Common use of Rights of Pledgee Clause in Contracts

Rights of Pledgee. At any time after the security hereby created shall become enforceable the Pledgee may (without notice to the Pledgor) from time to time do any one or more of the following: (a) take possession of the Security and hold and/or procure that its nominees hold the Security to the order of the Pledgee absolutely; and/or (b) cause to be delivered to the Pledgee as the Pledgee may direct the Security; and/or (c) execute and do, and/or procure its nominees to execute and do, (at the expense of the Pledgor) all such conveyances, transfers, assignments, assurances, deeds, acts and things as the Pledgee may require for the perfecting or protecting the security hereby created or intended to be created or for facilitating the realisation of the Security and for exercising all or any of the rights, powers and discretions conferred on the Pledgee by or pursuant to this Pledge Agreement; and/or (d) exercise or direct the exercise of any powers or rights incident to the ownership of the Security and the fact of membership of the Parent; and/or (e) collect and receive any and all interest, dividends, proceeds of repayment or redemption (whether total or partial) and other payments or receipts of, on or in respect of the Security; and/or (f) sell, exchange, convert into money or otherwise dispose of or realise (or concur in selling, exchanging, converting into money or otherwise disposing of or realising) and Security and for this purpose complete the blank transfers referred to in clause 2.4, either by public offer or private contract for such consideration and in such currency or currencies and on such terms as it may think fit and so that (without prejudice to the generality of the foregoing) it may do any of those things for a consideration consisting of cash, certificates of deposit, debentures and any such considerations may be payable or deliverable in a lump sum whether immediately or on a deferred basis or by instalments spread over such period as it may think fit and with full power to buy in or rescind or vary any contract for the sale of the Security and to resell the same, all without being responsible for any loss which may be occasioned thereby and with full power to compromise and effect compositions; and/or (g) generally act in relation to the Security as if the Pledgee were the absolute beneficial owner of the same.

Rights of Pledgee. At (a) If any Event of Default occurs, then in addition to any other rights set forth herein, Pledgee shall have all the rights of a secured creditor at law or in equity and under the Uniform Commercial Code in effect at the time after in the security hereby created shall become enforceable State of Kansas, including that Pledgee at its sole option may without demand of performance or other demand, advertisement or notice of any kind (except notice of the Pledgee may (without notice time and place of public or private sale to the Pledgorextent required by applicable law) from time to time do or upon Pledgor or any other person (all of which are, to the extent permitted by law, hereby expressly waived), immediately take any one or more of the followingfollowing actions: (ai) take possession realize upon the Pledged Shares or any part thereof and retain ownership of the Security and hold and/or procure such Pledged Shares, provided that its nominees hold the Security to the order of the Pledgee absolutelycomplies with all required regulatory approvals in connection therewith; and/oror (bii) cause to be delivered to realize upon the Pledgee as the Pledgee may direct the Security; and/or (c) execute and do, and/or procure its nominees to execute and do, (at the expense of the Pledgor) all such conveyances, transfers, assignments, assurances, deeds, acts and things as the Pledgee may require for the perfecting or protecting the security hereby created or intended to be created or for facilitating the realisation of the Security and for exercising all Pledged Shares or any of the rights, powers part thereof and discretions conferred on the Pledgee by or pursuant to this Pledge Agreement; and/or (d) exercise or direct the exercise of any powers or rights incident to the ownership of the Security and the fact of membership of the Parent; and/or (e) collect and receive any and all interest, dividends, proceeds of repayment or redemption (whether total or partial) and other payments or receipts of, on or in respect of the Security; and/or (f) sell, exchange, convert into money sell or otherwise dispose of and deliver the Pledged Shares or realise (any part thereof or concur interest therein, in selling, exchanging, converting into money one or otherwise disposing of or realising) more lots and Security and for this purpose complete the blank transfers referred to in clause 2.4, either by public offer or private contract for at such consideration and in such currency or currencies prices and on such terms as it Pledgee may think fit deem best, provided that Pledgee complies with all required regulatory approvals in connection therewith; or (iii) proceed by a suit at law or in equity to foreclose this Agreement and so that sell the Pledged Shares, or any portion thereof, under a judgment or decree of a court of competent jurisdiction; or (without prejudice iv) proceed against Pledgor for money damages. (b) Should Pledgee choose to sell or otherwise dispose of the Pledged Shares following an Event of Default, the proceeds of any such disposition or other action by Pledgee shall be applied as follows: (i) first, to the generality costs and expenses incurred in connection therewith or incidental thereto or to the care or safekeeping of any of the foregoingPledged Shares or in any way relating to the rights of Pledgee hereunder, including reasonable attorneys’ fees and legal expenses; (ii) it may do any of those things for a consideration consisting of cashsecond, certificates of deposit, debentures and any such considerations may be payable or deliverable in a lump sum whether immediately or on a deferred basis or by instalments spread over such period as it may think fit and with full power to buy in or rescind or vary any contract for the sale satisfaction of the Security and to resell the same, all without being responsible for any loss which may be occasioned thereby and with full power to compromise and effect compositions; and/orObligations; (giii) generally act in relation third, to the Security as if payment of any other amounts required by applicable law; and (iv) fourth, to Pledgor to the Pledgee were the absolute beneficial owner extent of the sameany surplus proceeds.

