Rights of the Secured Parties. Nothing in this Section 9.09 shall limit the right of the Secured Parties to refer any claim against the Borrower to any court of competent jurisdiction outside of the State of New York, nor shall the taking of proceedings by any Secured Party before the courts in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
Rights of the Secured Parties. (a) It is expressly agreed by the Company that, anything herein to the contrary notwithstanding, the Company shall remain liable under each Contract to observe and perform all the conditions and obligations to be observed and performed by it thereunder, all in accordance with and pursuant to the terms and provisions of each such Contract. Neither the Collateral Agent nor the Secured Parties shall have any obligation or liability under any Contract by reason of or arising out of this Security Agreement or its assignment to the Collateral Agent for the benefit of the Secured Parties or the receipt by the Collateral Agent for the benefit of the Secured Parties of any payment relating to any Contract pursuant hereto, nor shall the Collateral Agent or the Secured Parties be required or obligated in any manner to perform or fulfill any of the obligations of the Company under or pursuant to any Contract, or to make any payment or to make any inquiry as to the nature or the sufficiency of any payment received by it or the sufficiency of any performance by any party under any Contract, or to present or file any claim, or to take any action to collect or enforce any performance in the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times.
(b) The Collateral Agent on behalf of the Secured Parties authorizes the Company to collect the Accounts and the Collateral Agent may after the occurrence of any Event of Default (as defined in the Note) and while it is continuing, without cause upon notice, curtail or terminate said authority at any time. If required by the Collateral Agent at any time after the occurrence of an Event of Default and while it is continuing, any Proceeds, when collected by the Company, whether consisting of checks, notes, drafts, bills of exchange, money orders, commercial paper of any kind whatsoever, or other documents received in payment of any Account or in payment for any Inventory or on account of any Contract shall be promptly deposited by the Company in precisely the form received, except for its endorsement when required, in a special bank account maintained by the Collateral Agent subject to withdrawal by the Collateral Agent only, as hereinafter provided, and until so turned over, shall be deemed to be held in trust by the Company for and as the Secured Parties' property and shall not be commingled with the Company's other funds. Such Proceeds, when deposited, shall continue to be co...
Rights of the Secured Parties. Nothing in this Section 10.09 shall limit the right of the Secured Parties to refer any claim against a Loan Party to any court of competent jurisdiction in any State where any Collateral is located, nor shall the taking of proceedings by any Secured Party before the courts in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not. US-DOCS\150507763.9 Bakersfield Refinery – Senior Credit Agreement |US-DOCS\150507763.15||
Rights of the Secured Parties. Nothing in this Section 10.09 shall limit the right of the Secured Parties to refer any claim to enforce a judgment under this Agreement against a Note Party to any court of competent jurisdiction in any State or jurisdiction where any Collateral is located, nor shall the taking of proceedings by any Secured Party before the courts in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
Rights of the Secured Parties. Except as otherwise provided in this Consent, each of Purchaser and Assignor agrees that the Secured Parties, so long as any Secured Obligations remains outstanding, have the following rights with respect to the Power Purchase Agreement:
Rights of the Secured Parties. The execution of this Agreement by each SPE and Secured Party is wholly without prejudice to, and shall not constitute a waiver in respect of, the rights of such SPE or Secured Party under the related Transaction Documents with respect to the obligations of Exeter under such Transaction Documents whether prior to, or after giving effect to, this Agreement and shall in no way alter or affect such rights.
Rights of the Secured Parties. Upon the occurrence and during the continuation of any Event of Default, the Representative may declare all of the Secured Obligations to be immediately due and payable on behalf of the Secured Parties and may exercise all available rights and remedies of a secured party under the Code or under any other applicable law, including, without limitation, the right to take possession of the Collateral and, in addition thereto, the right to enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom. Unless the Collateral threatens to decline speedily in value, the Representative will give the Debtor and TES at least ten (10) days' prior written notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made. Any such notice shall be deemed to meet any requirement hereunder or under any applicable law that reasonable notification be given of the time and place of such sale or other disposition. After deducting all costs and expenses of collection, custody, sale or other disposition and delivery of the Collateral, including reasonable legal costs and attorneys' fees and all other charges against the Collateral, the residue of the proceeds of any such sale or disposition shall be applied to the payment of the Secured Obligations prorata among the Secured Parties in such order as the Secured Parties may select, and any surplus after payment of the Secured Obligations in full to the Secured Parties shall be returned to TES or to any person or party lawfully entitled thereto. In the event the proceeds of any sale, lease or other disposition of the Collateral hereunder are insufficient to pay all of the Secured Obligations in full to the Secured Parties, the Debtor will be liable for the deficiency thereof together with interest thereon at the default rate, set forth in the Notes and the costs and expenses of collection of such deficiency, including, to the extent permitted by law, reasonable legal costs and attorneys' fees, expenses and disbursements.
Rights of the Secured Parties. Nothing in this Section shall limit the right of the Secured Parties to refer any claim against the Pledgor to any court of competent jurisdiction outside of the State of New York, nor shall the taking of proceedings by any Secured Party before the courts in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not.
Rights of the Secured Parties. The Secured Parties shall not be liable for failure to collect or realize upon the Pledged Collateral, or for any delay in so doing nor shall it be under any obligation to take any action whatsoever with regard thereto. If an Event of Default has occurred and is continuing, the Secured Parties may thereafter, without notice, exercise all rights, privileges or options pertaining to any Pledged Shares as if it were the absolute owner thereof, upon such terms and conditions as it may determine, all without liability except to account for property actually received by it, but the Secured Parties shall have no duty to exercise any of the aforesaid rights, privileges or options and shall not be responsible for any failure to do so or delay in so doing.
Rights of the Secured Parties. Upon the happening and during the occurrence of any event of default under the Guaranty Agreement, subject to the provisions of Section 4.2 hereof, the Secured Parties may (in addition to any other actions permitted under the other Operative Documents or by statute or at law or in equity) exercise any rights or remedies granted hereunder. The Secured Parties may enforce the right of pledge created hereby to the fullest extent possible in accordance with, and shall be entitled to all rights, remedies and benefits afforded to pledgees under, the laws of the State of New York. To the extent necessary to realize the benefit of the pledge of the Investment Agreement effected by Section 3, the Investment Agreement Pledgor authorizes the Secured Parties to exercise any of its rights under the Investment Agreement other than the Investment Agreement Pledgor's rights under the Investment Agreement to elect remedies pursuant to Sections 4.2, 4.3 and 5.2 thereof.
