Common use of Right to Realize on Collateral Clause in Contracts

Right to Realize on Collateral. Anything contained in any of the Credit Documents to the contrary notwithstanding, Borrower, Administrative Agent, Collateral Agent and each Lender hereby agree that (i) no 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 Lenders in accordance with the terms hereof and all powers, rights and remedies under the Collateral Documents may be exercised solely by Collateral Agent, and (ii) in the event of a foreclosure by Collateral Agent on any of the Collateral pursuant to a public or private sale, Collateral Agent or any Lender may be the purchaser of any or all of such Collateral at any such sale and Collateral Agent, as agent for and representative of Secured Parties (but not any Lender or Lenders in its or their respective individual capacities unless Requisite 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 Collateral Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Credit Collateral Documents to the contrary notwithstanding, Borrowerthe Grantor, Administrative Agent, the Collateral Agent and each Lender Noteholder hereby agree that (i) no Lender Noteholder 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 the Collateral Agent for the benefit of Lenders the Noteholders in accordance with the terms hereof hereof, and all powers, rights and remedies under the Collateral Documents may be exercised solely by the Collateral Agent, and (ii) in the event of a foreclosure by the Collateral Agent on any of the Collateral pursuant to a public or private sale, the Collateral Agent or any Lender Noteholder may be the purchaser of any or all of such Collateral at any such sale sale, and the Collateral Agent, as agent for and representative of Secured Parties the Noteholders (but not any Lender Noteholder or Lenders Noteholders in its or their respective individual capacities unless the Requisite Lenders 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 as a credit on account of the purchase price for any collateral payable by Collateral Agent at such sale.

Right to Realize on Collateral. Anything Notwithstanding anything to the contrary contained in any of the Credit Documents to Loan Documents, the contrary notwithstanding, Borrower, the Administrative Agent, the Collateral Agent Agent, each Lender and each Lender Counterparty hereby agree that (i) no Lender or Counterparty 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 Lenders the Secured Parties in accordance with the terms hereof hereof, and all powers, rights and remedies under the Collateral Security Documents may be exercised solely by the Collateral Agent, on behalf of the Secured Parties in accordance with the terms hereof, and (ii) in the event of a foreclosure by the Collateral Agent on any of the Collateral pursuant to a public or private salesale or other disposition, the Collateral Agent Agent, any Lender or any Lender Counterparty may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and the Collateral Agent, as agent for and representative of the Secured Parties (but not any Lender or Lenders or Counterparty or Counterparties in its or their respective individual capacities unless Requisite Lenders the Required Secured Parties 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 Collateral Agent at such salesale or other disposition.

Right to Realize on Collateral. Anything contained in any of the Credit Loan Documents to the contrary notwithstanding, the Borrower, the Administrative Agent, Collateral Agent and each Lender hereby agree that (i) no 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 the Administrative Agent, on behalf of Lenders Lenders, in accordance with the terms hereof and all powers, rights and remedies under the Collateral Loan Documents may be exercised solely by Collateral the Administrative Agent, and (ii) in the event of a foreclosure by Collateral the Administrative Agent on any of the Collateral pursuant to a public or private sale, Collateral the Administrative Agent or any Lender may be the purchaser of any or all of such Collateral at any such sale and Collateral the Administrative Agent, as agent for and representative of Secured Parties the Lenders (but not any Lender or Lenders in its or their respective individual capacities unless Requisite the 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 Collateral the Administrative Agent at such sale.

Right to Realize on Collateral. Anything Notwithstanding anything to the contrary contained in any of the Credit Documents to Financing Documents, the contrary notwithstanding, Borrower, the Administrative Agent, the Collateral Agent Agent, and each Lender Financing Party hereby agree that (i) no Lender Financing 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 Lenders the Secured Parties in accordance with the terms hereof hereof, and all powers, rights and remedies under the Collateral Security Documents may be exercised solely by the Collateral Agent, on behalf of the Secured Parties in accordance with the terms hereof, and (ii) in the event of a foreclosure by the Collateral Agent on any of the Collateral pursuant to a public or private salesale or other disposition, the Collateral Agent or any Lender Financing Party may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and the Collateral Agent, as agent for and representative of the Secured Parties (but not any Lender Financing Party or Lenders Financing Parties in its or their respective individual capacities unless Requisite Lenders the Required Financing Parties 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 Collateral Agent at such salesale or other disposition.