Rights of Pledgee. At any time after the security hereby created shall become enforceable the Pledgee may (without notice to the Pledgor) from time to time do any one or more of the following: (a) take possession If an Event of Default shall occur and be continuing, Pledgee shall have the right to receive any and all income, cash dividends, distributions, proceeds or other property received or paid in respect of the Security Pledged Company Interests and hold and/or procure that its nominees hold the Security make application thereof to the Guaranteed Obligations, in such order as Pledgee, in its sole discretion, may elect, in accordance with the Guaranty Documents. If an Event of Default shall occur and be continuing, then all such Pledged Company Interests at Pledgee’s option, shall be registered in the name of Pledgee or its nominee (if not already so registered), and Pledgee or its nominee may thereafter exercise: (i) all voting and all regular limited liability company and other rights pertaining to the Pledged Company Interests and (ii) any and all rights of conversion, exchange, and subscription and any other rights, privileges or options pertaining to such Pledged Company Interests as if it were the absolute owner thereof (including, without limitation, the right to exchange at its discretion any and all of the Pledged Company Interests upon the merger, consolidation, reorganization, recapitalization or other fundamental change in the organizational structure of Pledged Entity, or upon the exercise by Pledgor or Pledgee absolutely; and/orof any right, privilege or option pertaining to such Pledged Company Interests, and in connection therewith, the right to deposit and deliver any and all of the Pledged Company Interests with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as it may determine), all without liability except to account for property actually received by it, but Pledgee shall have no duty to exercise any such right, privilege or option and shall not be responsible for any failure to do so or delay in so doing. (b) cause The rights of Pledgee under this Agreement shall not be conditioned or contingent upon the pursuit by Pledgee of any right or remedy against Pledgor or against any other Person which may be or become liable in respect of all or any part of the Guaranteed Obligations or against any other security therefor, guarantee thereof or right of offset with respect thereto. Pledgee shall not be liable for any failure to demand, collect or realize upon all or any part of the Collateral or for any delay in doing so, nor shall it be delivered under any obligation to sell or otherwise dispose of any Collateral upon the request of Pledgor or any other Person or to take any other action whatsoever with regard to the Pledgee as the Pledgee may direct the Security; and/orCollateral or any part thereof. (c) execute and do, and/or procure its nominees to execute and do, (at Upon the expense satisfaction in full of the Pledgor) Guaranteed Obligations and payment of all such conveyances, transfers, assignments, assurances, deeds, acts and things as amounts owed under the Pledgee may require for the perfecting Guaranty Documents (exclusive of any indemnification or protecting the security hereby created or intended to be created or for facilitating the realisation of the Security and for exercising all or other obligations which are expressly stated in any of the rights, powers and discretions conferred on Guaranty Documents to survive the Pledgee by or pursuant to this Pledge Agreement; and/orsatisfaction of the Guaranteed Obligations). (d) exercise Xxxxxxx also authorizes Pledgee, at any time and from time to time, to execute, in connection with the sale provided for in Sections 8 or direct the exercise 9 hereof, any endorsements, assignments or other instruments of any powers conveyance or rights incident transfer with respect to the ownership of the Security and the fact of membership of the Parent; and/orCollateral. (e) collect The powers conferred on Pledgee hereunder are solely to protect Xxxxxxx’s interest in the Collateral and receive shall not impose any and all interest, dividends, proceeds of repayment or redemption (whether total or partial) and other payments or receipts of, on or in respect duty upon Pledgee to exercise any such powers. Pledgee shall be accountable only for amounts that it actually receives as a result of the Security; and/orexercise of such powers, and neither Pledgee nor any of its officers, directors, or employees or agents shall be responsible to Pledgor for any act or failure to act hereunder, except for its or their gross negligence or willful misconduct. (f) sellIf Pledgor fails to perform or comply with any of its agreements contained herein, exchangeand Pledgee, convert into money as provided for by the terms of this Agreement, shall itself perform or comply, or otherwise dispose cause performance or compliance, with such agreement, the expenses of Pledgee incurred in connection with such performance or realise compliance, together with interest at the Default Rate (or concur as defined in sellingthe Ground Lease) if such expenses are not paid on demand, exchanging, converting into money or otherwise disposing of or realising) and