that a disposition of Pledged Collateral of such Pledgor by the Canadian DIP Collateral Agent which takes place substantially in accordance with the following provisions will be deemed to be commercially reasonable:

Appears in 1 contract

Samples: Lockup Agreement (Philip Services Corp)

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