Common use of Secured Party's Rights Regarding Collateral Clause in Contracts

Secured Party's Rights Regarding Collateral. At any time (whether or not an Event of Default has occurred), at the expense of each Grantor with regard to the portion of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor Laws, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to, on reasonable prior notice, perform any obligation of any Grantor under this Agreement or any obligation of any other Person under the Loan Documents, if such Grantor or Person, as the case may be, has to perform such obligation and has failed to do so. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors’ books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors’ independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 2 contracts

Samples: Credit Agreement (Pinnacle Entertainment Inc), Credit Agreement (Pinnacle Entertainment Inc)

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Secured Party's Rights Regarding Collateral. At any time (whether or not If an Event of Default has occurredoccurred and remains continuing, then at any time without notice or demand and at the sole expense of Grantor (or if no Event of Default is continuing, at Secured Party’s sole expense and upon reasonable advance notice and at any time during regular business hours and as often as reasonably requested (but not so as to materially interfere with the business of Grantor or any of its Subsidiaries)), Secured Party may, subject to the compliance with applicable Gaming Laws, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (a) enter upon any premises on which Collateral is situated and examine the same or (b) perform any obligation of Grantor under this Agreement or any obligation of any other Person under the Loan Documents. Subject to compliance with applicable Gaming Laws, at any time and from time to time, at the expense of each Grantor with regard to the portion of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor LawsGrantor, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (i) while an Event of Default is continuing, on reasonable prior notice, perform any obligation of any Grantor under this Agreement or any obligation of any other Person under the Loan Documents, if such Grantor or Person, as the case may be, has to perform such obligation and has failed to do so. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors’ books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors’ independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8. that the Collateral has been assigned to Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not Party; (ii) while an Event of Default shall have occurredis continuing, at any time and from time to time request from obligors on the Collateral, in the name of Grantor or to make or give any presentmentsin the name of Secured Party, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor or notices of any other nature whatsoever in connection with information concerning the Collateral or and the amounts owing thereon; and (iii) while an Event of Default is continuing, cause the Collateral to be registered in the name of Secured ObligationsParty, as legal owner. Grantor shall at any time at Secured Party’s request xxxx the Collateral and/or Grantor’s ledger cards, books of account and other records relating to the Collateral with appropriate notations satisfactory to Secured Party disclosing that they are subject to Secured Party’s security interest. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Security Agreement (Coast Casinos Inc)

Secured Party's Rights Regarding Collateral. At any time (whether or not an Event of Default has occurred), at the expense of each Grantor with regard to the portion of the Collateral owned by it, Secured Party may, subject to Gaming Laws, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (a) at all reasonable times on reasonable prior notice, enter upon any premises on which Collateral is situated and examine the same or (b) on reasonable prior notice, perform any obligation of any Grantor under this Agreement or any obligation of any other Person under the Loan Documents. At any time and from time to time, subject to compliance with Gaming Laws and Liquor Laws, at the expense of each Grantor with regard to the portion of the Collateral owned by it, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to, request from obligors on reasonable prior noticethe Collateral, perform any obligation in the name of any Grantor under this Agreement or in the name of Secured Party, information concerning the Collateral and the amounts owing thereon. Each Grantor shall maintain books and records pertaining to the Collateral in such detail, form and scope as Secured Party shall reasonably require consistent with Secured Party's interests hereunder. Each Grantor shall at any obligation time at Secured Party's request xxxx the Collateral and/or such Grantor's ledger cards, books of any account and other Person under records relating to the Loan Documents, if such Grantor or Person, as the case may be, has Collateral with appropriate notations satisfactory to perform such obligation and has failed Secured Party disclosing that they are subject to do soSecured Party's security interests. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors' books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors' independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Security Agreement (Herbst Gaming Inc)

Secured Party's Rights Regarding Collateral. At any time (whether or not an Event of Default has occurred, except as provided in clause (b) below), without notice or demand and at the expense of each Grantor with regard to the portion of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor LawsGrantors, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to, : (a) enter upon any premises on reasonable prior noticewhich Collateral is situated and examine the same or (b) after an Event of Default has occurred and is continuing, perform any obligation of any Grantor Grantors under this Agreement or any obligation of any other Person party under the Loan Documents. At any time and from time to time (except as provided in clause (iii) below), if such Grantor at the expense of Grantors, Secured Party may to the extent it may be necessary or Persondesirable to protect the security hereunder, but Secured Party shall not be obligated to: (i) notify obligors on the Collateral that the Collateral has been assigned to Secured Party; (ii) at any time and from time to time request from obligors on the Collateral, in the name of Grantors or in the name of Secured Party, information concerning the Collateral and the amounts owing thereon; and (iii) after an Event of Default has occurred and is continuing, cause the Collateral to be registered in the name of Secured Party, as legal owner. Grantors shall maintain books and records pertaining to the case may beCollateral in such detail, has form and scope as Secured Party shall reasonably require consistent with Secured Party's interests hereunder. Grantors will at any time at Secured Party's request mark xxx Collateral and/or Grantors' ledger cards, books of account, and other records relating to perform such obligation and has failed the Collateral with appropriate notations satisfactory to do soSecured Party disclosing that they are subject to Secured Party's security interests. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors' books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors’ independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor dishonor, or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor Grantors therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Security Agreement (Arlen Corp)

