Other Collateral Matters Sample Clauses
The 'Other Collateral Matters' clause addresses additional issues related to collateral that are not specifically covered elsewhere in the agreement. It typically outlines procedures or requirements for handling collateral in special circumstances, such as the substitution, release, or maintenance of collateral, and may specify the parties' obligations regarding insurance, record-keeping, or notification. This clause ensures comprehensive management of collateral, helping to prevent disputes or uncertainties about collateral-related responsibilities that might otherwise be overlooked.
Other Collateral Matters. Each Bank hereby agrees, and each holder of any Obligations by the acceptance thereof will be deemed to agree, that, except as otherwise set forth herein, any action taken by the Agent or the Required Banks in accordance with the provisions of this Agreement or the Loan Documents, and the exercise by the Agent or the Required Banks of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all of the Banks. The Agent is hereby authorized on behalf of all of the Banks, without the necessity of any notice to or further consent from any Bank, from time to time prior to an Event of Default, to take any action with respect to any Collateral or Loan Documents which may be necessary to perfect and maintain perfected the security interest in and Liens on the Collateral granted pursuant to the Loan Documents. Without limiting the foregoing, the Banks irrevocably authorize the Agent at its option and in its discretion, to release any Lien granted to or held by the Agent upon any Collateral (i) upon termination of the Commitments and payment in full of all other Obligations payable under this Agreement and under any other Credit Document; (ii) constituting property sold or to be sold or disposed of as part of or in connection with any disposition permitted hereunder; (iii) constituting property in which the Company owned no interest at the time the Lien was granted or at any time thereafter; (iv) constituting property leased to the Company under a lease which has expired or been terminated in a transaction permitted under this Agreement or is about to expire and which has not been, and is not intended by the Company to be, renewed or extended; (v) consisting of an instrument evidencing Indebtedness if the Indebtedness evidenced thereby has been paid in full; (vi) in accordance with the provisions of Section 2.18 hereof; or (vii) subject to Section 10.2(g), if approved, authorized or ratified in writing by the Required Banks. Upon request by the Agent at any time, the Banks will confirm in writing the Agent's authority to release particular types or items of Collateral pursuant to this Section 9.8.
Other Collateral Matters. Each Lender hereby agrees, and each holder of any Loans by the acceptance thereof will be deemed to agree, that, except as otherwise set forth herein, any action taken by the Agent in accordance with the provisions of this Agreement or the Collateral Documents, and the exercise by the Agent or the Lenders of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all of the Lenders. The Agent is hereby authorized on behalf of all of the Lenders, without the necessity of any notice to or further consent from any Lender, from time to time prior to a Default, to take any action with respect to any collateral or Collateral Documents which may be necessary to perfect and maintain perfected the security interest in and liens on the collateral granted pursuant to the Collateral Documents. Without limited the foregoing, the Lenders irrevocably authorize the Agent at its option and in its discretion, to release any lien granted to or held by the Agent upon any collateral (i) consisting of an instrument evidencing debt if the debt evidence thereby has been paid in full; or (ii) if approved by the Lenders. Upon request by the Agent at any time, the Lenders will confirm in writing the Agent's authority to release particular types or items of collateral pursuant to this section.
