Common use of Remedies Application of Proceeds Clause in Contracts

Remedies Application of Proceeds. (a) The Collateral Agent shall have, in addition to any other rights given under this Pledge Agreement or by law, all of the rights and remedies with respect to the Pledged Collateral of a secured party under the Uniform Commercial Code as in effect in the State of New York. In addition, upon the occurrence and during the continuance of an Event of Default, the Collateral Agent shall have such powers of sale and other powers as may be conferred by applicable law. With respect to the Pledged Collateral or any part thereof which shall then be in or shall thereafter come into the possession or custody of the Collateral Agent or which the Collateral Agent shall otherwise have the ability to transfer under applicable law, the Collateral Agent may, in its sole discretion, without notice except as specified below, after the occurrence of an Event of Default, sell or cause the same to be sold at any exchange, broker's board or at public or private sale, in one or more sales or lots, at such price as the Collateral Agent may reasonably deem best, for cash or on credit or for future delivery, without assumption of any credit risk, and the purchaser of any or all of the Pledged Collateral so sold shall thereafter own the same, absolutely free from any claim, encumbrance or right of any kind whatsoever. Any Secured Party may, in its own name, or in the name of a designee or nominee, buy the Pledged Collateral at any public sale and, if permitted by applicable law, buy the Pledged Collateral at any private sale. In the event of a sale of any Collateral, or any part thereof, to a Secured Party upon the occurrence and during the continuance of an Event of Default, such Secured Party shall not deduct or offset from any part of the purchase price to be paid therefor any indebtedness owing to it by the Pledgor. The Pledgor will pay to the Collateral Agent all reasonable expenses (including, without limitation, court costs and reasonable attorneys' and paralegals' fees and expenses) of, or incidental to, the enforcement of any of the provisions hereof. The Collateral Agent agrees to distribute any proceeds of the sale of the Pledged Collateral in accordance with the Credit Agreement (including, without limitation, Section 3.02 thereof) and the Pledgor shall remain liable for any deficiency following the sale of the Pledged Collateral.

Remedies Application of Proceeds. (a) The Collateral Administrative Agent shall have, in addition to any other rights given under this Pledge Agreement or by law, all of the rights and remedies with respect to the Pledged Collateral of a secured party under the Uniform Commercial Code as in effect in the State of New YorkCode. In addition, upon the occurrence and during the continuance of an Event of Default, the Collateral Administrative Agent shall have such powers of sale and other powers as may be conferred by applicable law. With respect to the Pledged Collateral or any part thereof which shall then be in or shall thereafter come into the possession or custody of the Collateral Administrative Agent or which the Collateral Administrative Agent shall otherwise have the ability to transfer under applicable law, the Collateral Administrative Agent may, in its sole discretion, without notice except as specified below, after the occurrence and during the continuance of an Event of Default, sell or cause the same to be sold at any exchange, broker's ’s board or at public or private sale, in one or more sales or lots, at such price as the Collateral Administrative Agent may reasonably deem best, for cash or on credit or for future delivery, without assumption of any credit risk, and the purchaser of any or all of the Pledged Collateral so sold shall thereafter own the same, absolutely free from any claim, encumbrance or right of any kind whatsoever. Any Secured Party may, in its own name, or in the name of a designee or nominee, buy the Pledged Collateral at any public sale and, if permitted by applicable law, buy the Pledged Collateral at any private sale. In the event of a sale of any Pledged Collateral, or any part thereof, to a Secured Party upon the occurrence and during the continuance of an Event of Default, such Secured Party shall not deduct or offset from any part of the purchase price to be paid therefor any indebtedness owing to it by the such Pledgor. The Such Pledgor will pay to the Collateral Administrative Agent all reasonable expenses (including, without limitation, court costs and reasonable attorneys' ’ and paralegals' ’ fees and expenses) of, or incidental to, the enforcement of any of the provisions hereof. The Collateral Administrative Agent agrees to distribute any proceeds of the sale of the Pledged Collateral in accordance with the Credit Agreement (including, without limitation, Section 3.02 thereof) and the Pledgor shall remain liable for any deficiency following the sale of the Pledged CollateralAgreement.

