Common use of Interim Remedies Clause in Contracts

Interim Remedies. (a) The Secured Party may exercise all the rights and remedies of a secured party under the UCC. (b) The Secured Party may prosecute actions in equity or at law for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted or for the enforcement of any other appropriate legal or equitable remedy. (c) During the continuance of an Event of Default, following written notice to the Borrower (which notice the Borrower shall promptly forward to the Pledgors) and to the extent specified in such written notice, all rights of the Pledgors to receive cash dividends or distributions shall cease, and all such rights shall thereupon become vested in the Secured Party who shall thereupon have the sole right to receive such cash dividends. All cash dividends or distributions received by any Pledgor in violation of the foregoing shall be received in trust for the benefit of the Secured Party, shall be segregated from other funds of such Pledgor, and shall be promptly paid over to the Secured Party to be held as Pledged Interests in the same form as so received (with any necessary endorsement). (d) During the continuance of an Event of Default, following written notice to the Borrower (which notice the Borrower shall promptly forward to the Pledgors) and to the extent specified in such written notice, all rights of the Pledgors to exercise the voting and other consensual rights which they would otherwise be entitled to exercise under the Partnership Agreements and pursuant to this Agreement shall cease, and all such rights shall thereupon become vested in the Secured Party who shall thereupon have the sole right to exercise such voting and other consensual rights, and the Secured Party may instruct each Pledgor to take or not take action under the applicable Partnership Agreements. Following such notice from the Secured Party, each Pledgor authorizes all other parties to the Partnership Agreement applicable to the Pledged Interests of such Pledgor to follow the instructions of the Secured Party and ignore the instructions of such Pledgor with respect to such Pledgor's rights under such Partnership Agreement. (e) During the continuance of an Event of Default, following written (f) The Secured Party may require any Pledgor to promptly assemble any tangible Collateral of such Pledgor and make it available to the Secured Party at a place to be designated by the Secured Party. The Secured Party may occupy any premises owned or leased by any Pledgor where the Collateral is assembled for a reasonable period in order to effectuate its rights and remedies hereunder or under law, without obligation to such Pledgor with respect to such occupation. The Secured Party shall have no obligation to take any action to assemble or otherwise take control of the Collateral, whether for the purposes of sale or otherwise. (g) The Secured Party may take any action permitted under the Credit Agreement or other Credit Documents, including declaring the unpaid portion of the Secured Obligations to be immediately due and payable under the terms of the Credit Agreement.

Interim Remedies. (a) The Secured Party may exercise all the rights and remedies of a secured party under the UCC. (b) The Secured Party may prosecute actions in equity or at law for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted or for the enforcement of any other appropriate legal or equitable remedy. (c) During the continuance of an Event of Default, following Following written notice to the Borrower (which notice the Borrower shall promptly forward to the Pledgors) Pledgor and to the extent specified in such written notice, all rights of the Pledgors Pledgor to receive cash dividends or distributions shall cease, and all such rights shall thereupon become vested in the Secured Party who shall thereupon have the sole right to receive such cash dividendsdividends or distributions. All cash dividends or distributions received by any Pledgor in violation of the foregoing shall be received in trust for the benefit of the Secured Party, shall be segregated from other funds of such Pledgor, and shall be promptly paid over to the Secured Party to be held as Pledged Interests Securities, as applicable, in the same form as so received (with any necessary endorsement). (d) During the continuance of an Event of Default, following Following written notice to the Borrower (which notice the Borrower shall promptly forward to the Pledgors) Pledgor and to the extent specified in such written notice, all rights of the Pledgors Pledgor to exercise the voting and other consensual rights which they it would otherwise be entitled to exercise under the Partnership Agreements and pursuant to this Agreement shall cease, and all such rights shall thereupon become vested in the Secured Party who shall thereupon have the sole right to exercise such voting and other consensual rights, and the Secured Party may instruct each Pledgor to take or not take action under the applicable Partnership Agreements. Following such notice from the Secured Party, each Pledgor authorizes all other parties to the Partnership Agreement applicable to the Pledged Interests of such Pledgor to follow the instructions of the Secured Party and ignore the instructions of such Pledgor with respect to such Pledgor's rights under such Partnership Agreementrights. (e) During Following written notice to Pledgor and to the continuance extent specified in such written notice, Secured Party shall have the right, without further notice to Pledgor, to transfer or to register, in the name of an Event Secured Party or any of Defaultits nominees, following writtenany of the Pledged Securities of Pledgor. In addition, Secured Party shall have the right at any time to exchange the certificates or instruments representing the Pledged Securities of Pledgor for certificates or instruments of smaller or larger denominations. (f) The Secured Party may require any Pledgor to promptly assemble any tangible Collateral of such Pledgor and make it available to the Secured Party at a place to be designated by the Secured Party. The Secured Party may occupy any premises owned or leased by any Pledgor where the Collateral is assembled for a reasonable period in order to effectuate its rights and remedies hereunder or under law, without obligation to such Pledgor with respect to such occupation. The Secured Party shall have no obligation to take any action to assemble or otherwise take control of the Collateral, whether for the purposes of sale or otherwise. (g) The Secured Party may take any action permitted under the Credit Agreement or other Credit Transaction Documents and Loan Documents, including declaring the unpaid portion of the Secured Obligations to be immediately due and payable under the terms of the Credit AgreementTransaction Documents and Loan Documents.