Right to Realize on Collateral. Anything contained in any of the Credit Transaction Documents to the contrary notwithstanding, Borrowerthe Seller Parties, Administrative Agent, the Collateral Agent and each Lender Purchaser hereby agree that (i) except as otherwise provided in the Intercreditor Agreement, no Lender Purchaser shall have any right individually to realize upon any of the Collateral, it being understood and agreed that that, except as otherwise provided in the Intercreditor Agreement, all powers, rights and remedies hereunder may be exercised solely by Administrative the Collateral Agent, on behalf of Lenders Purchasers in accordance with the terms hereof and all powers, rights and remedies under the Collateral Security Documents and the Intercreditor Agreement may be exercised (except as otherwise provided in the Intercreditor Agreement) solely by the Collateral Agent, and (ii) in the event of a foreclosure by the Collateral 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 or applicable Bankruptcy Laws, the Collateral Agent or any Lender Purchaser may be the purchaser of any or all of such Collateral at any such sale sale, and the Collateral Agent, as agent for and representative of the Secured Parties (but not any Lender Purchaser or Lenders Purchasers in its or their respective individual capacities unless Requisite Lenders the Required Purchasers 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 such Collateral payable by the Collateral Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Credit Documents to the contrary notwithstanding, Borrower, Administrative Agent, Collateral Agent and each Lender Secured Party hereby agree that (i) no Lender 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 Agent, on behalf of Lenders the Secured Parties in accordance with the terms hereof and all powers, rights and remedies under the Collateral Documents may be exercised solely by Collateral Agent, and (ii) in the event of a foreclosure by Collateral Agent on any of the Collateral pursuant to a public or private salesale or other disposition, Collateral Agent or any Lender may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and Collateral Agent, as agent for and representative of Secured Parties (but not any Lender or Lenders in its or their respective individual capacities unless Requisite 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 Collateral Agent at such salesale or other disposition.

Right to Realize on Collateral. Anything contained in any of the Credit Loan Documents to the contrary notwithstanding, BorrowerCompany, Administrative Agent, Collateral Agent and each Lender hereby agree that (i) no 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 Lenders in accordance with the terms hereof and all powers, rights and remedies under the Collateral Documents may be exercised solely by Collateral Administrative Agent, and (ii) in the event of a foreclosure by Collateral 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, Collateral Administrative Agent or any Lender may be the purchaser of any or all of such Collateral at any such sale and Collateral Administrative Agent, as agent for and representative of Secured Parties (but not any Lender or Lenders in its or their respective individual capacities unless Requisite 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 Collateral Administrative Agent at such sale.

Right to Realize on Collateral. Anything contained in any of the Credit Collateral Documents to the contrary notwithstanding, Borrowerthe Grantor, Administrative Agent, the Collateral Agent and each Lender Noteholder hereby agree that (i) no Lender Noteholder 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 the Collateral Agent for the benefit of Lenders the Noteholders in accordance with the terms hereof hereof, and all powers, rights and remedies under the Collateral Documents may be exercised solely by the Collateral Agent, and (ii) in the event of a foreclosure by the Collateral Agent on any of the Collateral pursuant to a public or private sale, the Collateral Agent or any Lender Noteholder may be the purchaser of any or all of such Collateral at any such sale sale, and the Collateral Agent, as agent for and representative of Secured Parties the Noteholders (but not any Lender Noteholder or Lenders Noteholders in its or their respective individual capacities unless the Requisite Lenders 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 Note Obligations as a credit on account of the purchase price for any collateral payable by Collateral Agent at such sale.

Right to Realize on Collateral. Anything Notwithstanding anything to the contrary contained in any of the Credit Documents to Loan Documents, the contrary notwithstanding, Borrower, the Administrative Agent, the Collateral Agent and Agent, each Lender hereby agree that (i) no 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 the Administrative Agent, on behalf of Lenders the Secured Parties in accordance with the terms hereof hereof, and all powers, rights and remedies under the Collateral Security Documents may be exercised solely by the Collateral Agent, on behalf of the Secured Parties in accordance with the terms hereof, and (ii) in the event of a foreclosure by the Collateral Agent on any of the Collateral pursuant to a public or private salesale or other disposition, the Collateral Agent or Agent, any Lender may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and the Collateral Agent, as agent for and representative of the Secured Parties (but not any Lender or Lenders in its or their respective individual capacities unless Requisite the 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 Collateral Agent at such salesale or other disposition.