Common use of Investment Property and Instruments Clause in Contracts

Investment Property and Instruments. At the request of the Lender, upon and after the occurrence and during the continuance of any Event of Default, the Lender shall be entitled to receive all distributions and payments of any nature with respect to any Investment Property or Instruments, and all such distributions or payments received by the Borrower shall be held in trust for the Lender to the extent permitted by applicable law and, in accordance with the Lender's instructions, remitted to the Lender or deposited to an account with the Lender in the form received (with any necessary endorsements or instruments of assignment or transfer). Following the occurrence and during the continuance of an Event of Default any such distributions and payments with respect to any Investment Property held in any securities account shall be held and retained in such securities account, in each case as part of the Collateral hereunder. Additionally, the Lender shall have the right, upon the occurrence and during the continuance of an Event of Default, following prior written notice to the Borrower, to vote and to give consents, ratifications and waivers with respect to any Investment Property and Instruments, and to exercise all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining thereto to the extent permitted by applicable law as if the Lender was the absolute owner thereof; PROVIDED that the Lender shall have no duty to exercise any of the foregoing rights afforded to them and shall not be responsible to the Borrower or any other Person for any failure to do so or delay in doing so to the extent permitted by applicable law.

Investment Property and Instruments. At the request of the Lender, upon Upon and after the occurrence and during the continuance of any Event of Default, the Lender Lenders shall be entitled to receive all distributions and payments of any nature with respect to any Investment Property investment property or Instrumentsinstruments, and all such distributions or payments received by the Borrower shall be held in trust for the Lender to the extent permitted by applicable law Lenders and, in accordance with the Lender's Lenders’ instructions, remitted to the Lender or deposited to an account with the Lender Lenders in the form received (with any necessary endorsements or instruments of assignment or transfer). Following the occurrence and during the continuance of an Event of Default which has not been waived in writing, any such distributions and payments with respect to any Investment Property investment property held in any securities account shall be held and retained in such securities account, in each case as part of the Borrower Collateral hereunder. Additionally, the Lender Lenders shall have the right, upon the occurrence and during the continuance of an Event of DefaultDefault which has not been waived in writing, following prior written notice to the Borrower, to vote and to give consents, ratifications and waivers with respect to any Investment Property investment property and Instrumentsinstruments of the Borrower, and to exercise all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining thereto to the extent permitted by applicable law thereto, as if the Lender was Lenders were the absolute owner thereof; PROVIDED provided that the Lender Lenders shall have no duty to exercise any of the foregoing rights afforded to them it and shall not be responsible to the Borrower or any other Person for any failure to do so or delay in doing so to the extent permitted by applicable lawso.

Investment Property and Instruments. At the request of the Lender, upon Upon and after the occurrence and during the continuance of any Event of Default, the Lender Agent, for the benefit of itself and the other Secured Parties, shall be entitled to receive all distributions and payments of any nature with respect to any Investment Property investment property or Instrumentsinstruments, and all such distributions or payments received by the Borrower Debtor shall be and shall be deemed to be held separate and apart and in trust exclusively for the Lender to Agent, for the extent permitted by applicable law benefit of itself and the other Secured Parties, and, in accordance with the Lender's Agent’s instructions, remitted to the Lender or deposited to an account with Agent, for the Lender benefit of itself and the other Secured Parties, in the form received (with any necessary endorsements or instruments of assignment or transfer). Following the occurrence and during the continuance of an any Event of Default any such distributions and payments with respect to any Investment Property investment property held in any securities account shall be held and retained in such securities account, in each case as part of the Collateral hereunder. Additionally, the Lender Agent shall have the right, upon the occurrence and during the continuance of an any Event of Default, following two (2) Business Days’ prior written notice to the BorrowerDebtor, to vote and to give consents, ratifications and waivers with respect to any Investment Property investment property and Instrumentsinstruments of the Debtor, and to exercise all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining thereto to the extent permitted by applicable law thereto, as if the Lender was Agent and the other Secured Parties were the absolute owner thereof; PROVIDED provided that the Lender Agent and the other Secured Parties shall have no duty to exercise any of the foregoing rights afforded to them it and shall not be responsible to the Borrower Debtor or any other Person for any failure to do so or delay in doing so to the extent permitted by applicable lawso.

Investment Property and Instruments. At the request of the LenderCollateral Agent (at the request of the Instructing Group), upon and after the occurrence and during the continuance of if there exists at such time any Event of Default, the Lender Collateral Agent shall be entitled entitled, subject to the Intercreditor Agreement, to receive all distributions and payments of any nature with respect to any Investment Property or Instruments, Exhibits to Arbitron Credit Agreement 264 and all such distributions or payments received by the Borrower Grantor shall be held in trust for the Lender to the extent permitted by applicable law Collateral Agent and, in accordance with its instructions (with the Lender's instructionsconsent of the Instructing Group), remitted to the Lender Collateral Agent or deposited to an account with the Lender Collateral Agent in the form received (with any necessary endorsements or instruments of assignment or transfer). Following the occurrence and during the continuance of an If there exists any Default or Event of Default any such distributions and payments with respect to any Investment Property held in any securities account shall be held and retained in such securities account, in each case as part of the Collateral hereunder. Additionally, the Lender Collateral Agent shall have the right, upon the occurrence and during the continuance of an if there exists any Default or Event of Default, following prior written notice to the BorrowerGrantor, to vote and to give consents, ratifications and waivers with respect to any Investment Property and Instruments, and to exercise all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining thereto to the extent permitted by applicable law thereto, as if the Lender was Collateral Agent were the absolute owner thereof; PROVIDED provided that the Lender Collateral Agent shall have no duty to exercise any of the foregoing rights afforded to them it and shall not be responsible to the Borrower Grantor or any other Person for any failure to do so or delay in doing so to the extent permitted by applicable lawso.