Other Collateral Matters. 146 9.12. Right to Perform, Preserve and Protect 147 9.13. Credit Product Providers and Credit Product Arrangements 147 9.14. Designation of Additional Agents 148 9.15. Authorization to Enter into Intercreditor Agreements and Subordination Agreements 148 9.16. Recovery of Erroneous Payments 148 ARTICLE X MISCELLANEOUS 149 10.01. Amendments, Etc 149 10.02. Notices; Effectiveness; Electronic Communication 153 10.03. No Waiver; Cumulative Remedies 156
Other Collateral Matters. (a) Borrower shall at any time and from time to time, take such steps as Collateral Agent may request (i) in order that Collateral Agent shall obtain “control” of Collateral, with any agreements establishing control to be in form and substance reasonably satisfactory to Collateral Agent, (ii) to enter into a tri-party agreement with Collateral Agent and the issuer and/or confirmation bank with respect to any Letter of Credit Rights that Borrower has acquired, and thereby directing all payments under such Letter of Credit Rights as Collateral Agent shall direct, (iii) to promptly notify Collateral Agent, in a writing signed by a Borrower, of any commercial tort claim (as defined in the UCC) acquired by it and unless otherwise consented by Collateral Agent, to enter into a supplement to this Agreement, granting to Collateral Agent, for the benefit of the Credit Parties, a Lien in such commercial tort claim and in the proceeds thereof, and (iv) otherwise to insure the continued perfection enforceability and priority of security interest of the Collateral Agent, for the benefit of the Credit Parties, in any of the Collateral and of the preservation of its rights therein.
(b) Nothing contained in this Section 9.04 shall be construed to narrow the scope of Collateral Agent’s security interest in any of the Collateral or the perfection or priority thereof or to impair or otherwise limit any of the rights, powers, privileges or remedies of Collateral Agent hereunder.
Other Collateral Matters. 141 9.12. Right to Perform, Preserve and Protect 141 9.13. Credit Product Providers and Credit Product Arrangements 141 9.14. Designation of Additional Agents 142 9.15. Authorization to Enter into Intercreditor Agreements and Subordination Agreements 142 303599082v7 9.16. Recovery of Erroneous Payments 142 ARTICLE X MISCELLANEOUS 145 10.01. Amendments, Etc 145 10.02. Notices; Effectiveness; Electronic Communication 149 10.03. No Waiver; Cumulative Remedies 152 10.04. Expenses; Indemnity; Damage Waiver. 152 10.05. Marshalling; Payments Set Aside 155 10.06. Successors and Assigns 156 10.07. Treatment of Certain Information; Confidentiality 165 10.08. Right of Setoff 166 10.09. Interest Rate Limitation 167 10.10. Counterparts; Integration; Effectiveness 167 10.11. Survival 167 10.12. Severability 168 10.13. Replacement of Lenders 168 10.14. Governing Law; Jurisdiction; Etc 169 10.15. Waiver of Jury Trial 170 10.16. USA PATRIOT Act Notice 170 10.17. No Advisory or Fiduciary Responsibility 170 10.18. Attachments 171 10.19. Acknowledgement Regarding any Supported QFCs 171 ARTICLE XI CONTINUING GUARANTEE 172 11.01. Guarantee 172 11.02. Rights of Lenders 172 11.03. Certain Waivers 173 11.04. Obligations Independent 174 11.05. Subrogation 175 11.06. Termination; Reinstatement 175 11.07. Subordination 175 11.08. Condition of Borrowers 175 11.09. Limitation of Liability 176 11.10. No Novation; Reaffirmation 176 303599082v7
Other Collateral Matters. 171 10.13 Credit Product Arrangement Provisions ............................................................................................................................................172 10.14 ERISA Related Provisions.................................................................................................................................................................173 ARTICLE XI MISCELLANEOUS 11.01 Amendments, Etc...............................................................................................................................................................................175 11.02 Notices; Effectiveness; Electronic Communication ..........................................................................................................................178 11.03 No Waiver; Cumulative Remedies ....................................................................................................................................................181 11.04 Expenses; Indemnity; ▇▇▇▇▇▇ ▇▇▇▇▇▇..............................................................................................................................................182 11.05 Marshalling; Payments Set Aside ......................................................................................................................................................184 11.06 Successors and Assigns......................................................................................................................................................................184 11.07 Treatment of Certain Information; Confidentiality............................................................................................................................189 11.08 Right of Setoff....................................................................................................................................................................................190 11.09
Other Collateral Matters. 124 #500021837_v16
Other Collateral Matters. 98 ARTICLE XI MISCELLANEOUS.......................................................................................................100 11.01
Other Collateral Matters