Remedies of Collateral Agent. If an Event of Default shall have occurred and is continuing, Collateral Agent may, at its option, and shall, as directed by the Required Lenders, with or without notice to any Loan Party, exercise any of the following remedies with respect to any or all Collateral, Specified Collateral and Loan Documents:
(i) proceed at law or in equity to enforce specifically performance by the Loan Parties or recover damages, including all rights available to Collateral Agent or the Lender under the UCC with respect to any Collateral or Specified Collateral, including, without limitation any Digital Assets of the Borrowers (whether or not the UCC applies to the affected Collateral);
(ii) require the Loan Parties to promptly assemble, make available and if requested by Collateral Agent, deliver all Mined Cryptocurrency related to the Equipment and constituting Collateral, along with any and all other Collateral and Specified Collateral in any Borrower’s possession to Collateral Agent at a time and place designated by Collateral Agent; and take such actions as Collateral Agent may request to grant Collateral Agent exclusive access and control over any Digital Asset wallet of the Borrowers or other Digital Asset platforms where any of the Borrowers store or house (or where any other person houses or stores on their behalf) any Digital Assets that are Collateral hereunder;
(iii) enter, occupy and use any premises, with or without judicial process, where all or any part of the Collateral, Specified Collateral or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or Specified Collateral or the books and records relating thereto, or both, and to operate or conduct sales of the Collateral or Specified Collateral, without any obligation to pay the Loan Parties or any of their Subsidiaries or Affiliates for such use and occupancy;
(iv) use the Loan Parties’ premises for storage without rent or liability;
(v) dispose of Mined Cryptocurrency, any other Digital Asset that constitutes Collateral, and other Collateral or Specified Collateral at private or public sale, in bulk or in parcels, whether Collateral is present at such sale and with or without notice except to the extent required by applicable law, and if notice is required by law such requirements of reasonable notice shall be met if such notice is mailed to the Bo...
Remedies of Collateral Agent. To authorize, approve and direct the Collateral Agent with respect to the exercise of any and all rights, powers and remedies available to the Collateral Agent pursuant to the applicable Collateral Agreement and applicable law in connection with the realization on the security interest in the collateral thereunder, the exercise of any powers of attorney thereunder or otherwise.
Remedies of Collateral Agent. Upon the occurrence of any Event of Default, the Collateral Agent may in the Collateral Agent's sole discretion, without further notice to the Pledgors:
a. register in the Company's name any of the Pledged Shares which the Collateral Agent reasonably determines shall be in an amount of such shares necessary to satisfy the then-matured obligations of the Company arising under the Notes; and
b. sell or otherwise dispose of the Pledged Shares which the Collateral Agent reasonably determines shall be in an amount of such shares necessary to satisfy the Company's then-matured obligations arising under the Notes in accordance with Section 7 hereof.
Remedies of Collateral Agent. If the Security becomes enforceable in accordance with Article 5, the Collateral Agent shall have the rights set out in this Article 6.
Remedies of Collateral Agent. If an Event of Default shall have occurred and is continuing, Collateral Agent may, at its option, and shall, as directed by the Required Lenders, with or without notice to any Borrower, exercise any of the following remedies with respect to any or all Collateral, Specified Collateral and/or Loan Documents:
(i) proceed at law or in equity to enforce specifically Loan Parties’ performance or recover damages, including all rights available to Collateral Agent or Lender under the UCC with respect to any Collateral or Specified Collateral, including, without limitation any Digital Assets (whether or not the UCC applies to the affected Collateral);
(ii) require any Borrower to immediately assemble, make available and if requested by Collateral Agent, deliver all Mined Cryptocurrency related to the Equipment and all other Collateral and Specified Collateral in such Borrower’s possession to Collateral Agent at a time and place designated by Collateral Agent; and take such actions as Collateral Agent may request to grant Collateral Agent exclusive access and control over any Digital Asset wallet or other Digital Asset platforms where any Loan Party (or their Subsidiaries and/or Affiliates) stores or houses (or where any other person houses or stores on their behalf) any Digital Assets that are Collateral hereunder;
(iii) enter, occupy and use any premises, with or without judicial process, where all or any part of the Collateral, Specified Collateral or the books and records relating thereto, or both, are located, to take possession of all or any part of the Collateral or the books and records relating thereto, or both, to remove all or any part of the Collateral or Specified Collateral or the books and records relating thereto, or both, and to operate or conduct sales of the Collateral or Specified Collateral, without any obligation to pay any Loan Party (or their Subsidiaries and/or Affiliates) for such use and occupancy;
(iv) use any Loan Party’s premises for storage without rent or liability;
(v) dispose of Mined Cryptocurrency, any other Digital Asset, and other Collateral or Specified Collateral at private or public sale, in bulk or in parcels, whether Collateral is present at such sale and with or without notice except to the extent required by applicable law, and if notice is required by law such requirements of reasonable notice shall be met if such notice is mailed to any Borrower at its address set forth on the first page hereof or to the most current a...