Security and for this purpose complete the blank transfers referred to in clause 2.4, either by public offer or private contract for such consideration and in such currency or currencies and on such terms as it may think fit and so that (without prejudice to the generality of the foregoing) it may do any of those things for a consideration consisting of cash, certificates of deposit, debentures and any such considerations may shall be payable or deliverable in a lump sum whether immediately or by Pledgor to Pledgee on a deferred basis or by instalments spread over such period as it may think fit demand and with full power to buy in or rescind or vary any contract for the sale of the Security and to resell the same, all without being responsible for any loss which may be occasioned thereby and with full power to compromise and effect compositions; and/or (g) generally act in relation to the Security as if the Pledgee were the absolute beneficial owner of the sameshall constitute obligations secured hereby.

Rights of Pledgee. At (a) If any Event of Default occurs, then in addition to any other rights set forth herein, Pledgee shall have all the rights of a secured creditor at law or in equity and under the Uniform Commercial Code in effect at the time after in the security hereby created shall become enforceable State of Delaware, including that Pledgee, at its sole option, may without demand of performance or other demand, advertisement or notice of any kind (except notice of the Pledgee may (without notice time and place of public or private sale, to the Pledgorextent required by applicable law) from time to time do or upon Pledgors or any other person (all of which are, to the extent permitted by law, hereby expressly waived), immediately take any one or more of the followingfollowing actions: (ai) take possession realize upon the Pledged Shares, or any part thereof, and retain ownership of the Security and hold and/or procure such Pledged Shares, provided that its nominees hold the Security to the order of the Pledgee absolutelycomplies with all required regulatory approvals in connection therewith; and/oror (bii) cause to be delivered to realize upon the Pledgee as the Pledgee may direct the Security; and/or (c) execute and doPledged Shares, and/or procure its nominees to execute and do, (at the expense of the Pledgor) all such conveyances, transfers, assignments, assurances, deeds, acts and things as the Pledgee may require for the perfecting or protecting the security hereby created or intended to be created or for facilitating the realisation of the Security and for exercising all or any of the rightspart thereof, powers and discretions conferred on the Pledgee by or pursuant to this Pledge Agreement; and/or (d) exercise or direct the exercise of any powers or rights incident to the ownership of the Security and the fact of membership of the Parent; and/or (e) collect and receive any and all interest, dividends, proceeds of repayment or redemption (whether total or partial) and other payments or receipts of, on or in respect of the Security; and/or (f) sell, exchange, convert into money sell or otherwise dispose of and deliver the Pledged Shares, or realise (any part thereof or concur interest therein, in selling, exchanging, converting into money one or otherwise disposing of or realising) more lots and Security and for this purpose complete the blank transfers referred to in clause 2.4, either by public offer or private contract for at such consideration and in such currency or currencies prices and on such terms as it Pledgee may think fit deem best, provided that Pledgee complies with all required regulatory approvals in connection therewith; or (iii) proceed by a suit at law or in equity to foreclose this Agreement and so that sell the Pledged Shares, or any portion thereof, under a judgment or decree of a court of competent jurisdiction; or (without prejudice iv) proceed against Pledgors for money damages. (b) Should Pledgee choose to sell or otherwise dispose of the Pledged Shares following an Event of Default, the proceeds of any such disposition or other action by Pledgee shall be applied as follows: (i) first, to the generality costs and expenses incurred in connection therewith or incidental thereto or to the care or safekeeping of any of the foregoingPledged Shares or in any way relating to the rights of Pledgee hereunder, including reasonable attorneys’ fees and legal expenses; (ii) it may do any of those things for a consideration consisting of cashsecond, certificates of deposit, debentures and any such considerations may be payable or deliverable in a lump sum whether immediately or on a deferred basis or by instalments spread over such period as it may think fit and with full power to buy in or rescind or vary any contract for the sale satisfaction of the Security and to resell the same, all without being responsible for any loss which may be occasioned thereby and with full power to compromise and effect compositions; and/orObligations; (giii) generally act in relation third, to the Security as if payment of any other amounts required by applicable law; and (iv) fourth, to Pledgors to the Pledgee were the absolute beneficial owner extent of the sameany surplus proceeds.