Secured Party's Rights Regarding Collateral. At any time (whether or not an Event of a Default has occurred), without notice or demand and at the expense of each Grantor with regard to the portion of Grantor, the Collateral owned by it, subject to compliance with Gaming Laws and Liquor Laws, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but the Secured Party shall not be obligated to, : (a) enter upon any premises on reasonable prior notice, which Collateral is situated and examine the same or (b) perform any obligation of any the Grantor under this Agreement or any other Loan Document or any obligation of any other Person under the Loan Documents. At any time and from time to time upon the occurrence and during the continuance of an Event of Default, if such at the expense of the Grantor, the Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but the Secured Party shall not be obligated to: (i) notify obligors on the Collateral that the Collateral has been assigned to the Secured Party; (ii) at any time and from time to time request from obligors on the Collateral, in the name of the Grantor or Personin the name of the Secured Party, information concerning the Collateral and the amounts owing thereon; and (iii) cause the Collateral to be registered in the name of the Secured Party, as legal owner. The Grantor shall maintain books and records pertaining to the case may beCollateral in such detail, has form and scope as the Secured Party shall reasonably require consistent with the Secured Party's interests hereunder. The Grantor shall at any time at the Secured Party's request mark xxx Collateral and/or the Grantor's ledger cards, books of account and other records relating to perform such obligation and has failed the Collateral with appropriate notations satisfactory to do sothe Secured Party disclosing that they are subject to the Secured Party's security interests. The Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of the Grantors' books and records pertaining to the CollateralCollateral to the extent provided in the Loan Agreement, and subject to the limits set forth in this Agreement, and to confirm and verify the value of the Collateral and to do whatever else the Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors the Grantor shall be carried out by the Secured Party through Grantors’ the Grantor's independent auditors unless the Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 89. The Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an a Default or Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. The Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any the Grantor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Loan Agreement (Presley Companies /De)

Secured Party's Rights Regarding Collateral. At any time (whether or not an Event of Default has occurred), at the expense of each Grantor with regard to the portion of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor Laws, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to, on reasonable prior notice, perform any obligation of any Grantor under this Agreement or any obligation of any other Person under the Loan Documents, if such Grantor or Person, as the case may be, has to perform such obligation and has failed to do so. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors’ books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors’ independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor therein, or to onto make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Entertainment Inc)

Secured Party's Rights Regarding Collateral. At any time (whether or ------------------------------------------- not an Event of Default has occurred), ) and at the reasonable expense of each Grantor with regard to the portion of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor LawsGrantor, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (a) enter upon any premises on which any Collateral is situated and examine the same, on provided that reasonable prior notice, notice shall have been given to Grantor; or (b) perform any obligation of any Grantor under this Agreement if same has become due and Grantor has not so performed. Upon the occurrence and during the continuation of an Event of Default, at the reasonable expense of Grantor, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (i) notify obligors on the Collateral that the Collateral has been assigned to Secured Party; (ii) at any obligation time and from time to time request from obligors on the Collateral, in the name of any other Person under the Loan Documents, if such Grantor or Personin the name of Secured Party, information concerning the Collateral and the amounts owing thereon; and (iii) cause the Collateral to be registered in the name of Secured Party, as legal owner. Grantor shall maintain books and records pertaining to the case may beCollateral in such detail, has form and scope as Secured Party shall reasonably require consistent with Secured Party's interests hereunder. Grantor shall at any time at Secured Party's request xxxx the Collateral and/or Grantor's ledger cards, books of account and other records relating to perform such obligation and has failed the Collateral with appropriate notations satisfactory to do soSecured Party disclosing that they are subject to Secured Party's security interests. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors’ Grantor's books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors’ independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-non- performance, protests, notices of protests, notices of dishonor or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Asset Purchase Agreement (Matthews Studio Equipment Group)

