Powers of Enforcement. If an Event of Default has occurred and is continuing, the Trustee may upon being indemnified, secured and/or prefunded to its satisfaction by the ETP Securityholders , enforce the Security constituted by this Security Agreement by taking any one or more of the following actions: (i) exercise, in addition to all other rights and remedies granted to it in this Security Agreement and in any other instrument or agreement securing, evidencing or relating to the Secured Obligations, all rights and remedies available to a secured party under the UCC (whether or not in effect in the jurisdiction where such rights are exercised) with respect to the Collateral, and all rights under any applicable laws and enforce any other remedy available to the Trustee for itself as a trustee on behalf of the Secured Creditors at law or in equity (including, without limiting the foregoing, a power of sale and a right of appropriation, where applicable); and (ii) without being required to give any notice, except as herein provided or as may be required by mandatory provisions of law, take possession of and/or realise all or part of the assets over which the Security constituted by this Security Agreement shall have become enforceable and may in its discretion, sell, call in, collect and convert into money all or part of such assets, in such manner, at such time and on such terms as it thinks fit.
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Samples: Security Agreement, Security Agreement, Security Agreement
Powers of Enforcement. If an Event of Default has occurred and is continuing, the Trustee may upon being indemnified, secured and/or prefunded to its satisfaction by the ETP Securityholders Securityholders, enforce the Security constituted by this Security Agreement by taking any one or more of the following actions:
(i) exercise, in addition to all other rights and remedies granted to it in this Security Agreement and in any other instrument or agreement securing, evidencing or relating to the Secured Obligations, all rights and remedies available to a secured party under the UCC (whether or not in effect in the jurisdiction where such rights are exercised) with respect to the Collateral, and all rights under any applicable laws and enforce any other remedy available to the Trustee for itself as a trustee on behalf of the Secured Creditors at law or in equity (including, without limiting the foregoing, a power of sale and a right of appropriation, where applicable); and
(ii) without being required to give any notice, except as herein provided or as may be required by mandatory provisions of law, take possession of and/or realise all or part of the assets over which the Security constituted by this Security Agreement shall have become enforceable and may in its discretion, sell, call in, collect and convert into money all or part of such assets, in such manner, at such time and on such terms as it thinks fit.
Appears in 1 contract
Samples: Security Agreement
Powers of Enforcement. If an Event of Default has occurred When, and is continuingat any time after, the Trustee may upon being indemnified, secured and/or prefunded to its satisfaction by the ETP Securityholders , enforce the Security constituted security interests created by this Security Agreement by taking any one or more become enforceable in accordance with section 3 (Enforcement) of this Security Agreement, the following actionsTrustee shall be entitled, without notice, immediately:
(ia) exerciseto hold, sell or otherwise dispose of all or any of the Collateral on an arm’s length basis at any time and in addition a commercially reasonable manner upon such terms as the Trustee shall in its absolute discretion determine: or
(b) to collect, recover or compromise and to give a good discharge for any moneys payable to the Issuer in respect of any of the Collateral; or
(c) to apply or appropriate the Collateral in or towards the payment or discharge of any amounts payable by the Issuer with respect to any Secured Obligations then due in such order as the Trustee sees fit; or
(d) secure and perfect its title to all other rights and remedies granted to it or any part of the Collateral (including transferring the same into the name of the Trustee or its nominee(s)) or otherwise exercise in this Security Agreement and in any other instrument or agreement securing, evidencing or relating relation to the Secured Obligations, Collateral all the rights and remedies available to a secured party under the UCC of an absolute owner; or
(e) whether or not in effect in it has appointed a receiver, under the jurisdiction where such rights are exercised) with respect to the CollateralLaw of Property Xxx 0000 (a “Receiver”), and exercise all rights under or any applicable laws and enforce any other remedy available to the Trustee for itself as a trustee on behalf of the Secured Creditors at law powers, authorisations and discretions conferred by the Law of Property Xxx 0000 (as varied or in equity (including, without limiting the foregoing, a power of sale extended by this Security Agreement) on chargees and a right of appropriation, where applicable); and
(ii) without being required to give any notice, except as herein provided or as may be required by mandatory provisions of law, take possession of and/or realise all or part of the assets over which the Security constituted by this Security Agreement shall have become enforceable and may in its discretion, sell, call in, collect and convert into money all on any Receiver or part of such assets, in such manner, at such time and otherwise conferred by law on such terms as it thinks fitchargees or a Receiver.
Appears in 1 contract
Samples: Security Agreement