Rights of Pledgee. At any time after the security hereby created shall become enforceable the Pledgee may (without notice to the Pledgor) from time to time do any one or more of the following: (a) take possession After the occurrence and during the continuance of an Event of Default it is agreed that all Proceeds received by Pledgor hereunder consisting of cash, checks and other near-cash items shall be held by Pledgor in trust for Pledgee, segregated from other funds of Pledgors. Such Proceeds shall, promptly upon receipt by Pledgor, be (i) turned over to Pledgee in the Security and hold and/or procure that its nominees hold exact form received by Pledgor (duly endorsed by Pledgor to Pledgee, if required) to be held by Pledgee during the Security continuance of such Event of Default or (ii) deposited into a Proceeds Reserve Account and, to the order of extent not prohibited under the Financing Agreements, such amounts so deposited in a Proceeds Reserve Account may be used for purposes permitted under the Financing Agreements. Any and all such Proceeds held by Pledgee absolutely; and/oror held by Pledgor in trust for Pledgee shall continue to be held as collateral security for the Secured Obligations and shall not constitute payment thereof until applied as provided in Section 8(a). (b) cause If an Event of Default shall occur and be continuing and Pledgee shall give notice of its intent to be delivered exercise such rights to Pledgor: (i) Pledgee shall have the right to receive any and all cash dividends or other cash distributions paid in respect of the Pledged Collateral and make application thereof to the Secured Obligations in the order provided in Section 8(a), and (ii) at the request of Pledgee, all shares of the Pledged Stock, all Pledged LLC Interests and all Pledged Partnership Interests shall be registered in the name of Pledgee or its nominee, and Pledgee or its nominee may thereafter exercise (A) all voting, corporate or other rights pertaining to such shares of the Pledged Stock at any meeting of shareholders of any of the Issuers or otherwise; (B) all members rights, powers and privileges with respect to the Pledged LLC Interests to the same extent as a member under the applicable Limited Liability Company Agreement; (C) all partnership rights, powers and privileges with respect to the Pledged Partnership Interests to the same extent as a partner under the applicable Partnership Agreement; and (D) any and all rights of conversion, exchange, subscription and any other rights, privileges or options pertaining to such shares of the Pledged Collateral as if it were the absolute owner thereof (including, without limitation, the right to exchange at its discretion any and all of the Pledged Collateral upon the merger, consolidation, reorganization, recapitalization or other fundamental change in the corporate, partnership or company structure of any of the Issuers, or upon the exercise by Pledgor or Pledgee of any right, privilege or option pertaining to such shares or interests of the Pledged Collateral, and in connection therewith, the right to deposit and deliver any and all of the Pledged Collateral with any committee, depository, transfer agent, registrar or other designated agency upon such terms and conditions as it may determine), all without liability except to account for property actually received by it, but Pledgee shall have no duty to exercise any such right, privilege or option and shall not be responsible for any failure to do so or delay in so doing. Subject to the foregoing, Pledgee hereby agrees that all shares of Pledged Stock, all Pledged LLC Interests and all Pledged Partnership Interests, as the case may be, registered in the name of Pledgee may direct pursuant to clause (ii) of this Section 7(b) shall be re-registered in the Security; and/orrespective Pledgor’s name if such Event of Default is cured prior to acceleration or is waived and no Event of Default is then continuing. (c) execute and do, and/or procure its nominees to execute and do, (at The rights of Pledgee hereunder shall not be conditioned or contingent upon the expense pursuit by Pledgee of any right or remedy against any of the Pledgor) all such conveyances, transfers, assignments, assurances, deeds, acts and things as the Pledgee Borrowers or against any other Person which may require for the perfecting be or protecting the security hereby created or intended to be created or for facilitating the realisation become liable in respect of the Security and for exercising all or any part of any of the rightsObligations or against any other collateral security therefor, powers and discretions conferred on the guarantee thereof or right of offset with respect thereto. Pledgee by shall not be liable for any failure to demand, collect or pursuant to this Pledge Agreement; and/or (d) exercise realize upon all or direct the exercise of any powers or rights incident to the ownership part of the Security and the fact of membership of the Parent; and/or (e) collect and receive Pledged Collateral or for any and all interestdelay in doing so, dividends, proceeds of repayment or redemption (whether total or partial) and other payments or receipts of, on or in respect of the Security; and/or (f) sell, exchange, convert into money nor shall it be under any obligation to sell or otherwise dispose of any Pledged Collateral upon the request of Pledgor or realise (any other Person or concur in selling, exchanging, converting