Manner of enforcement. If the Transaction Security is being enforced pursuant to Clause 10.2 (Enforcement Instructions), the Security Agent shall enforce the Transaction Security in such manner (including, without limitation, the selection of any administrator, receiver, receiver manager (or any analogous officer in any jurisdiction) of any Debtor or the Parent to be appointed by the Security Agent) as the Majority External Creditors shall instruct or, in the absence of any such instructions, as the Security Agent considers in its discretion to be appropriate.
Manner of enforcement. If the Transaction Security is being enforced pursuant to Clause 16.2 (Enforcement instructions), the Security Agent shall enforce the Transaction Security in such manner (including, without limitation, the selection of any administrator of any Debtor or Security Grantor to be appointed by the Security Agent) as:
Manner of enforcement. (a) If the Transaction Security is being enforced or other action as to Enforcement is being taken pursuant to Clause 15.3 (Enforcement Instructions), the Common Security Agent shall enforce the Transaction Security (other than the Rolled Loan Cash Collateral) or take other action as to Enforcement in such manner (including, without limitation, the selection of any administrator (or any analogous officer in any jurisdiction) of any Debtor or Security Provider to be appointed by the Common Security Agent) as the applicable Instructing Group shall instruct (provided that such instructions are consistent with the Enforcement Principles) or, in the absence of any such instructions, as the Intercreditor Agent (as it considers in its own discretion to be appropriate and consistent with the Enforcement Principles) has instructed the Common Security Agent to do so or, in the absence of any such instructions, as the Common Security Agent considers in its discretion to be appropriate and consistent with the Enforcement Principles.
(b) If the Majority Super Senior Creditors or any Required Pari Passu Creditor (in each case acting reasonably) consider that the Common Security Agent is enforcing (or the Intercreditor Agent has directed the Common Security Agent to enforce) the Common Transaction Security in a manner that is not consistent with the Enforcement Principles, subject to paragraph (a) above, the applicable Creditor Representative (the “Notifying Creditor Representative”) shall give notice to the Intercreditor Agent (and the Intercreditor Agent shall promptly forward such notice to the Common Security Agent and each Creditor Representative which did not deliver such notice) after which the Creditor Representatives for each of the Super Senior Creditors and the Pari Passu Creditors (or, in the case of any group of Secured Parties that choses to do so, a representative or committee of such creditor group appointed in place of its Creditor Representative for this purpose), shall consult with the Intercreditor Agent and the Common Security Agent for a period of 10 days (or such lesser period as the Notifying Creditor Representative may agree) with a view to agreeing the manner of Enforcement of the Common Transaction Security, provided that the such Creditor Representatives shall not be obliged to consult under this paragraph (b) more than once in relation to each Enforcement Action.
Manner of enforcement. If the Transaction Security is being enforced or other action as to Enforcement is being taken pursuant to Clause 25.1 (Enforcement Instructions), the Security Agent shall enforce that Transaction Security or take such other action as to Enforcement in such manner (including where applicable, without limitation, the selection of any administrator (or any analogous officer in any jurisdiction) of the Borrower to be appointed by the Security Agent) as the relevant Lenders shall instruct.
Manner of enforcement. If all or any part of the Shared Security is being enforced by the Collateral Agent and/or the Delegate Collateral Agent, each of the Collateral Agent and the Delegate Collateral Agent shall enforce such Shared Security in such manner (including, without limitation, the selection of any administrator of the Debtor to be appointed by either of the Collateral Agent and the Delegate Collateral Agent) as the ECF Required Lenders (or following the ECF Discharge Date, the Term Loan Required Lenders) shall instruct or, in the absence of any such instructions, as each of the Collateral Agent and the Delegate Collateral Agent sees fit.
Manner of enforcement. (a) If the Transaction Security is being enforced pursuant to Clause 31.1 (Enforcement instructions), the Security Agent shall enforce the Transaction Security (or instruct the Secondary Security Agent to enforce any Transaction Security held by the Secondary Security Agent) in such manner (including, without limitation, the selection of any administrator of any Obligor to be appointed by the Security Agent or Secondary Security Agent) as the Majority Lenders shall instruct or, in the absence of any such instructions, as the Security Agent sees fit.
(b) If the Transaction Security is being enforced pursuant to Clause 31.1 (Enforcement instructions), the Secondary Security Agent shall enforce the Transaction Security held by the Secondary Security Agent in such manner (including, without limitation, the selection of any administrator of any Obligor to be appointed by the Secondary Security Agent) as the Security Agent shall instruct or, in the absence of any such instructions, as the Secondary Security Agent sees fit.
Manner of enforcement. If the Transaction Security is being enforced pursuant to Clause 9.1 (Enforcement Instructions), the Security Agent shall enforce the Transaction Security in such manner (including, without limitation, the selection of any administrator (or any analogous officer in any jurisdiction) of any Debtor to be appointed by the Security Agent) as the Instructing Group shall instruct in writing or, in the absence of any such instructions, as the Security Agent considers in its discretion to be appropriate.
Manner of enforcement. If the Transaction Security is being enforced or other action as to Enforcement is being taken pursuant to Clause 13.3 (Enforcement Instructions), the Security Agent shall enforce the Transaction Security or take other action as to Enforcement in such manner (including, without limitation, the selection of any administrator (or any analogous officer in any jurisdiction) of any Debtor to be appointed by the Security Agent) as an Instructing Group shall instruct (provided that such instructions are consistent with the Enforcement Principles) or, in the absence of any such instructions, as the Security Agent considers in its discretion to be appropriate and consistent with the Enforcement Principles.
Manner of enforcement. If the Transaction Security is being enforced pursuant to Clause 7.1 (Enforcement Instructions), the Security Agent shall enforce any Transaction Security in such manner (including, without limitation, the selection of any administrator (or any analogous officer in any jurisdiction) of any Debtor (as defined in the Intercreditor Agreement) (that is the grantor of any Transaction Security) to be appointed by the Security Agent) as:
(a) (in the case of any Class A Transaction Security) the Security Instructing Creditors in respect of Class A Transaction Security shall instruct; or
(b) (in the case of any Class B Transaction Security) the Security Instructing Creditors in respect of Class B Transaction Security shall instruct, or, in each case, in the absence of any such instructions, as the Security Agent considers in its discretion to be appropriate."
Manner of enforcement. If the Transaction Security is being enforced pursuant to Clause 12.2 (Enforcement instructions), the Security Agent shall enforce the Transaction Security in such manner (including, without limitation, the selection of any administrator, examiner or equivalent officer of any Debtor or Third Party Security Provider to be appointed by the Security Agent) as:
(a) an Instructing Group; A44420063
(b) prior to the Senior Discharge Date, if:
(i) the Security Agent has, pursuant to paragraph (c) of Clause 12.2 (Enforcement instructions), given effect to instructions given by the Enhanced Majority Second Lien Creditors to enforce the Transaction Security; and
(ii) an Instructing Group has not given instructions as to the manner of enforcement of the Transaction Security, the Enhanced Majority Second Lien Creditors; or
(c) prior to the First/Second Lien Discharge Date, if:
(i) the Security Agent has, pursuant to paragraph (d) of Clause 12.2 (Enforcement instructions), given effect to instructions given by the Majority Senior Parent Creditors to enforce the Transaction Security; and
(ii) an Instructing Group has not given instructions as to the manner of enforcement of the Transaction Security, the Majority Senior Parent Creditors, shall instruct or, in the absence of any such instructions, as the Security Agent sees fit (it being understood that, absent such instructions the Security Agent may elect to take no action).
