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 Loan Documents to the contrary notwithstanding, the Borrower, Administrative Agent, Collateral Agent and each Lender DIP Secured Party hereby agree that (i) no Lender DIP 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 and under any of the other Loan Documents may be exercised solely by Administrative Agent or Collateral Agent, on behalf as applicable, for the benefit of Lenders the DIP Secured Parties in accordance with the terms hereof and thereof and all powers, rights and remedies under the Collateral Documents may be exercised solely by Collateral AgentAgent for the benefit of DIP Secured Parties in accordance with the terms thereof, and (ii) in the event of a foreclosure or similar enforcement action by Collateral Agent on any of the Collateral pursuant to a public or private salesale or other disposition (including pursuant to Section 363(k), Section 1129(b)(2)(a)(ii), or otherwise of the Bankruptcy Code), Collateral Agent or any Lender may be the purchaser of any or all of such Collateral at any such sale or disposition and Collateral Agent, as agent for and representative of DIP Secured Parties (but not any Lender or Lenders in its or their respective individual capacities unless Requisite Lenders shall otherwise agree in writing) Parties, 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 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 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 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 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 157 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 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.