into money or otherwise disposing of or realising) and Security and for this purpose complete the blank transfers referred to in clause 2.4, either by public offer or private contract for such consideration and in such currency or currencies and on such terms as it may think fit and so that (without prejudice take any other action whatsoever with regard to the generality of the foregoing) it may do Pledged Collateral or any of those things for a consideration consisting of cash, certificates of deposit, debentures and any such considerations may be payable or deliverable in a lump sum whether immediately or on a deferred basis or by instalments spread over such period as it may think fit and with full power to buy in or rescind or vary any contract for the sale of the Security and to resell the same, all without being responsible for any loss which may be occasioned thereby and with full power to compromise and effect compositions; and/or (g) generally act in relation to the Security as if the Pledgee were the absolute beneficial owner of the samepart thereof.

Rights of Pledgee. At Neither Pledgee nor Lenders shall be liable ----------------- for any time after failure to collect or realize upon the Liabilities or any collateral security hereby created or guaranty therefor, or any part thereof, or for any delay in so doing, nor shall become enforceable Pledgee or any Lender be under any obligation to take any action whatsoever with regard thereto. Any or all of the Collateral held by Pledgee hereunder may, if an Event of Default has occurred and is continuing, and upon notice to Pledgor, be registered in the name of Pledgee or its nominee, for the benefit of Pledgee and the Lenders, and Pledgee or its nominee may (thereafter without notice exercise all voting and corporate rights at any meeting with respect to the Pledgor) from time Borrower and exercise any and all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining to time do any one or more of the following: (a) take possession of the Security and hold and/or procure that its nominees hold the Security to the order of the Pledgee absolutely; and/or (b) cause to be delivered to the Pledgee as the Pledgee may direct the Security; and/or (c) execute and do, and/or procure its nominees to execute and do, (at the expense of the Pledgor) all such conveyances, transfers, assignments, assurances, deeds, acts and things as the Pledgee may require for the perfecting or protecting the security hereby created or intended to be created or for facilitating the realisation of the Security and for exercising all or any of the Pledged Shares, for the benefit of Pledgee and Lenders, as if Pledgee or its nominee were the absolute owner thereof, including, without limitation, the right to vote in favor of, and to exchange at its discretion any and all of the Collateral upon the merger, consolidation, reorganization, recapitalization or other readjustment with respect to Borrower or upon the exercise by Borrower or Pledgee, on behalf of Pledgee and Lenders, of any right, privilege or option pertaining to any of the Collateral, and in connection therewith, to deposit and deliver any and all of the Collateral with any committee, depositary, transfer agent, registrar or other designated agency upon such terms and conditions as Pledgee may determine, all without liability except to account for property actually received by Pledgee, but Pledgee shall have no duty to exercise any of the aforesaid rights, powers privileges or options and discretions conferred on shall not be responsible for any failure to do so or delay in so doing. Notwithstanding the foregoing, Pledgee by or pursuant shall not take any such actions under this Section except in a commercially reasonable manner and in accordance with the terms hereof, the other Loan Documents, applicable law and (if applicable to the property covered under this Pledge Agreement; and/or (d) exercise or direct ), the standards for the exercise of any powers or rights incident to the ownership remedies under Part 5 of Article 9 of the Security and the fact of membership of the Parent; and/or (e) collect and receive any and all interest, dividends, proceeds of repayment or redemption (whether total or partial) and other payments or receipts of, on or in respect of the Security; and/or (f) sell, exchange, convert into money or otherwise dispose of or realise (or concur in selling, exchanging, converting into money or otherwise disposing of or realising) and Security and for this purpose complete the blank transfers referred to in clause 2.4, either by public offer or private contract for such consideration and in such currency or currencies and on such terms as it may think fit and so that (without prejudice to the generality of the foregoing) it may do any of those things for a consideration consisting of cash, certificates of deposit, debentures and any such considerations may be payable or deliverable in a lump sum whether immediately or on a deferred basis or by instalments spread over such period as it may think fit and with full power to buy in or rescind or vary any contract for the sale of the Security and to resell the same, all without being responsible for any loss which may be occasioned thereby and with full power to compromise and effect compositions; and/or (g) generally act in relation to the Security as if the Pledgee were the absolute beneficial owner of the sameUniform Commercial Code.