Remedies Application of Proceeds. (a) The Collateral Agent shall have, in addition to any other rights given under this Pledge Agreement or by law, all of the rights and remedies with respect to the Pledged Collateral of a secured party under the Uniform Commercial Code as in effect in the State of New York. In addition, upon the occurrence and during the continuance continuation of an Event of DefaultDefault set forth in SECTION 12(a) of the Credit Agreement or upon acceleration of the Obligations, the Collateral Administrative Agent shall have such powers of sale and other powers as may be conferred by applicable law. With respect to the Pledged Collateral or any part thereof which shall then be in or shall thereafter come into the possession or custody of the Collateral Agent or which the Collateral Agent shall otherwise have the ability to transfer under applicable law, the Collateral Agent may, in its sole discretion, without notice except as specified below, after the occurrence and during the continuation of an Event of DefaultDefault set forth in SECTION 12(a) of the Credit Agreement or upon acceleration of the Obligations of the Borrowers, sell or cause the same to be sold at any exchange, broker's board or at public or private sale, in one or more sales or lots, at such price as the Collateral Agent may reasonably deem best, for cash or on credit or for future delivery, without assumption of any credit risk, and the purchaser of any or all of the Pledged Collateral so sold shall thereafter own the same, absolutely free from any claim, encumbrance or right of any kind whatsoever. Any Secured Party The Agents and any Lender may, in its own name, or in the name of a designee or nominee, buy the such Pledged Collateral at any public sale and, if permitted by applicable law, buy the such Pledged Collateral at any private sale. In the event of a sale of any Collateral, or any part thereof, to a Secured Party Lender or the Agents upon the occurrence and during the continuance continuation of an Event of DefaultDefault set forth in SECTION 12(a) of the Credit Agreement or upon acceleration of the Obligations, such Secured Party Lender or the Agents, as the case may be, shall not deduct or offset from any part of the purchase price to be paid therefor any indebtedness owing to it by the Pledgor. The Pledgor will pay to the Collateral Agent Agents all reasonable expenses (including, without limitation, court costs and reasonable attorneys' and paralegals' fees and expenses) of, or incidental to, the enforcement of any of the provisions hereof. The Collateral Agent agrees to distribute any proceeds of the sale of the Pledged Collateral in accordance with the Credit Agreement (including, without limitation, Section 3.02 thereof) and the Pledgor shall remain liable for any deficiency following the sale of the Pledged Collateral.

Remedies Application of Proceeds. (a) The Subject to the restrictions set forth in the Collateral Agency Agreement among Hexcel Corporation and the Agents, the Collateral Agent shall have, in addition to any other rights given under this Pledge Agreement or by law, all of the rights and remedies with respect to the Pledged Collateral of a secured party under the Uniform Commercial Code as in effect in the State of New York. In addition, upon the occurrence and during the continuance continuation of an Event of DefaultDefault set forth in SECTION 12(a) of the Credit Agreement or upon acceleration of the Obligations, the Collateral Administrative Agent shall have such powers of sale and other powers as may be conferred by applicable law. With respect to the Pledged Collateral or any part thereof which shall then be in or shall thereafter come into the possession or custody of the Collateral Agent or which the Collateral Agent shall otherwise have the ability to transfer under applicable law, the Collateral Agent may, in its sole discretion, without notice except as specified below, after the occurrence and during the continuation of an Event of DefaultDefault set forth in SECTION 12(a) of the Credit Agreement or upon acceleration of the Obligations of the Borrowers, sell or cause the same to be sold at any exchange, broker's board or at public or private sale, in one or more sales or lots, at such price as the Collateral Agent may reasonably deem best, for cash or on credit or for future delivery, without assumption of any credit risk, and the purchaser of any or all of the Pledged Collateral so sold shall thereafter own the same, absolutely free from any claim, encumbrance or right of any kind whatsoever. Any Secured Party The Agents and any Lender may, in its own name, or in the name of a designee or nominee, buy the such Pledged Collateral at any public sale and, if permitted by applicable law, buy the such Pledged Collateral at any private sale. In the event of a sale of any Collateral, or any part thereof, to a Secured Party Lender or the Agents upon the occurrence and during the continuance continuation of an Event of DefaultDefault set forth in SECTION 12(a) of the Credit Agreement or upon acceleration of the Obligations, such Secured Party Lender or the Agents, as the case may be, shall not deduct or offset from any part of the purchase price to be paid therefor any indebtedness owing to it by the Pledgor. The Pledgor will pay to the Collateral Agent Agents all reasonable expenses (including, without limitation, court costs and reasonable attorneys' and paralegals' fees and expenses) of, or incidental to, the enforcement of any of the provisions hereof. The Collateral Agent agrees to distribute any proceeds of the sale of the Pledged Collateral in accordance with the Credit Agreement (including, without limitation, Section 3.02 thereof) and the Pledgor shall remain liable for any deficiency following the sale of the Pledged Collateral.

