Common use of Right to Initiate Judicial Proceedings Clause in Contracts

Right to Initiate Judicial Proceedings. If a Notice of Acceleration is in effect, the Collateral Trustee, upon the direction of the Directing Parties, as provided herein, and otherwise subject to the provisions of Section 2.5(b) and Section 5: (i) shall have the right and power to institute and maintain such suits and proceedings as it may deem appropriate to protect and enforce the rights vested in it by this Agreement and each other Trust Security Document and (ii) 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 and to sell all or, from time to time, any of the Collateral under the judgment or decree of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Collateral Trust and Intercreditor Agreement (American Capital, LTD), Collateral Trust and Intercreditor Agreement (American Capital, LTD)

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Right to Initiate Judicial Proceedings. If a Notice of Acceleration has been received by the Collateral Trustee, is effective, and remains in effect, the Collateral Trustee, upon the direction of the Directing Parties, as provided herein, and otherwise subject to the provisions of Section 2.5(b) and Section 5: , (i) shall have the right and power to institute and maintain such suits and proceedings as it may deem appropriate to protect and enforce the rights vested in it by this Agreement and each other Trust Security Document and (ii) 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 and to sell all or, from time to time, any of the Collateral under the judgment or decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (General Motors Co)

Right to Initiate Judicial Proceedings. If a Notice of Acceleration is in effect, the Collateral TrusteeAgent, upon the direction of the Applicable Directing Parties, as provided herein, and otherwise subject to the provisions of Section 2.5(b) and Section 5: (i) shall have the right and power to institute and maintain such suits and proceedings as it may deem appropriate to protect and enforce the rights vested in it by this Agreement and each other Trust Security Document and (ii) 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 and to sell all or, from time to time, any of the Collateral under the judgment or decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (American Capital, LTD)

Right to Initiate Judicial Proceedings. If a an Applicable Notice of Acceleration Event of Default is in effect, the Collateral Trustee, upon the direction of the Directing Parties, as provided herein, and otherwise subject to the provisions of Section 2.5(b2.05(b) and Section 5: , (ia) shall have the right and power to institute and maintain such suits and proceedings as it may deem appropriate appropriate, or as it may be instructed by the Applicable Representative, to protect and enforce the rights vested in it by this Collateral Trust Agreement and each other Collateral Trust Security Document and (iib) 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 and to sell all or, from time to time, any of the Collateral under the judgment or decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Collateral Trust Agreement (Tenneco Inc)

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Right to Initiate Judicial Proceedings. If a Notice of Acceleration is in effect, the Collateral TrusteeAgent, upon the direction of the Applicable Directing Parties, as provided herein, and otherwise subject to the provisions of Section 2.5(b) ), Section 5 and Section 59: (i) shall have the right and power to institute and maintain such suits and proceedings as it may deem appropriate to protect and enforce the rights vested in it by this Agreement and each other Trust Security Document and (ii) 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 and to sell all or, from time to time, any of the Collateral under the judgment or decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (FS Energy & Power Fund)

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