Rights of the Secured Party. The Debtor agrees that the Secured Party may at any time, upon the occurrence and during the continuance of an Event of Default and without notice or demand of any kind, (i) notify the obligor on or issuer of any Collateral to make payment to the Secured Party of any amounts due or distributable thereon; (ii) in the Debtor’s name or the Secured Party’s name enforce collection of any Collateral by suit or otherwise, or surrender, release or exchange all or any part of it, or compromise, extend or renew for any period any obligation evidenced by the Collateral; (iii) receive all proceeds of the Collateral; and (iv) hold any increase or profits received from the Collateral as additional security for the Obligations, except that any money received from the Collateral shall, at the Secured Party’s option, be applied in reduction of the Obligations, in such order of application as the Secured Party may determine, or be remitted to the Debtor.
Rights of the Secured Party. (a) If any Event of Default shall occur and be continuing, (A) any and all shares of the Specified Pledged Stock and any other applicable Collateral may, at the Secured Party's option, be registered in the name of the Secured Party or its nominee, and/or (B) the Secured Party or its nominee may exercise (i) all voting, corporate and any other rights pertaining to any and all Collateral, whether at any meeting of shareholders of the Secured Party or otherwise and/or (ii) any and all rights of conversion, exchange, subscription and any other rights, privileges or options pertaining to any and all Collateral as if it were the absolute owner thereof (including, without limitation, the right to exchange at its discretion any and all of the Specified Pledged Stock (and any other applicable Collateral) upon the merger, consolidation, reorganization, recapitalization or other fundamental change in the corporate structure of the Secured Party, or upon the exercise by the Pledgor or the Secured Party of any right, privilege or option pertaining to such shares of the Specified Pledged Stock (and any other applicable Collateral), and in connection therewith, the right to deposit and deliver any and all of the Specified Pledged Stock (and any other applicable Collateral) with any committee, depository, transfer agent, registrar or other designated agency upon such terms and conditions as it may determine), all without liability to the Pledgor, but the Secured Party shall have no duty to the Pledgor to exercise any of the foregoing rights, privileges or options and shall not be responsible for any failure to do so or delay in so doing.
(b) The rights of the Secured Party under this Agreement shall not be conditioned or contingent upon the pursuit by the Secured Party of any right or remedy against any other Person or against the Collateral or any other security or collateral. The Secured Party shall have no obligation or duty (and shall not be liable for any failure) to demand, collect, apply or realize upon all or any part of the Collateral or for any delay in doing so, to collect or to sell or otherwise dispose of any Collateral (whether upon the request of the Pledgor or any other Person or otherwise and whether or not an Event of Default has occurred or the value of the Collateral has (or may) increase or decrease), to advise the Pledgor of any actual or anticipated changes in the value of the Collateral, to act as an investment advisor or insurer of any of the Coll...
Rights of the Secured Party. The Secured Party may pay and satisfy the whole or any part of any taxes, rates, liens, charges, mortgages, security interests or other encumbrances now or hereafter existing in respect of any of the Collateral and such payments together with all costs, charges and expenses which may be incurred in connection with making such payments shall form part of the Obligations and shall be secured by the security interests granted herein. In the event of the Secured Party satisfying any such lien, charge, mortgage, security interest or encumbrance, it shall be entitled to all the equities and securities of the person or persons so paid and is hereby authorized to obtain any discharge thereof and hold such discharge without registration for so long as it may deem advisable to do so.
Rights of the Secured Party. (a) If an Event of Default shall occur and be continuing, the Secured Party shall be entitled to exercise upon the pledge, lien and security interest granted hereby with respect to the Collateral in the manner permitted by law.
(b) The rights of the Secured Party hereunder shall not be conditioned or contingent upon the pursuit by the Secured Party of any right or remedy against the Pledgor or against any other person which may be or become liable in respect of all or any part of the Obligations or against any collateral security therefor, guarantee therefor or right of offset with respect thereto. Except as required by applicable law, the Secured Party 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 the Secured Party be under any obligation to sell or otherwise dispose of any Collateral upon the request of the Pledgor or any other person or to take any other action whatsoever with regard to the Collateral or any part thereof.
