Right to Initiate Judicial Proceedings, Etc. If and only if the ------------------------------------------- Collateral Trustee shall have received a Notice of Actionable Default and during such time as such Notice of Actionable Default shall not have been withdrawn in accordance with the provisions of Section 3.1(b), (i) the Collateral Trustee shall have the right and power to institute and maintain such suits and proceedings as it may be directed in writing by the Lender or the Indenture Trustee pursuant to Section 3.2(a) and (ii) the Collateral Trustee may, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights to foreclose upon the Collateral and to sell all or, from time to time, any of the Trust Estate under the judgment or decree of a court of competent jurisdiction.
Appears in 1 contract
Right to Initiate Judicial Proceedings, Etc. If and only if ------------------------------------------- the ------------------------------------------- Collateral Trustee Agent shall have received a Notice of Actionable Default and during such time as such Notice of Actionable Default shall not have been withdrawn in accordance with the provisions of Section 3.1(b)) hereof, (i) the -------------- Collateral Trustee Agent shall have the right and power to institute and maintain such suits and proceedings as it may be directed deem appropriate to protect and enforce the rights vested in writing it by this Agreement and the Lender or the Indenture Trustee pursuant to Section 3.2(a) Collateral Documents, and (ii) the Collateral Trustee Agent may, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights and to foreclose upon the Collateral Collateral, either judicially or non-judicially, and to sell all or, from time to time, any of the Trust Estate Collateral under the judgment or decree of a court of competent jurisdiction.
Appears in 1 contract
Samples: Secured Credit Agreement (System Software Associates Inc)
Right to Initiate Judicial Proceedings, Etc. If and only -------------------------------------------- if the ------------------------------------------- Collateral Trustee shall have received a Notice of Actionable Default and during such time as such Notice of Actionable Default shall not have been withdrawn in accordance with the provisions of Section 3.1(b), (i) the Collateral Trustee shall have the right and power to institute and maintain such suits and proceedings as it may be directed in writing by the Lender or the Indenture Trustee pursuant to Section 3.2(a) and (ii) the Collateral Trustee may, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights to foreclose upon the Collateral and to sell all or, from time to time, any of the Trust Estate under the judgment or decree of a court of competent jurisdiction.
Appears in 1 contract
Right to Initiate Judicial Proceedings, Etc. If and only if the ------------------------------------------- Collateral Trustee shall have received a Notice of Actionable Default and during such time as such Notice of Actionable Default shall not have been withdrawn in accordance with the provisions of Section 3.1(b), (i) the Collateral Trustee shall have the right and power to institute and maintain such suits and proceedings as it may be directed in writing by the Lender or the Indenture Trustee pursuant to Section 3.2(a) and (ii) the Collateral Trustee may, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights to foreclose upon the Collateral and to sell all or, from time to time, any of the Trust Estate under the judgment or decree of a court of competent jurisdiction.
Appears in 1 contract
Right to Initiate Judicial Proceedings, Etc. If and only if the ------------------------------------------- Collateral Trustee shall have received a Notice of Actionable Default and during such time as such Notice of Actionable Default shall not have been withdrawn in accordance with the provisions of Section 3.1(b3.2(b), (i) the Collateral Trustee shall have the right and power to institute and maintain such suits and proceedings as it may be directed in writing by the Lender or the Indenture Trustee pursuant to Section 3.2(a3.1(a) and Section 3.1(b) and (ii) the Collateral Trustee may, either after entry or without entry, proceed by suit or suits at law or in equity to enforce such rights to foreclose upon the Shared Collateral and to sell all or, from time to time, any of the Trust Estate under the judgment or decree of a court of competent jurisdiction.
Appears in 1 contract