Secured Party's Rights Regarding Collateral. At any time (whether or not an a Triggering Event of Default has occurred), without notice or demand and at the expense of each Grantor with regard to the portion of the Collateral owned by it, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (a) at all reasonable times on reasonable notice, enter upon any premises on which Collateral is situated and examine the same or (b) perform any obligation of any Grantor under this Agreement or any obligation of any other Person under the Transaction Documents. At any time and from time to time, at the expense of each Grantor with regard to the portion of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor Laws, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to, request from obligors on reasonable prior noticethe Collateral, perform any obligation in the name of any Grantor under this Agreement or in the name of Secured Party, information concerning the Collateral and the amounts owing thereon. Each Grantor shall maintain books and records pertaining to the Collateral in such detail, form and scope as Secured Party shall reasonably require consistent with Secured Party's interests hereunder. Each Grantor shall at any obligation time at Secured Party's request mark xxx Collateral and/or such Grantor's ledger cards, books of any account and other Person under records relating to the Loan Documents, if such Grantor or Person, as the case may be, has Collateral with appropriate notations satisfactory to perform such obligation and has failed Secured Party disclosing that they are subject to do soSecured Party's security interests. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors' books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors' independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 89. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an a Triggering Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor or notices of any other nature whatsoever in connection with the Collateral or the Secured Outstanding Obligations. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Security Agreement (Safeskin Corp)

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Secured Party's Rights Regarding Collateral. At any time (whether or not an Event of Default has occurred), at the expense of each Grantor with regard and from time to the portion of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor Lawstime, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (a) (whether or not an Event of Default has occurred) itself or through its representatives, on at its own expense, upon reasonable prior noticenotice and at such reasonable times during usual business hours, visit and inspect any of the Grantors' properties and examine and make abstracts from any of its books and records at any reasonable time and as often as may reasonably be desired and discuss the business, operations, properties and financial and other condition of any of the Grantors with officers of such Grantors and with their accountants or (b) if an Event of Default has occurred and is continuing, at the expense of the Grantors, perform any obligation of any Grantor of the Grantors under this Agreement Agreement. At any time and from time to time, at the expense of the Grantors, Secured Party may, to the extent necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (i) notify obligors of the Collateral that the Collateral has been pledged as security to Secured Party; (ii) after an Event of Default has occurred and is continuing, at any obligation time and from time to time request from obligors of any other Person the Collateral, in the name of the applicable Grantor or in the name of Secured Party, information concerning the Collateral and the amounts owing thereon; and (iii) after an Event of Default has occurred and is continuing, direct obligors under the Loan Documentscontracts included in the Collateral to direct their performance to Secured Party. Each Grantor shall keep proper books and records and accounts in which full, if such Grantor or Persontrue and correct entries in conformity with GAAP and all applicable laws (including without limitation, as all applicable regulations, rules and orders) shall be made of all material dealings and transactions pertaining to the case may be, has to perform such obligation and has failed to do soCollateral. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors' books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors’ independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8Collateral. Secured Party shall not be under no any duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, Collateral or to make or give any presentmentspresentments for payment, demands for performance, notices of non-performance, protests, notices of protestsprotest, notices of dishonor or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. Secured Party shall not be under no any duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor the Grantors' therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith. Nothing contained herein or in any consent shall constitute an assumption by Secured Party of any of the Grantors' obligations under the contracts assigned hereunder unless Secured Party shall have given written notice to the counterpart to such assigned contract of Secured Party's intention to assume such contract. Each Grantor shall continue to be liable for performance of its obligations under such contracts.

Appears in 1 contract

Samples: Guarantee Agreement (DSL Net Inc)

Secured Party's Rights Regarding Collateral. At any time (whether or not an Event of Default has occurred, except as provided in clause (b) below), without notice or demand and at the expense of each Grantor with regard to the portion (if an Event of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor LawsDefault has occurred), Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to, : (a) enter upon any premises on reasonable prior noticewhich Collateral is situated and examine the same (other than areas subject to government security restrictions) or (b) after an Event of Default has occurred and is continuing, perform any obligation of any Grantor under this Agreement or any obligation of any other Person party under the Loan Documents. At any time and from time to time (except as provided in clause (iii) below), at the expense of Grantor (if such an Event of Default has occurred), Secured Party may to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (i) notify obligors on the Collateral that the Collateral has been assigned to Secured Party; (ii) at any time and from time to time request from obligors on the Collateral, in the name of Grantor or Personin the name of Secured Party, information concerning the Collateral and the amounts owing thereon; and (iii) after an Event of Default has occurred and is continuing, cause the Collateral to be registered in the name of Secured Party, as legal owner. Grantor shall maintain books and records pertaining to the case may beCollateral in such detail, has form and scope as Secured Party shall reasonably require consistent with Secured Party's interests hereunder. Grantor will at any time at Secured Party's request xxxx the Collateral and/or Grantor's ledger cards, books of account, and other records relating to perform such obligation and has failed the Collateral with appropriate notations satisfactory to do soSecured Party disclosing that they are subject to Secured Party's security interests. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors’ Grantor's books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors’ independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor dishonor, or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Commercial Loan Agreement (Titan Corp)