Rights of Pledgee. At a. Pledgee shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral if Pledgee takes such action for that purpose as Debtor shall request, but failure to honor any time after such request shall not of itself be deemed a failure to exercise reasonable care. Pledgee shall not be required to take any steps necessary to preserve any rights in the Collateral against prior parties nor to protect, preserve or maintain any security hereby created shall become enforceable interest given to secure the Pledgee may (Collateral. b. In Pledgee's discretion and without notice to the Pledgor) from time to time do Debtor, Pledgee may take any one or more of the followingfollowing actions, without liability except to account for property actually received by Pledgee: (a1) take possession After default, transfer to or register in Pledgee's name or the name of Pledgee's nominee any of the Security Collateral, with or without indication of the security interest herein created, and whether or not so transferred or registered, receive the income, dividends and other distributions thereon or hold and/or procure that its nominees hold the Security them or apply them to the Obligations in any order of the Pledgee absolutely; and/orpriority; (b2) After default, exercise or cause to be delivered exercised all voting and corporate powers with respect to any of the Pledgee Collateral so registered or transferred, including all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining to such Collateral, as if the absolute owner thereof; (3) Exchange any of the Collateral for other property upon a reorganization, recapitalization or other readjustment and, in connection therewith, deposit any of the Collateral with any committee or depository upon such terms as Pledgee may direct the Security; and/ordetermine; (c4) execute and doIn Pledgee's name or in the name of Debtor demand, and/or procure its nominees to execute and dosue for, (collect ox receive any money or property at the expense any time payable or receivable on account of or in exchange for any of the PledgorCollateral and, in connection therewith, endorse notes, checks, drafts, money orders, documents of title or other evidences of payment, shipment or storage in the name of Debtor; (5) all such conveyances, transfers, assignments, assurances, deeds, acts and things as the Pledgee may require for the perfecting Make any compromise or protecting the security hereby created or intended settlement deemed advisable with respect to be created or for facilitating the realisation any of the Security Collateral; (6) Renew, extend or otherwise change the terms and conditions of any of the Collateral or the Obligations; (7) Take or release any other collateral as security for exercising all any of the Collateral or the Obligations; (8) Add or release any guarantor, endorser, surety or other party to any of the Collateral or Obligations; and (9) Sue on, obtain judgment ox xr compromise on any of the Collateral. c. Pledgee shall be under no duty to exercise or to withhold the exercise of any of the rights, powers powers, privileges and discretions conferred on the options expressly or implicitly granted to Pledgee by or pursuant to in this Pledge Agreement; and/or (d) exercise or direct the exercise of any powers or rights incident to the ownership of the Security , and the fact of membership of the Parent; and/or (e) collect and receive any and all interest, dividends, proceeds of repayment or redemption (whether total or partial) and other payments or receipts of, on or in respect of the Security; and/or (f) sell, exchange, convert into money or otherwise dispose of or realise (or concur in selling, exchanging, converting into money or otherwise disposing of or realising) and Security and for this purpose complete the blank transfers referred to in clause 2.4, either by public offer or private contract for such consideration and in such currency or currencies and on such terms as it may think fit and so that (without prejudice to the generality of the foregoing) it may do any of those things for a consideration consisting of cash, certificates of deposit, debentures and any such considerations may shall not be payable or deliverable in a lump sum whether immediately or on a deferred basis or by instalments spread over such period as it may think fit and with full power to buy in or rescind or vary any contract for the sale of the Security and to resell the same, all without being responsible for any loss which may be occasioned thereby and with full power failure to compromise and effect compositions; and/or (g) generally act do so or delay in relation to the Security as if the Pledgee were the absolute beneficial owner of the sameso doing.