Remedies Application of Proceeds. (a) The Collateral Administrative Agent shall have, in addition to any other rights given under this Pledge Agreement or by law, all of the rights and remedies with respect to the Pledged Collateral of a secured party under the Uniform Commercial Code as in effect in the State of New York. In addition, upon the occurrence and during the continuance continuation of an Event of DefaultDefault set forth in Section 11.01(a) of the Credit Agreement or upon acceleration of the Obligations, the Collateral Administrative Agent shall have such powers of sale and other powers as may be conferred by applicable law. With respect to the Pledged Collateral or any part thereof which shall then be in or shall thereafter come into the possession or custody of the Collateral Administrative Agent or which the Collateral Administrative Agent shall otherwise have the ability to transfer under applicable law, the Collateral Administrative Agent may, in its sole discretion, without notice except as specified below, after the occurrence and during the continuation of an Event of DefaultDefault set forth in Section 11.01(a) of the Credit Agreement or upon acceleration of the Obligations, sell or cause the same to be sold at any exchange, broker's board or at public or private sale, in one or more sales or lots, at such price as the Collateral Administrative Agent may reasonably deem best, for cash or on credit or for future delivery, without assumption of any credit risk, and the purchaser of any or all of the Pledged Collateral so sold shall thereafter own the same, absolutely free from any claim, encumbrance or right of any kind whatsoever. Any Secured Party The Administrative Agent, any Lender, any Issuing Bank, the European Administrative Agent and the Syndication Agent may, in its own name, or in the name of a designee or nominee, buy the such Pledged Collateral at any public sale and, if permitted by applicable law, buy the such Pledged Collateral at any private sale. In the event of a sale of any Collateral, or any part thereof, to a Secured Party Lender, an Issuing Bank, the European Administrative Agent, the Syndication Agent or the Administrative Agent upon the occurrence and during the continuance continuation of an Event of DefaultDefault set forth in Section 11.01(a) of the Credit Agreement or upon acceleration of the Obligations, such Secured Party Lender, such Issuing Bank, the European Administrative Agent, the Syndication Agent or the Administrative Agent, as the case may be, shall not deduct or offset from any part of the purchase price to be paid therefor any indebtedness owing to it by the Pledgor. The Pledgor will pay to the Collateral Administrative Agent all reasonable expenses (including, without limitation, court costs and reasonable attorneys' and paralegals' fees and expenses) of, or incidental to, the enforcement of any of the provisions hereof. The Collateral Administrative Agent agrees to distribute any proceeds of the sale of the Pledged Collateral in accordance with the Credit Agreement (including, without limitation, Section 3.02 thereof) and the Pledgor shall remain liable for any deficiency following the sale of the Pledged Collateral.