Common use of Other Rights of the Collateral Agent Clause in Contracts

Other Rights of the Collateral Agent. (a) If any Event of Default has occurred and is continuing, the Collateral Agent, instead of exercising the power of sale conferred upon it pursuant to Section 6.02, may proceed by a suit or suits at law or in equity to foreclose the Security Interests and sell the Collateral, or any portion thereof, under a judgment or decree of a court or courts of competent jurisdiction, and may in addition institute and maintain such suits and proceedings as the Collateral Agent may deem appropriate to protect and enforce the rights vested in it by this Agreement. (b) If any Event of Default has occurred and is continuing, the Collateral Agent shall, to the extent permitted by applicable law, without notice to any Credit Party or any party claiming through any Credit Party, without regard to the solvency or insolvency at such time of any Person then liable for the payment of any of the Finance Obligations, without regard to the then value of the Collateral and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Collateral Agent) of the Collateral or any part thereof, and of the profits, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the profits, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Credit Party irrevocably consents to the appointment of such receiver or receivers and to the entry of such order.

Appears in 2 contracts

Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)

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Other Rights of the Collateral Agent. (a) If any Event of Default has occurred and is continuing, subject to Section 8.02(e) of the Credit Agreement, the Collateral Agent, instead of exercising the power of sale conferred upon it pursuant to this Section 6.026.05, may proceed by a suit or suits at law Law or in equity to foreclose the Security Interests Interest and sell the Collateral, or any portion thereof, under a judgment or decree of a court or courts of competent jurisdiction, and may in addition institute and maintain such suits and proceedings as the Collateral Agent may deem appropriate to protect and enforce the rights vested in it by this Agreement. (b) If any Event of Default has occurred and is continuing, subject to Section 8.02(e) of the Credit Agreement, the Collateral Agent shall, to the extent permitted by applicable lawLaw, without notice to any Credit Loan Party or any party claiming through any Credit Loan Party, without regard to the solvency or insolvency at such time of any Person then liable for the payment of any of the Finance Obligations, without regard to the then value of the Collateral and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Collateral Agent) of the Collateral or any part thereof, and of the profits, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the profits, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Finance Parties, and each Credit Loan Party irrevocably consents to the appointment of such receiver or receivers and to the entry of such order.

Appears in 1 contract

Samples: Pledge Agreement (Sbarro Express LLC)

Other Rights of the Collateral Agent. (a) If any Remedies Event of Default has occurred and is continuing, the Collateral Agent, instead of exercising the power of sale conferred upon it pursuant to Section 6.026.2, may proceed by a suit or suits at law or in equity to foreclose the Security Interests and sell the CollateralCollateral to satisfy any Obligations then due and payable, or any portion thereof, under a judgment or decree of a court or courts of competent jurisdiction, and may in addition institute and maintain such suits and proceedings as the Collateral Agent may deem appropriate to protect and enforce the rights vested in it by this Agreement. (b) If any Remedies Event of Default has occurred and is continuing, the Collateral Agent shall, to the extent permitted by applicable lawLaw, without notice to any Credit Party the Pledgor or any party claiming through any Credit Partythe Pledgor, without regard to the solvency or insolvency at such time of any Person then liable for the payment of any of the Finance Obligations, without regard to the then value of the Collateral and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Collateral Agent) of the Collateral or any part thereof, and of the profits, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the profits, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Credit Party the Pledgor irrevocably consents to the appointment of such receiver or receivers and to the entry of such order.

Appears in 1 contract

Samples: Transaction Agreement (Apollo Global Management LLC)

Other Rights of the Collateral Agent. (a) If any Event of Default has occurred and is continuing, the Collateral Agent, instead of exercising the power of sale conferred upon it pursuant to Section 6.026.02 hereof, may proceed by a suit or suits at law or in equity to foreclose the Security Interests and sell the Collateral, or any portion thereof, under a judgment or decree of a court or courts of competent jurisdiction, and may in addition institute and maintain such suits and proceedings as the Collateral Agent may deem appropriate to protect and enforce the rights vested in it by this Agreement. (b) If any Event of Default has occurred and is continuing, the Collateral Agent shall, to the extent permitted by applicable lawLaw, without notice to any Credit Loan Party or any party claiming through any Credit Loan Party, without regard to the solvency or insolvency at such time of any Person then liable for the payment of any of the Finance Obligations, without regard to the then value of the Collateral and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Collateral Agent) of the Collateral or any part thereof, and of the profits, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the profits, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Credit Loan Party irrevocably consents to the appointment of such receiver or receivers and to the entry of such order.

Appears in 1 contract

Samples: Pledge Agreement (Life Technologies Corp)

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Other Rights of the Collateral Agent. (a) If any Event of Default has occurred and is continuing, subject to Section 8.02(e) of the Credit Agreement and the terms of the Intercreditor Agreement, the Collateral Agent, instead of exercising the power of sale conferred upon it pursuant to this Section 6.026.05, may proceed by a suit or suits at law Law or in equity to foreclose the Security Interests Interest and sell the Collateral, or any portion thereof, under a judgment or decree of a court or courts of competent jurisdiction, and may in addition institute and maintain such suits and proceedings as the Collateral Agent may deem appropriate to protect and enforce the rights vested in it by this Agreement. (b) If any Event of Default has occurred and is continuing, subject to Section 8.02(e) of the Credit Agreement and the terms of the Intercreditor Agreement, the Collateral Agent shall, to the extent permitted by applicable lawLaw, without notice to any Credit Loan Party or any party claiming through any Credit Loan Party, without regard to the solvency or insolvency at such time of any Person then liable for the payment of any of the Finance Credit Obligations, without regard to the then value of the Collateral and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Collateral Agent) of the Collateral or any part thereof, and of the profits, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the profits, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the First Lien Collateral Agent and the Secured First Lien Finance Parties, or the Collateral Agent and the Credit Parties, as applicable, subject to the terms of the Intercreditor Agreement, and each Credit Loan Party irrevocably consents to the appointment of such receiver or receivers and to the entry of such order.

Appears in 1 contract

Samples: Pledge Agreement (Sbarro Inc)

Other Rights of the Collateral Agent. (a) If any Event of Default has occurred and is continuing, the Collateral Agent, instead of exercising the power of sale conferred upon it pursuant to Section 6.026.03, may proceed by a suit or suits at law or in equity to foreclose the Security Interests Interest and sell the Pledged Collateral, or any portion thereof, under a judgment or decree of a court or courts of competent jurisdiction, and may in addition institute and maintain such suits and proceedings as the Collateral Agent may deem appropriate to protect and enforce the rights vested in it by this Agreement. (b) If any Event of Default has occurred and is continuing, the Collateral Agent shall, to the extent permitted by applicable lawLaw, without notice to any Credit Loan Party or any party claiming through any Credit Loan Party, without regard to the solvency or insolvency at such time of any Person then liable for the payment of any of the Finance Obligations, without regard to the then value of the Pledged Collateral and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Collateral Agent) of the Pledged Collateral or any part thereof, and of the profits, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the profits, revenues and other income of the property constituting the whole or any part of the Pledged Collateral be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured PartiesAgent, and each Credit Loan Party irrevocably consents to the appointment of such receiver or receivers and to the entry of such order.

Appears in 1 contract

Samples: Pledge Agreement (Verifone Systems, Inc.)

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