Secured Party's Rights Regarding Collateral. At any time (whether or not an Event of Default has occurred), without notice or demand and at the expense of each Grantor with regard to the portion of the Collateral owned by it, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to: (a) at all reasonable times on reasonable notice, enter upon any premises on which Collateral is situated and examine the same or (b) perform any obligation of any Grantor under this Agreement or any obligation of any other Person under the Loan Documents. After the occurrence and during the continuance of an Event of Default, at the expense of each Grantor with regard to the portion of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor Laws, Secured Party may, to the extent it may be necessary or desirable to protect the security hereunder, but Secured Party shall not be obligated to, request from obligors on reasonable prior noticethe Collateral, perform any obligation in the name of any Grantor under this Agreement or in the name of Secured Party, information concerning the Collateral and the amounts owing thereon. Each Grantor shall maintain books and records pertaining to the Collateral in such detail, form and scope as is reasonably required by Secured Party to perfect, or maintain the effectiveness of Secured Party's security interests hereunder. Each Grantor shall at any obligation time at Secured Party's request marx xxe Collateral and/or such Grantor's ledger cards, books of any account and other Person under records relating to the Loan Documents, if such Grantor or Person, as the case may be, has Collateral with appropriate notations satisfactory to perform such obligation and has failed Secured Party disclosing that they are subject to do soSecured Party's security interests. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors' books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors' independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 89. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor or notices of any other nature whatsoever in connection with the Collateral or the Secured Obligations. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Revolving/Term Loan Agreement (Viasat Inc)

Secured Party's Rights Regarding Collateral. At any time ------------------------------------------- (whether or not an Event of Default has occurred, except as provided in clause (b) below), without notice or demand and at the expense of each Grantor with regard Debtor, and subject to the portion rights of the Collateral owned by it, subject to compliance with Gaming Laws and Liquor LawsImperial Bank, Secured Party may, to the extent it may be necessary or reasonably desirable to protect the security hereunderSecurity Interest, but Secured Party shall not be obligated to, : (a) enter upon any premises on reasonable prior noticewhich any Collateral is situated and examine the same or (b) after an Event of Default has occurred and is continuing, perform any obligation of any Grantor Debtor under this Agreement Agreement. At any time and from time to time (except as provided in clause (iii) below), at the expense of Debtor and subject to the rights of Imperial Bank, Secured Party may to the extent it may be necessary or reasonably desirable to protect the Security Interest, but Secured Party shall not be obligated to: (i) notify obligors on the Collateral that the Collateral has been assigned to Secured Party; (ii) at any obligation time and from time to time request from obligors on the Collateral, in the name of any other Person under Debtor or in the Loan Documentsname of Secured Party, if such Grantor or Personinformation concerning the Collateral and the amounts owing thereon; and (iii) after an Event of Default has occurred and is continuing, cause the Collateral to be registered in the name of Secured Party, as legal owner. Debtor shall maintain books and records pertaining to the case may beCollateral in such detail, has form and scope as Secured Party shall reasonably require consistent with Secured Party's interests hereunder. Debtor will at any time at Secured Party's request xxxx the Collateral and/or Debtor's ledger cards, books of account, and other records relating to perform such obligation and has failed the Collateral with appropriate notations satisfactory to do soSecured Party disclosing that they are subject to the Security Interest. Secured Party shall at all reasonable times on reasonable prior notice have full access to and the right to audit any and all of Grantors’ Debtor's books and records pertaining to the Collateral, and to confirm and verify the value of the Collateral and to do whatever else Secured Party reasonably may deem necessary or desirable to protect its interests; provided, however, that any such action which involves communicating with customers of Grantors shall be carried out by Secured Party through Grantors’ independent auditors unless Secured Party shall then have the right directly to notify obligors on the Collateral as provided in Section 8. Secured Party shall be under no duty or obligation whatsoever to take any action to preserve any rights of or against any prior or other parties in connection with the Collateral, to exercise any voting rights or managerial rights with respect to any Collateral, whether or not an Event of Default shall have occurred, or to make or give any presentments, demands for performance, notices of non-performance, protests, notices of protests, notices of dishonor dishonor, or notices of any other nature whatsoever in connection with the Collateral or the Secured ObligationsObligation. Secured Party shall be under no duty or obligation whatsoever to take any action to protect or preserve the Collateral or any rights of any Grantor Debtor therein, or to make collections or enforce payment thereon, or to participate in any foreclosure or other proceeding in connection therewith.

Appears in 1 contract

Samples: Override Agreement (Video City Inc)

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