Interim Remedies. (a) The Secured Party may exercise all the rights and remedies of a secured party this Agreement and under the UCCUniform Commercial Code. (b) The Secured Party may prosecute actions in equity or at law for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted or for the enforcement of any other appropriate legal or equitable remedy. (c) During the continuance Following Secured Party's giving written notice of an Event of Default, following written notice Default to the Borrower (which notice the Borrower shall promptly forward to the Pledgors) Pledgors and to the extent specified in such written notice, all rights of the Pledgors to receive cash dividends or distributions shall cease, and all such rights shall thereupon become vested in the Secured Party who shall thereupon have the sole right to receive such cash dividends. All cash dividends or distributions received by any Pledgor the Pledgors in violation of the foregoing shall be received in trust for the benefit of the Secured Party, shall be segregated from other funds of such Pledgorthe Pledgors, and shall be promptly paid over to the Secured Party to be held as Pledged Interests in the same form as so received (with any necessary endorsement). (d) During the continuance of an Event of Default, following Following written notice to the Borrower (which notice the Borrower shall promptly forward to the Pledgors) Pledgors and to the extent specified in such written notice, all rights of the Pledgors to exercise the voting and other consensual rights which they it would otherwise be entitled to exercise under the Partnership Agreements and pursuant to this Agreement shall ceasecease during the period of an Event of Default, and all such rights shall thereupon become vested in the Secured Party who shall thereupon have the sole right to exercise such voting and other consensual rights. Following written notice to the Pledgors and to the extent specified in such written notice, and the Secured Party may instruct each Pledgor to take or not take action under shall have the applicable Partnership Agreements. Following such right, without further notice from the Secured Party, each Pledgor authorizes all other parties to the Partnership Agreement applicable Pledgors, to transfer or to register, in the Pledged Interests of such Pledgor to follow the instructions name of the Secured Party and ignore or any of its nominees, any of the instructions of such Pledgor with respect to such Pledgor's rights under such Partnership Agreement. (e) During Pledged Securities. In addition, the continuance of an Event of Default, following written (f) The Secured Party may require any Pledgor to promptly assemble any tangible Collateral of such Pledgor and make it available to the Secured Party at a place to be designated by the Secured Party. The Secured Party may occupy any premises owned or leased by any Pledgor where the Collateral is assembled for a reasonable period in order to effectuate its rights and remedies hereunder or under law, without obligation to such Pledgor with respect to such occupation. The Secured Party shall have no obligation the right at any time to take any action to assemble exchange the certificates or otherwise take control instruments representing the Pledged Securities for certificates or instruments of the Collateral, whether for the purposes of sale smaller or otherwiselarger denominations. (g) The Secured Party may take any action permitted under the Credit Agreement or other Credit Documents, including declaring the unpaid portion of the Secured Obligations to be immediately due and payable under the terms of the Credit Agreement.

Interim Remedies. (a) The Secured Party may exercise all the rights and remedies of a secured party under the UCC. (b) The Secured Party may prosecute actions in equity or at law for the specific performance of any covenant or agreement herein contained or in aid of the execution of any power herein granted or for the enforcement of any other appropriate legal or equitable remedy. (c) During the continuance of an Event of Default, following Following written notice to the Borrower (which notice the Borrower shall promptly forward to the Pledgors) Debtor and to the extent specified in such written notice, all rights of the Pledgors Debtor to receive cash dividends or distributions shall cease, and all such rights shall thereupon become vested in the Secured Party who shall thereupon have the sole right to receive such cash dividends. All cash dividends or distributions received by any Pledgor the Debtor in violation of the foregoing shall be received in trust for the benefit of the Secured Party, shall be segregated from other funds of such Pledgorthe Debtor, and shall be promptly paid over to the Secured Party to be held as Pledged Interests Securities in the same form as so received (with any necessary endorsement). (d) During the continuance of an Event of Default, following Following written notice to the Borrower (which notice the Borrower shall promptly forward to the Pledgors) Debtor and to the extent specified in such written notice, all rights of the Pledgors Debtor to exercise the voting and other consensual rights which they it would otherwise be entitled to exercise under the Partnership Agreements and pursuant to this Agreement shall cease, and all such rights shall thereupon become vested in the Secured Party who shall thereupon have the sole right to exercise such voting and other consensual rights, and the Secured Party may instruct each Pledgor to take or not take action under the applicable Partnership Agreements. Following such notice from the Secured Party, each Pledgor authorizes all other parties to the Partnership Agreement applicable to the Pledged Interests of such Pledgor to follow the instructions of the Secured Party and ignore the instructions of such Pledgor with respect to such Pledgor's rights under such Partnership Agreement. (e) During Following written notice to the continuance Debtor and to the extent specified in such written notice, the Secured Party shall have the right, without further notice to the Debtor, to transfer or to register, in the name of an Event the Secured Party or any of Defaultits nominees, following writtenany of the Pledged Securities. In addition, the Secured Party shall have the right at any time to exchange the certificates or instruments representing the Pledged Securities for certificates or instruments of smaller or larger denominations. (f) The Secured Party may require any Pledgor the Debtor to promptly assemble any tangible Collateral of such Pledgor and make it available to the Secured Party at a place to be designated by the Secured Party. The Secured Party may occupy any premises owned or leased by any Pledgor the Debtor where the Collateral is assembled for a reasonable period in order to effectuate its rights and remedies hereunder or under law, without obligation to such Pledgor the Debtor with respect to such occupation. The Secured Party shall have no obligation to take any action to assemble or otherwise take control of the Collateral, whether for the purposes of sale or otherwise. (g) The Secured Party may take any action permitted under the Credit Agreement or Agreement, the other Credit Loan Documents, including declaring the unpaid portion of the Secured Obligations to be immediately due and payable under the terms of the Credit Agreement.