Rights of the Issuer. (a) Subject to Section 8.4(b), the Seller hereby authorizes the Issuer and its assignees and designees to take any and all steps in the Seller’s name and on behalf of the Seller that the Issuer, the Servicer and/or their respective designees determine are reasonably necessary or appropriate to collect all amounts due under any and all KF Purchased Assets, including without limitation endorsing the name of the Seller on checks and other instruments representing Pool Collections and enforcing such KF Purchased Assets.
(b) The Issuer and its assignees shall have no obligation to account for, to replace, to substitute or to return any KF Purchased Asset to the Seller.
(c) The Issuer and its assignees shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the KF Purchased Assets and all of the right, title and interest of the Issuer and its assignees in, to and under this Agreement on whatever terms the Issuer and its assignees determine, pursuant to the Indenture or otherwise.
(d) As between the Seller and the Issuer, the Issuer shall have the sole right to retain any gains or profits created by buying, selling or holding the KF Purchased Assets.
Rights of the Issuer and the Trustee in Respect of the Master Servicer and the Special Servicer. The Master Servicer and the Special Servicer shall each afford the Issuer, the Trustee and each Rating Agency, upon reasonable notice, during normal business hours access to all records maintained by it in respect of its rights and obligations hereunder and access to such of its officers as are responsible for such obligations. Upon reasonable request, the Master Servicer and the Special Servicer shall each furnish the Issuer, the Trustee and each Rating Agency with its most recent financial statements and such other information as it possesses, and which it is not prohibited by applicable law or contract from disclosing, regarding its business, affairs, property and condition, financial or otherwise. The Issuer may, but is not obligated to, enforce the obligations of the Master Servicer, the Special Servicer hereunder and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Master Servicer or the Special Servicer hereunder or exercise the rights of the Master Servicer or the Special Servicer hereunder; provided, however, that none of the Master Servicer or the Special Servicer shall be relieved of any of its obligations hereunder by virtue of such performance by the Issuer or its designee. The Issuer shall not have any responsibility or liability for any action or failure to act by the Master Servicer or the Special Servicer and, except to the extent required by the Indenture, is not obligated to supervise the performance of the Master Servicer or the Special Servicer under this Agreement or otherwise.
Rights of the Issuer. The Transferor hereby authorizes the Issuer, the Portfolio Manager, the Trustee and/or their respective designees or assignees to take any and all steps in Transferor’s name and on behalf of the Transferor that the Issuer, the Portfolio Manager, the Trustee and/or their respective designees or assignees determine are necessary or appropriate to collect all amounts due under any and all Sale Portfolio and to enforce or protect the Issuer’s and the Trustee’s rights under this Agreement, including endorsing the name of the Transferor on checks and other instruments representing Interest Proceeds and Principal Proceeds and enforcing such Sale Portfolio.
Rights of the Issuer. So long as no Event of Default has occurred and is continuing, and subject to certain terms and conditions in this Indenture and the Collateral Agreements, the Issuer shall be entitled to receive all cash dividends, interest and other payments made upon or with respect to the Capital Stock of any of its Subsidiaries held as Collateral and to exercise any voting, consensual and other rights pertaining to such Capital Stock. Upon the occurrence and during the continuance of an Event of Default, upon notice from the Collateral Agent, (a) all of the Issuer's rights to exercise such voting, consensual or other rights shall cease and all such rights shall become vested in the Collateral Agent, which, to the extent permitted by law, shall have the sole right to exercise such voting, consensual or other rights, (b) all of the Issuer's rights to receive all cash dividends, interest and other payments made upon or with respect to the Collateral shall cease, and such cash dividends, interest and other payments shall be paid to the Collateral Agent, and (c) the Collateral Agent may sell the Collateral or any part thereof in accordance with the applicable Collateral Agreement. All funds distributed under the Collateral Agreement by the Collateral Agent shall be distributed by the Collateral Agent in accordance with Section 6.11 this Indenture. ARTICLE ELEVEN
Rights of the Issuer. In addition to those embodied in the existing provisions and in the Information Leaflet, THE ISSUER will have the following rights:
Rights of the Issuer. For each Series at any time before any security created over all or any of the Mortgaged Property becomes enforceable upon the occurrence of an Enforcement Event, the Issuer with the prior written consent of the Trustee may, from time to time:
6.4.1 take such action in relation to the Mortgaged Property as it may think expedient; and
6.4.2 exercise the rights incidental to the ownership of the Mortgaged Property and, in particular (but without limitation and without responsibility for their exercise) any voting rights in respect of such property and all rights to enforce it.
Rights of the Issuer. 4.2.1 The Issuer (save as expressly provided in these presents and the Loan Agreement or with the consent of the Trustee) shall not (nor agree to) enter into a single transaction or a series of transactions (whether related or not and whether voluntary or involuntary) to sell, factor, lease, pledge, charge, assign, transfer or otherwise deal with the Loan or the Charged Property or any right or benefit either present or future arising under or in respect of the Loan Agreement or the Account or any part thereof or any interest therein or purport to do so. Save as otherwise expressly provided in these presents, no proprietary or other direct interest in the Issuer's rights under or in respect of the Loan Agreement, the Account, the Loan or the Charged Property exists for the benefit of the Noteholders.
4.2.2 Until a Relevant Event or an Event of Default, as the case may be, shall have occurred (whichever such event shall be the first to occur), the Issuer shall, subject to the security created by the Security Interests in the relevant Supplemental Trust Deed, be entitled to receive the interest on and any principal of the Loan subject also to its obligations in respect of those moneys under Clause 2.4 hereof.
Rights of the Issuer. The Issuer may, with the sanction of a Written Resolution or with the prior written consent of the Trustee and only for so long as the Security Interests have not become enforceable:
6.5.1 take such action in relation to the Mortgaged Property as it may think expedient; and
6.5.2 exercise the rights incidental to the ownership of the Mortgaged Property.
Rights of the Issuer. Each of the Seller and the Transferor -------------------- hereby authorizes the Issuer and its assignees and designees to take any and all steps in its name and on its behalf that the Issuer, the Servicer and/or their respective designees determine are reasonably necessary or appropriate to collect all amounts due under any and all Purchased Assets, including without limitation endorsing the name of the Seller or the Transferor on checks and other instruments representing Collections and enforcing such Purchased Assets. The Issuer shall have no obligation to account for, to replace, to substitute or to return any Purchased Asset to the Transferor or, except as provided in Section 2.08(c), to the Seller. The Issuer shall have the unrestricted right to further assign, transfer, deliver, hypothecate, subdivide or otherwise deal with the Purchased Assets and all of the Issuer's right, title and interest in, to and under this Agreement on whatever terms the Issuer determines. As between the Seller, the Transferor and the Issuer, the Issuer shall have the sole right to retain any gains or profits created by buying, selling or holding the Purchased Assets.
Rights of the Issuer
