Common use of Right to Realize on Collateral Clause in Contracts

Right to Realize on Collateral. Anything contained in any of the Transaction Documents to the contrary notwithstanding, Company, Purchaser’s Representative and each Purchaser hereby agree that (i) no Purchaser shall have any right individually to realize upon any of the Collateral or to enforce any guaranty of the Obligations, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Purchaser’s Representative, on behalf of Purchasers in accordance with the terms hereof and all powers, rights and remedies under the Security Documents may be exercised solely by Purchaser’s Representative, and (ii) in the event of a foreclosure by Purchaser’s Representative on any of the Collateral pursuant to a public or private sale or any sale of the Collateral in a case under the Bankruptcy Code, Purchaser’s Representative or any Purchaser may be the purchaser of any or all of such Collateral at any such sale and Purchaser’s Representative, as agent for and representative of Secured Parties (as defined in the Security Agreement) (but not any Purchaser or Purchasers in its or their respective individual capacities unless Majority 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 payable by Purchaser’s Representative at such sale.

Right to Realize on Collateral. Anything Notwithstanding anything to the contrary contained in any of the Transaction Documents to Funding Documents, Concessionaire, the contrary notwithstanding, Company, Purchaser’s Representative Security Trustee and each Purchaser Secured Creditor hereby agree that (ia) no Purchaser Secured Creditor shall have any right individually to realize upon any of the Collateral or to enforce any guaranty of the ObligationsCollateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Purchaser’s Representativethe Security Trustee, on behalf of Purchasers the Secured Parties in accordance with the terms hereof hereof, and all powers, rights and remedies under the Security Documents may be exercised solely by Purchaser’s Representativethe Security Trustee, on behalf of the Secured Parties in accordance with the terms hereof, and (iib) in the event of a foreclosure by Purchaser’s Representative the Security Trustee on any of the Collateral pursuant to a public or private sale or any sale of other disposition, the Collateral in a case under the Bankruptcy Code, Purchaser’s Representative Security Trustee or any Purchaser Secured Creditor may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and Purchaser’s Representativethe Security Trustee, as agent for and representative of the Secured Parties (as defined in the Security Agreement) Creditors (but not any Purchaser Secured Creditor or Purchasers Secured Creditors in its or their respective individual capacities unless Majority Purchasers the Intercreditor Agent (acting in accordance with the Senior Obligations Intercreditor Agreement) 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 Secured Obligations as a credit on account of the purchase price for any collateral Collateral payable by Purchaser’s Representative the Security Trustee at such salesale or other disposition.

Right to Realize on Collateral. Anything Notwithstanding anything to the contrary contained in any of the Transaction Documents to Loan Documents, the contrary notwithstandingBorrower, Companythe Administrative Agent, Purchaser’s Representative and the Collateral Agent, each Purchaser Lender hereby agree that (i) no Purchaser Lender shall have any right individually to realize upon any of the Collateral or to enforce any guaranty of the ObligationsCollateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Purchaser’s Representativethe Administrative Agent, on behalf of Purchasers the Secured Parties in accordance with the terms hereof hereof, and all powers, rights and remedies under the Security Documents may be exercised solely by Purchaser’s Representativethe Collateral Agent, on behalf of the Secured Parties in accordance with the terms hereof, and (ii) in the event of a foreclosure by Purchaser’s Representative the Collateral Agent on any of the Collateral pursuant to a public or private sale or any sale of other disposition, the Collateral in a case under the Bankruptcy CodeAgent, Purchaser’s Representative or any Purchaser Lender may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and Purchaser’s Representativethe Collateral Agent, as agent for and representative of the Secured Parties (as defined in the Security Agreement) (but not any Purchaser Lender or Purchasers Lenders in its or their respective individual capacities unless Majority Purchasers 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 Purchaser’s Representative the Collateral Agent at such salesale or other disposition.

Right to Realize on Collateral. Anything Notwithstanding anything to the contrary contained in any of the Transaction Documents to Financing Documents, the contrary notwithstandingBorrower, Companythe Administrative Agent, Purchaser’s Representative the Collateral Agent, and each Purchaser Financing Party hereby agree that (i) no Purchaser Financing Party shall have any right individually to realize upon any of the Collateral or to enforce any guaranty of the ObligationsCollateral, it being understood and agreed that all powers, rights and remedies hereunder may be exercised solely by Purchaser’s Representativethe Administrative Agent, on behalf of Purchasers the Secured Parties in accordance with the terms hereof hereof, and all powers, rights and remedies under the Security Documents may be exercised solely by Purchaser’s Representativethe Collateral Agent, on behalf of the Secured Parties in accordance with the terms hereof, and (ii) in the event of a foreclosure by Purchaser’s Representative the Collateral Agent on any of the Collateral pursuant to a public or private sale or any sale of other disposition, the Collateral in a case under the Bankruptcy Code, Purchaser’s Representative Agent or any Purchaser Financing Party may be the purchaser or licensor of any or all of such Collateral at any such sale or other disposition and Purchaser’s Representativethe Collateral Agent, as agent for and representative of the Secured Parties (as defined in the Security Agreement) (but not any Purchaser Financing Party or Purchasers Financing Parties in its or their respective individual capacities unless Majority Purchasers 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 Purchaser’s Representative the Collateral Agent at such salesale or other disposition.