Secured Party's Discretion Sample Clauses

Secured Party's Discretion. After the occurrence and during the continuation of any uncured Event of Default Secured Party and its designee may take or fail to take whatever action with respect to the collection of such Payments and receipt of such funds as Secured Party or such designee, in their reasonable but sole discretion, shall deem proper. Regardless of any such action Secured Party may or may not take, the provisions of Section 9 which govern prepayment will remain in force and shall be unaffected by any such action or failure to act on Secured Party's part.
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Secured Party's Discretion. Whenever pursuant to this Agreement a Secured Party exercises any right given to it to approve or disapprove any matter, or any arrangement or term is to be satisfactory to such Secured Party, the decision of a Secured Party to approve or disapprove such matter or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of such Secured Party and shall be final and conclusive. 152
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Secured Party's Discretion. Debtor covenants and agrees that any action described in this Section may be taken at Secured Party's sole and absolute discretion, at any time and from time to time, and (except as may be stated specifically to the contrary in this Section with respect to any power) whether prior or subsequent to an Event of Default, and Debtor hereby ratifies and confirms all actions so taken. Debtor further covenants and agrees that the powers of attorney granted by this Section are coupled with an interest and shall be irrevocable until the full, final and indefeasible payment of the Loans and all other monetary Obligations under this Agreement and the Relevant Documents; that said powers are granted solely for the protection of Secured Party's interest and Secured Party shall have no duty to exercise any thereof; that the decision whether to exercise any of such powers, and the manner of exercise, shall be solely within Secured Party's discretion; and that neither Secured Party nor any of its directors, officers, employees or agents shall be liable for any act or omission or commission, or for any mistake or error of judgment, in connection with any such powers; provided that, as to any mistake, same shall only apply to Secured Party prior to written notice of such alleged mistake from any Debtor to Secured Party.
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Secured Party's Discretion. If any provision in this Agreement entitles or authorizes the Secured Party to make a decision, determination or form an opinion or exercise its discretion, then unless expressly stated to the contrary, the Debtor acknowledges and agrees that such a decision, determination, opinion or exercise of discretion, shall be made by the Secured Party in its sole, absolute and unfettered discretion.
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Secured Party's Discretion. Whenever this instrument requires either Secured Party's consent, election, approval or similar action or otherwise vests in Secured Party the authority to make decisions and/or determinations, such actions shall be made or withheld in Secured Party's sole and absolute discretion, unless specifically provided otherwise and the granting of any consent, election, approval or similar action by Secured Party in any instance shall not constitute continuing consent, election, approval or similar action in subsequent instances where such is required.
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Related to Secured Party's Discretion

  • Agent’s Discretion Agent shall have the right in its sole discretion to determine which rights, Liens, security interests or remedies Agent may at any time pursue, relinquish, subordinate, or modify or to take any other action with respect thereto and such determination will not in any way modify or affect any of Agent’s or Lenders’ rights hereunder.

  • Lender’s Discretion Whenever pursuant to this Agreement, Lender exercises any right given to it to approve or disapprove, or any arrangement or term is to be satisfactory to Lender, the decision of Lender to approve or disapprove or to decide whether arrangements or terms are satisfactory or not satisfactory shall (except as is otherwise specifically herein provided) be in the sole discretion of Lender and shall be final and conclusive.

  • Secured Party In performing its obligations under this Agreement, the Secured Party is subject to, and entitled to the benefits of, the terms of the Indenture that apply to the Indenture Trustee.

  • Secured Party's Duties The powers conferred on the Secured Party hereunder are solely to protect its interest in the Pledged Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Pledged Collateral in its possession and the accounting for moneys actually received by it hereunder, the Secured Party shall have no duty as to any Pledged Collateral or as to the taking of any necessary steps to preserve rights against prior parties or any other rights pertaining to any Pledged Collateral.

  • Administrative Agent May Perform If any Grantor fails to perform any agreement contained herein, the Administrative Agent may, during the continuance of any Event of Default, itself perform, or cause performance of, such agreement, and the expenses of the Administrative Agent incurred in connection therewith shall be payable by such Grantor pursuant to Section 6.3 hereof and Section 9.1 of the Credit Agreement and the Administrative Agent may from time to time take any other action which the Administrative Agent reasonably deems necessary for the maintenance, preservation or protection of any of the Collateral or of its security interest therein.

  • Co-Collateral Agent If appropriate under Applicable Law, Agent may appoint a Person to serve as a co-collateral agent or separate collateral agent under any Loan Document. Each right, remedy and protection intended to be available to Agent under the Loan Documents shall also be vested in such agent. Secured Parties shall execute and deliver any instrument or agreement that Agent may request to effect such appointment. If any such agent shall die, dissolve, become incapable of acting, resign or be removed, then all the rights and remedies of the agent, to the extent permitted by Applicable Law, shall vest in and be exercised by Agent until appointment of a new agent.

  • Secured Party Control Bank, Secured Party, Servicer and Company each agree that Bank will comply with instructions given to Bank by Secured Party directing disposition of funds in the Collateral Accounts (“Disposition Instructions”) without further consent by Company or Servicer. Except as otherwise required by law, Bank will not agree with any third party to comply with instructions for disposition of funds in the Collateral Accounts originated by such third party.

  • Enforcement Action any action to enforce any Obligations or Loan Documents or to exercise any rights or remedies relating to any Collateral (whether by judicial action, self-help, notification of Account Debtors, exercise of setoff or recoupment, exercise of any right or vote to act in a Loan Party’s Insolvency Proceeding, or otherwise).

  • The Administrative Agent’s Duties (a) The powers conferred on the Administrative Agent hereunder are solely to protect the Secured Parties’ interest in the Collateral and shall not impose any duty upon it to exercise any such powers. Except for the safe custody of any Collateral in its possession and the accounting for moneys actually received by it hereunder, the Administrative Agent shall have no duty as to any Collateral, as to ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any Collateral, whether or not any Secured Party has or is deemed to have knowledge of such matters, or as to the taking of any necessary steps to preserve rights against any parties or any other rights pertaining to any Collateral. The Administrative Agent shall be deemed to have exercised reasonable care in the custody and preservation of any Collateral in its possession if such Collateral is accorded treatment substantially equal to that which it accords its own property.

  • Secured Party May Perform If the Company fails to perform any agreement contained herein, the Secured Party, at its option, may itself perform, or cause performance of, such agreement, and the expenses of the Secured Party incurred in connection therewith shall be included in the Obligations secured hereby and payable by the Company under Section 8.3.

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