Rights of the Secured Party. If an Event of Default shall occur and be continuing and the Secured Party shall give notice to the Pledgor of its intent to exercise such rights, (i) the Secured Party shall have the right to receive any and all cash dividends paid in respect of the Units and make application thereof to the Convertible Promissory Note in such order as the Secured Party may determine and (ii) the Secured Party shall have the right to cause all of the Units to be registered in the name of the Secured Party or its nominee, and the Secured Party or its nominee may thereafter exercise (x) all voting and other rights pertaining to such Units at any meeting of Equity Holders of the Issuer or otherwise and (y) any and all rights of conversion, exchange, subscription and any other rights, privileges or options pertaining to such Units as if it were the absolute owner thereof (including, without limitation, the right to exchange at its discretion any and all of the Units upon the merger, consolidation,
Rights of the Secured Party. The Secured Party 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 Party 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 Party 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 Party. (A) Upon the happening and during the occurrence of any Event of Default under the Facility Lease, the Secured Party may, at its option and in addition to any other rights and remedies said Secured Party may have under any other Operative Document or at law or in equity, (i) direct the surety on the Qualifying Sublease Surety Bond (or any issuer of a Qualifying Letter of Credit issued in replacement of the Qualifying Sublease Surety Bond) or Qualifying Additional Security to make payment directly to the Secured Party and the Secured Party shall have the right to exercise any rights or remedies granted hereunder or thereunder, (ii) direct the Facility Sublessee under the Facility Sublease and the Ground Sub-sublessee under the Ground Sub-sublease to make all payments thereunder directly to the Secured Party (such payments to be held by the Secured Party as security for the RMLC Secured Obligations and applied in accordance with the following paragraph (B)) and exercise any rights or remedies granted hereunder or thereunder and (iii) exercise any rights available to the Grantor under the Rocky Mountain Agreements Second Re-Assignment. The foregoing directions and rights are coupled with an interest and irrevocable by dissolution or otherwise and are in addition to any and all other remedies that the Secured Party may have hereunder, under any other Operative Document, at law or in equity.
(B) Upon the happening and during the occurrence of an Event of Default under the Facility Lease, Secured Party may direct the Facility Sublessee to pay all Rent due from time to time under the Facility Sublease directly to the Lender (or, if the Lien of the Loan Agreement and the Deed to Secure Debt have been fully released, to Facility Lessor or the then assignee of its rights hereunder). The foregoing directions and rights are coupled with an interest and irrevocable by dissolution or otherwise and are in addition to any and all other remedies that the Secured Party may have hereunder, under any other Operative Document, at law or in equity.
(C) Upon the happening and during the occurrence of an Event of Default under the Facility Lease, Secured Party may, at its option and in addition to any other rights and remedies the Secured Party may have under any other Operative Document or at law or in equity:
(i) if at the time such action is lawful and always subject to compliance with Applicable Law, either with or without taking possession, and either before or after taking ...
Rights of the Secured Party. (a) If any Pledgor fails to perform any agreement contained herein, the Secured Party may (but shall not be obligated or required to) perform, or cause the performance, of such agreement.
(b) At any time upon and during the continuance of a Breach by any Pledgor, the Secured Party may (but shall not be obligated or required to):
(i) Cause all of the Collateral to be transferred to its name or to the name of its nominee or nominees.
(ii) Ask for, demand, collect, xxx for, recover, compromise, receive and give acquittances and receipts for monies due or to become due under or in respect of any of the Collateral and hold the same as part of the Collateral, or apply the same to any of the Obligations in such manner as the Secured Party may direct in its sole discretion;
(iii) Receive, endorse and collect any drafts or other instruments, documents and chattel paper, in connection with clause (ii) above (including, without limitation, all instruments representing dividends or other distributions in respect of the Collateral or any part thereof and give full discharge for the same);
(iv) File any claims or take any actions or institute any proceedings that the Secured Party may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce compliance with the rights of the Secured Party with respect to any of the Collateral; and
(v) Discharge any taxes or liens levied on the Collateral or pay for the maintenance and preservation of the Collateral; the amount of such payments, plus any and all fees, costs and expenses of the Secured Party (including reasonable attorneys' fees and disbursements) in connection therewith, shall, at the Secured Party's option, be reimbursed by the Pledgors on demand.
Rights of the Secured Party. (a) The Debtor hereby irrevocably constitutes and appoints the Secured Party and any officer of the Secured Party the true and lawful attorney of the Debtor, irrevocably and with full power of substitution, in the name of the Debtor or otherwise, from and after an Event of Default to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Note and Security Agreement. The Debtor hereby ratifies all that said attorneys shall lawfully do or cause to be done by virtue hereof. This power of attorney is a power coupled with an interest, shall be irrevocable and shall terminate only as provided in subsection (b) of this Section 4.
(a) The rights, powers and authority granted or conferred upon the Secured Party pursuant to subsection (a) of this Section 4 shall cease and terminate if and at such time as the Debtor, or its successors or assigns, shall pay or cause to be paid to the Secured Party all of the Indebtedness as provided in this Note and Security Agreement.
Rights of the Secured Party. After the occurrence and during the continuance of an Event of Default, and whether or not the Secured Party declares the Note due and payable or pursues any other relief or remedy available to the Secured Party under any Loan Document, the Secured Party, or its nominee or nominees shall forthwith, without further action on the part of any Person, have the sole and exclusive right to exercise all rights and powers of ownership with respect to the Collateral and shall exercise such rights and powers in such manner as the Secured Party, in its sole and absolute discretion, deems appropriate.
