Common use of Right to Realize on Collateral Clause in Contracts

Right to Realize on Collateral. Anything contained in any of the Program Agreements to the contrary notwithstanding, Seller, Administrative Agent and each Buyer hereby agree that (i) no Buyer shall have any right individually to realize upon any of the Collateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Administrative Agent, on behalf of Buyer in accordance with the terms hereof and all powers, rights and remedies under the Program Agreements may be exercised solely by Administrative Agent, and (ii) in the event of a foreclosure by Administrative Agent on any of the Collateral pursuant to a public or private sale, Administrative Agent or any Buyer may be the purchaser of any or all of such Collateral at any such sale and Administrative Agent, as agent for and representative of Buyer (but not any Buyer in its or their respective individual capacities unless Buyer shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by Administrative Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Program Agreements Documents to the contrary notwithstanding, Seller, Administrative Agent and each Buyer hereby agree that (i) no Buyer shall have any right individually to realize upon any of the Collateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Administrative Agent, on behalf of Buyer Buyers in accordance with the terms hereof and all powers, rights and remedies under the Program Agreements Documents may be exercised solely by Administrative Agent, and (ii) in the event of a foreclosure by Administrative Agent on any of the Collateral pursuant to a public or private sale, Administrative Agent or any Buyer may be the purchaser of any or all of such Collateral at any such sale and Administrative Agent, as agent for and representative of Buyer Buyers (but not any Buyer or Buyers in its or their respective individual capacities unless Buyer Buyers shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by Administrative Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Program Agreements to the contrary notwithstanding, Seller, Administrative Agent and each Buyer hereby agree that (i) no Buyer shall have any right individually to realize upon any of the Collateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Administrative Agent, on behalf of Buyer Buyers in accordance with the terms hereof and all powers, rights and remedies under the Program Agreements may be exercised solely by Administrative Agent, and (ii) in the event of a foreclosure by Administrative Agent on any of the Collateral pursuant to a public or private sale, Administrative Agent or any Buyer may be the purchaser of any or all of such Collateral at any such sale and Administrative Agent, as agent for and representative of Buyer Buyers (but not any Buyer or Buyers in its or their respective individual capacities unless Buyer Buyers shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by Administrative Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Program Agreements Note Documents to the contrary notwithstanding, Sellerthe Company, Administrative the Collateral Agent and each Buyer Lender hereby agree that (ia) no Buyer Lender shall have any right individually to realize upon any of the Collateral, it being understood and agreed that all powers, rights and remedies hereunder under the Security Agreement may be exercised solely by Administrative the Collateral Agent, on behalf of Buyer the Lenders in accordance with the terms hereof and all powers, rights and remedies under the Program Agreements may be exercised solely by Administrative Agentthereof, and (iib) in the event of a foreclosure by Administrative the Collateral Agent on any of the Collateral pursuant to a public or private sale, Administrative the Collateral Agent or any Buyer Lender may be the purchaser of any or all of such Collateral at any such sale and Administrative the Collateral Agent, as agent for and representative of Buyer the Lenders (but not any Buyer Lender or Lenders in its or their respective individual capacities unless Buyer the Required Holders shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations obligations as a credit on account of the purchase price for any collateral payable by Administrative the Collateral Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Program Agreements to the contrary notwithstanding, SellerSellers, Administrative Agent and each Buyer hereby agree that (i) no Buyer shall have any right individually to realize upon any of the Collateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Administrative Agent, on behalf of Buyer Buyers in accordance with the terms hereof and all powers, rights and remedies under the Program Agreements may be exercised solely by Administrative Agent, and (ii) in the event of a foreclosure by Administrative Agent on any of the Collateral pursuant to a public or private sale, Administrative Agent or any Buyer may be the purchaser of any or all of such Collateral at any such sale and Administrative Agent, as agent for and representative of Buyer Buyers (but not any Buyer or Buyers in its or their respective individual capacities unless Buyer Buyers shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by Administrative Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Program Agreements Loan Documents to the contrary notwithstanding, SellerCompany, Administrative Agent and each Buyer Lender hereby agree that (i) no Buyer Lender shall have any right individually to realize upon any of the Collateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Administrative Agent, on behalf of Buyer Lenders in accordance with the terms hereof and all powers, rights and remedies under the Program Agreements Collateral Documents may be exercised solely by Administrative Agent, and (ii) in the event of a foreclosure by Administrative Agent on any of the Collateral pursuant to a public or private salesale or any sale of the Collateral in a case under the Bankruptcy Code, Administrative Agent or any Buyer Lender may be the purchaser of any or all of such Collateral at any such sale and Administrative Agent, as agent for and representative of Buyer Secured Parties (but not any Buyer Lender or Lenders in its or their respective individual capacities unless Buyer Required Lenders shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by Administrative Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Program Agreements Transaction Documents to the contrary notwithstanding, SellerBorrower, Administrative the Collateral Agent and each Buyer Secured Party hereby agree that (i) no Buyer Secured Party shall have any right individually to realize upon any of the Collateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Administrative the Collateral Agent, on behalf of Buyer the Secured Parties in accordance with the terms hereof and all powers, rights and remedies under the Program Agreements may be exercised solely by Administrative Agenthereof, and (ii) in the event of a foreclosure by Administrative the Collateral Agent on any of the Collateral pursuant to a public or private salesale or other disposition, Administrative the Collateral Agent or any Buyer Lender may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and Administrative the Collateral Agent, as agent for and representative of Buyer Secured Parties (but not any Buyer Lender or Lenders in its or their respective individual capacities unless Buyer Required Lenders shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by Administrative the Collateral Agent at such salesale or other disposition.

Right to Realize on Collateral. Anything contained in any of the Program Agreements Transaction Documents to the contrary notwithstanding, SellerBorrower, the Administrative Agent and each Buyer Secured Party hereby agree that (i) no Buyer Secured Party shall have any right individually to realize upon any of the Collateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by the Administrative Agent, on behalf of Buyer the Secured Parties in accordance with the terms hereof and all powers, rights and remedies under the Program Agreements may be exercised solely by Administrative Agenthereof, and (ii) in the event of a foreclosure by the Administrative Agent on any of the Collateral pursuant to a public or private salesale or other disposition, the Administrative Agent or any Buyer Lender may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and the Administrative Agent, as agent for and representative of Buyer Secured Parties (but not any Buyer Lender or Lenders in its or their respective individual capacities unless Buyer Required Lenders shall otherwise agree in writing) shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Obligations as a credit on account of the purchase price for any collateral payable by the Administrative Agent at such salesale or other disposition.