Remedies of Collateral Agent. If an Event of Default under the Instrument or the Credit Agreement shall have occurred and be continuing, Assignor, upon demand of Collateral Agent, shall forthwith surrender to Collateral Agent the actual possession of the Property and if, and to the extent, permitted by law, Collateral Agent itself, or by such officers or agents as it may appoint, may enter and take possession of all the Property without the appointment of a receiver, or an application therefor, and may exclude Assignor and its agents and employees wholly therefrom, and may have joint access with Assignor to the books, papers and accounts of Assignor pertaining to the Property. If Assignor shall for any reason fail to surrender or deliver the Property or any part thereof after such demand by Collateral Agent, 125 133 Collateral Agent may obtain a judgment or decree conferring upon Collateral Agent the right to immediate possession or requiring Assignor to deliver immediate possession of the Property to Collateral Agent, to the entry of which judgment or decree Assignor hereby specifically consents. Upon every such entering upon or taking of possession, Collateral Agent may hold, store, use, operate, manage and control the Property and conduct the business thereof, and, from time to time (a) make all necessary and proper maintenance, repairs, renewals, replacements, additions, betterments and improvements thereto and thereon and purchase or otherwise acquire additional fixtures, personalty and other property; (b) insure or keep the Property insured; (c) manage and operate the Property and exercise all the rights and powers of Assignor to the same extent as Assignor could in its own name or otherwise with respect to the same; and (d) enter into any and all agreements with respect to the exercise by others of any of the powers herein granted Collateral Agent, all as Collateral Agent from time to time may determine to be in its best interest, including, without limitation, the modification, enforcement, cancellation or acceptance of surrender of any Assigned Leases now in effect or hereafter in effect on the Property or any part thereof; the removal and eviction of any sublessee, and; any increases or decreases in Rents. Collateral Agent may collect and receive all the Rents, including those past due as well as those accruing thereafter, and, after deducting (i) all expenses of taking, holding, managing and operating the Property (including compensation for the services of all persons emplo...
Remedies of Collateral Agent. Sale of Collateral
Remedies of Collateral Agent. At any time after an Event of Default occurs and is continuing, the Collateral Agent has the right, subject to compliance with any regulatory requirements of any applicable Governmental Rule, to do any or all of the following:
Remedies of Collateral Agent. Upon the occurrence of a Major Default, Collateral Agent shall have the rights and remedies set forth herein and in the Mortgages and other Security Instruments, including without limitation, the right, upon the direction of any Directing Creditor, to foreclose upon and sell any or all of the Collateral Projects. Whether or not the Collateral Agent exercises any such right, upon the occurrence of any Major Default and following the acceleration of any part of the Secured Obligations, the Collateral Agent on behalf of the Secured Creditors shall have as to any Collateral, all other rights and remedies provided for herein and in the Security Instruments, and all rights and remedies of a secured party under the New York Uniform Commercial Code and, in addition thereto and not in lieu thereof, all other rights or remedies at law or in equity existing or conferred upon the Collateral Agent on behalf of the Secured Creditors by other jurisdictions or other applicable law or given to the Collateral Agent on behalf of the Secured Creditors pursuant to the Security Instruments, including any security agreement or other instrument or agreement heretofore, now, or hereafter given as security for the Borrower's obligations hereunder.
Remedies of Collateral Agent. 10.1 Whenever the security granted pursuant to this Guarantee and Security Agreement shall have become enforceable, and so long as it shall remain enforceable, the Collateral Agent may forthwith and without further notice, proceed to realise such security and to enforce its rights b:
(a) entry;
(b) the appointment by instrument in writing of a receiver or receivers of the Collateral or any part thereof (which receiver or receivers may be any person or persons, whether an officer or officers or employee or employees of the Collateral Agent or not and the Collateral Agent may remove any receiver or receivers so appointed and appoint another or others in his or their stead);
(c) proceedings in any court of competent jurisdiction for the appointment of a receiver or receivers or for sale of the Collateral or any part thereof; or
(d) any other action, suit, remedy or proceeding authorised or permitted hereby or by law or by equity.
10.2 In addition, the Collateral Agent may file such proofs of claim and other documents as may be necessary or advisable in order to have its claim lodged in any bankruptcy, winding-up or other judicial proceedings relating to the Company.
