Management of the Collateral. Each Loan Party further agrees, that, during the continuance of any Event of Default, subject to the Remedies Notice Period, (i) at the Agent’s request, it shall assemble the Collateral and make it available to the Agent at places that the Agent shall reasonably select, whether at such Loan Party’s premises or elsewhere, (ii) without limiting the foregoing, the Agent also has the right to require that each Loan Party store and keep any Collateral pending further action by the Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, (iii) until the Agent is able to Sell any Collateral, the Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Agent and (iv) the Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Agent’s remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Agent shall not have any obligation to any Loan Party to maintain or preserve the rights of any Loan Party as against third parties with respect to any Collateral while such Collateral is in the possession of the Agent.
Appears in 4 contracts
Samples: Possession Term Loan Agreement (Colt Finance Corp.), Credit Agreement (Colt Finance Corp.), Credit Agreement (Colt Finance Corp.)
Management of the Collateral. Each Loan Party Guarantor further agrees, that, during the continuance of any Event of Default, subject to the Remedies Notice Period, (i) at the Agent’s request, it shall assemble the Collateral and make it available to the Agent at places that the Agent shall reasonably select, whether at such Loan PartyGuarantor’s premises or elsewhere, (ii) without limiting the foregoing, the Agent also has the right to require that each Loan Party Guarantor store and keep any Collateral pending further action by the Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be reasonably necessary to protect the same and to preserve and maintain such Collateral in good condition, (iii) until the Agent is able to Sell Transfer any Collateral, the Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Agent and Agent, (iv) the Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Agent’s remedies (for the benefit of the Secured Finance Parties), with respect to such appointment without prior notice or hearing as to such appointmentappointment and (v) the Agent may render any or all of the Collateral unusable at a Loan Party’s premises and may dispose of such Collateral on the premises without liability for rents or costs. The Agent shall not have any obligation to any Loan Party Guarantor to maintain or preserve the rights of any Loan Party Guarantor as against third parties with respect to any Collateral while such Collateral is in the possession of the Agent.
Appears in 3 contracts
Samples: Pledge and Security Agreement, Guaranty, Pledge and Security Agreement (Peplin Inc), Guaranty, Pledge and Security Agreement (Peplin Inc)
Management of the Collateral. Each Loan Party Grantor further agrees, that, during the continuance of any Event of Default, subject to the Remedies Notice Period, (i) at the AgentSecured Party’s request, it shall assemble the Collateral and make it available to the Agent Secured Party at places that the Agent Secured Party shall reasonably select, whether at such Loan PartyGrantor’s premises or elsewhere, (ii) without limiting the foregoing, the Agent Secured Party also has the right to require that each Loan Party Grantor store and keep any Collateral pending further action by the Agent Secured Party and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, (iii) until the Agent Secured Party is able to Sell dispose of any Collateral, the Agent Secured Party shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Agent Secured Party and (iv) the Agent Secured Party may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the AgentSecured Party’s remedies (for the benefit of the Secured Parties)remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Agent Secured Party shall not have any obligation to any Loan Party Grantor to maintain or preserve the rights of any Loan Party Grantor as against third parties with respect to any Collateral while such Collateral is in the possession of the AgentSecured Party.
Appears in 2 contracts
Samples: Security Agreement (Palm Harbor Homes Inc /Fl/), Security Agreement (Cavco Industries Inc)
Management of the Collateral. Each Loan Party Grantor further agrees, that, during the continuance of any Event of Default, subject to the Remedies Notice Period, (i) at the AgentSecured Party’s request, it shall assemble the Collateral and make it available to the Agent Secured Party at places that the Agent Secured Party shall reasonably select, whether at such Loan PartyGrantor’s premises or elsewhere, (ii) without limiting the foregoing, the Agent Secured Party also has the right to require that each Loan Party Grantor store and keep any Collateral pending further action by the Agent Secured Party and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, (iii) until the Agent Secured Party is able to Sell sell or otherwise dispose of any Collateral, the Agent Secured Party shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Agent Secured Party and (iv) the Agent Secured Party may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the AgentSecured Party’s remedies (for the benefit of the Secured Parties)remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Agent Secured Party shall not have any obligation to any Loan Party Grantor to maintain or preserve the rights of any Loan Party Grantor as against third parties with respect to any Collateral while such Collateral is in the possession of the AgentSecured Party.
Appears in 2 contracts
Samples: Security Agreement (Qt Imaging Holdings, Inc.), Security Agreement (AtlasClear Holdings, Inc.)
Management of the Collateral. Each Loan Party The Grantor further agrees, that, during the continuance of any Event of Default, subject to the Remedies Notice Period, (i) at the Agent’s Secured Party's request, it shall assemble the Collateral and make it available to the Agent Secured Party at places that the Agent Secured Party shall reasonably select, whether at such Loan Party’s the Grantor's premises or elsewhere, (ii) without limiting the foregoing, the Agent Secured Party also has the right to require that each Loan Party the Grantor store and keep any Collateral pending further action by the Agent Secured Party and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, (iii) until the Agent Secured Party is able to Sell sell, assign, convey or transfer any Collateral, the Agent Secured Party shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Agent Secured Party and (iv) the Agent Secured Party may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Agent’s remedies (for the benefit of the Secured Parties)Party's remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Agent Secured Party shall not have any obligation to any Loan Party the Grantor to maintain or preserve the rights of any Loan Party the Grantor as against third parties with respect to any Collateral while such Collateral is in the possession of the AgentSecured Party.
Appears in 2 contracts
Samples: Security Agreement (UA Granite Corp), Security Agreement (Stevia Corp)
Management of the Collateral. Each Loan Credit Party further agrees, that, during the continuance of any Event of Default, Default and subject to the Remedies Notice PeriodOrders, (i) at the Administrative Agent’s request, it shall assemble the Collateral and make it available to the Administrative Agent at places that the Administrative Agent shall reasonably select, whether at such Loan Credit Party’s premises or elsewhere, (ii) without limiting the foregoing, the Administrative Agent also has the right to require that each Loan Credit Party store and keep any Collateral pending further action by the Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, (iii) until the Administrative Agent is able to Sell sell any Collateral, the Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Administrative Agent and (iv) the Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Administrative Agent’s remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Administrative Agent shall not have any obligation to any Loan Credit Party to maintain or preserve the rights of any Loan Credit Party as against third parties with respect to any Collateral while such Collateral is in the possession of the Administrative Agent.
Appears in 1 contract
Management of the Collateral. Each Subject to the Orders, each Loan Party further agrees, that, during the continuance of any Event of Default, subject to the Remedies Notice Period, (i) at the Administrative Agent’s request, it shall assemble the Collateral and make it available to the Administrative Agent at places that the Administrative Agent shall reasonably select, whether at such Loan Party’s premises or elsewhere, (ii) without limiting the foregoing, the Administrative Agent also has the right to require that each Loan Party store and keep any Collateral pending further action by the Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, (iii) until the Administrative Agent is able to Sell Dispose of any Collateral, the Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Agent and (iv) the Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Administrative Agent’s remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Administrative Agent shall not have any obligation to any Loan Party to maintain or preserve the rights of any Loan Party as against third parties with respect to any Collateral while such Collateral is in the possession of the Administrative Agent.
Appears in 1 contract
Samples: Cenveo, Inc