Other Collateral Matters. 152 9.12. Right to Perform, Preserve and Protect 153 9.13. Credit Product Providers and Credit Product Arrangements 153 9.14. Designation of Additional Agents 154 9.15. Authorization to Enter into Intercreditor Agreements and Subordination Agreements 154 9.16. Recovery of Erroneous Payments 154 ARTICLE X MISCELLANEOUS 155
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. 124 #500021837_v16
Other Collateral Matters. 138 10.12 Credit Product Arrangement Provisions. 138
Other Collateral Matters. 98 ARTICLE XI MISCELLANEOUS.......................................................................................................100 11.01
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. 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; Xxxxxx Xxxxxx..............................................................................................................................................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. (a) Until the Senior Debt is Paid in Full, Subordinated Creditor shall take reasonable direction from First Lien Collateral Agent as to any Collateral in its possession or control, so long as (i) such direction would not, in Subordinated Creditor’s reasonable determination, result in any liability of Subordinated Creditor to any Person (or Subordinated Creditor receives indemnification from First Lien Collateral Agent and Senior Lenders with respect to any possible claim that is satisfactory to Subordinated Creditor) and (ii) Subordinated Creditor is reimbursed in cash by the Company (which the Company hereby agrees to do) or the First Lien Collateral Agent for all Subordinated Debt Costs and Expenses pertaining thereto.
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.
Other Collateral Matters
