Common use of Right to Enforce Agreement Clause in Contracts

Right to Enforce Agreement. (a) The Collateral Trustee shall have the exclusive right to manage, perform and enforce the terms of the Collateral Agreements with respect to the Collateral, to exercise and enforce all privileges and rights thereunder in respect of the Collateral according to its discretion exercised in good faith (notwithstanding any Default under the Senior Facilities Documents), including, without limitation, the exclusive right to administer, take or retake control or possession of any Collateral, to hold, prepare for sale, process, sell, lease, dispose of, or liquidate any Collateral, to foreclose or forbear from foreclosure in respect of any Collateral, seeking or not seeking relief from any stay against foreclosure or other remedies in any insolvency proceeding in respect of any Collateral and the acceptance of any Collateral in full or partial satisfaction of any indebtedness. Subject to Section 11.12, only the Collateral Trustee, acting as directed by an Act of Instructing Debtholders (as defined in the Intercreditor Agreement) and in accordance with the Senior Facilities Documents, shall have the right to restrict or permit, or approve or disapprove, the sale, transfer or other disposition of Collateral, in each case in connection with enforcement of foreclosure remedies under the Loan Documents. Any costs and expenses or other amounts paid or to be paid by the Collateral Trustee may be paid by the Lenders and shall constitute part of the Secured Obligations secured by the Collateral.

Right to Enforce Agreement. (a) The Collateral Trustee Agent shall have the exclusive right to manage, perform and enforce the terms of the Collateral Agreements Documents with respect to the Collateral, to exercise and enforce all privileges and rights thereunder in respect of the Collateral according to its discretion exercised in good faith (notwithstanding any Default under the Senior Facilities Documents), including, without limitation, the exclusive right to administer, take or retake control or possession of any Collateral, to hold, prepare for sale, process, sell, lease, dispose of, or liquidate any Collateral, to foreclose or forbear from foreclosure in respect of any Collateral, seeking or not seeking relief from any stay against foreclosure or other remedies in any insolvency proceeding in respect of any Collateral and the acceptance of any Collateral in full or partial satisfaction of any indebtedness. Subject to Section 11.12, only the Collateral TrusteeAgent, acting as directed by at the direction of the Administrative Agent and the Revolving Credit Agent (or, after the occurrence and during the continuation of an Act of Instructing Debtholders (as defined in Acceleration, the Intercreditor AgreementRequired Senior Lenders) and in accordance with the Senior Facilities Documents, shall have the right to restrict or permit, or approve or disapprove, the sale, transfer or other disposition of Collateral, in each case in connection with enforcement of its foreclosure remedies under the Loan Documents. Any costs and expenses or other amounts paid or to be paid by the Collateral Trustee Agent may be paid by the Senior Lenders and shall constitute part of the Secured Obligations secured by the Collateral.

Right to Enforce Agreement. (a) The Collateral Trustee Agent shall have the exclusive right to manage, perform and enforce the terms of the Collateral Agreements Documents with respect to the Collateral, to exercise and enforce all privileges and rights thereunder in respect of the Collateral according to its discretion exercised in good faith (notwithstanding any Default under the Senior Facilities Documents), including, without limitation, the exclusive right to administer, take or retake control or possession of any Collateral, to hold, prepare for sale, process, sell, lease, dispose of, or liquidate any Collateral, to foreclose or forbear from foreclosure in respect of any Collateral, seeking or not seeking relief from any stay against foreclosure or other remedies in any insolvency proceeding in respect of any Collateral and the acceptance of any Collateral in full or partial satisfaction of any indebtedness. Subject to Section 11.12, only the Collateral TrusteeAgent, acting as directed by at the direction of the Administrative Agent and the Term Loan Agent (or, after the occurrence and during the continuation of an Act of Instructing Debtholders (as defined in Acceleration, the Intercreditor AgreementRequired Senior Lenders) and in accordance with the Senior Facilities Documents, shall have the right to restrict or permit, or approve or disapprove, the sale, transfer or other disposition of Collateral, in each case in connection with enforcement of foreclosure remedies under the Loan Documents. Any costs and expenses or other amounts paid or to be paid by the Collateral Trustee Agent may be paid by the Lenders and shall constitute part of the Secured Obligations secured by the Collateral.