Exercise of Remedies has the meaning set forth in Section 5.1.
Exercise of Remedies means with respect to any Indebtedness the exercise of any remedy (judicially or non-judicially) in respect of such Indebtedness including an acceleration of such Indebtedness (with or without the taking of any action), the commencement of any action, suit or proceeding in respect of such Indebtedness or the application of any collateral to such Indebtedness.
Exercise of Remedies means the exercise of any enforcement rights or remedies that are available to the Administrative Agent, any Lender, any other Holder or other Person holding Obligations upon the occurrence of an Event of Default including, without limitation, any or all of the following:
Examples of Exercise of Remedies in a sentence
Except with the consent of the Collateral Agent (which the Collateral Agent may withhold at its sole discretion) and, except following a Replacement Exercise of Remedies, the Borrower (which the Borrower may withhold in its sole discretion), the Administrative Agent may not resign or retire.
To the extent any such resignation or retirement occurs with the consent of the Collateral Agent (and, prior to a Replacement Exercise of Remedies, the Borrower) referred to in the immediately preceding sentence, the procedures for the resignation, retirement and replacement of the Administrative Agent shall be satisfactory in all respects to the Collateral Agent and, except following a Replacement Exercise of Remedies, the Borrower.
Any Person that succeeds to or replaces the Administrative Agent shall be satisfactory to the Collateral Agent in its sole discretion and, except following a Replacement Exercise of Remedies, the Borrower in its sole discretion.
Enforcement 12 3.1 Exercise of Remedies 12 3.2 Cooperation 16 3.3 Actions Upon Breach 16 SECTION 4.
INDEMNIFICATION, ETC 32 5.1 Survival of Representations And Covenants 32 5.2 Indemnification By The Members And The Seller 33 5.3 Indemnification By The Purchaser 34 5.4 Setoff 35 5.5 Exclusive Remedy 35 5.6 Defense of Third-Party Claims 35 5.7 Exercise of Remedies By Indemnitees Other Than The Purchaser 36 5.8 Allocation 36 5.9 Insurance and Taxes 36 5.10 In Rem Liability 36 6.
More Definitions of Exercise of Remedies
Exercise of Remedies means the exercise of remedies by the Lender or other assignments, transfers or transactions with respect to the Pledged Convertible Notes or Pledged Common Stock (each as defined below) made in connection with an Event of Default or Market Value Cure Failure (each as defined in the Margin Loan Agreement) contemplated by the Margin Loan Agreement, and the “Transactions” shall mean the entry of the Borrower and the Lender into the Margin Loan Agreement and the transactions contemplated thereby, including the Exercise of Remedies. Pursuant to the Margin Loan Agreement, the Lender is acquiring a first priority security interest in, inter alia, (x) [0.75]% Convertible Senior Notes due 202[6] (the “Convertible Notes” and, upon crediting of such Convertible Notes to the Collateral Account, the “Pledged Convertible Notes”) of [Splunk Inc.] (the “Issuer”) issued pursuant to an indenture (the “Indenture”) between the Issuer and U.S. Bank National Association, as trustee (the “Trustee”) and (y) certain shares of common stock of the Issuer that may be received upon conversion or repurchase of the Convertible Notes from time to time (the “Common Stock” and, upon crediting of such shares of Common Stock to the Collateral Account, the “Pledged Common Stock”) to secure the Borrower’s obligations under the Margin Loan Agreement. The Pledged Convertible Notes and any Pledged Common Stock will be credited or delivered to, and held in, one or more accounts of Borrower at a third-party custodian (the “Custodian”) in each case subject to the security interest granted under the Margin Loan Agreement (each, a “Collateral Account”, and collectively, the “Collateral Accounts”). In connection with the foregoing:
Exercise of Remedies shall have the meaning assigned to such term in the AAL.
Exercise of Remedies shall have the meaning assigned to such term in Section 1.11.
Exercise of Remedies means, subject to any Acceptable Intercreditor Agreement, the exercise of remedies hereunder or under any other Loan Document by any Agent (or after the Loans (or any portion thereof) or any other Obligations have automatically become due and payable in accordance with Section 8.01).
Exercise of Remedies means, with respect to each Lender, the taking of any action to enforce its rights or remedies against the Company Group following the occurrence of a Potential Default or Event of Default under its respective Financing Agreements, including, without limitation, the termination of a commitment to lend, the acceleration of all or a portion of the Obligations under such Financing Agreements, the filing or initiation of an Insolvency or Liquidation Proceeding against the Company or any other Person within the Company Group, the commencement of any foreclosure proceedings against any Collateral, the repossession of any Collateral, or the appointment or institution of a receiver, custodian or similar official to take custody of any assets of the Company or other members of the Company Group; provided, however, that the term "Exercise Remedies" shall specifically exclude (i) the issuance of any notice of default, (ii) any actions by a Credit Party to suspend (a) any disbursements from any accounts of the Company Group in which such Credit Party has a security interest or (b) Advances under the particular Facility and (iii) the recording of a Notice of Default in the County Recorder's Office of Xxxxx County, Nevada.
Exercise of Remedies means the exercise of any enforcement rights or remedies that are available to the Administrative Agent, the Collateral Agent, any Lender, or other Person holding Obligations upon the occurrence of an Event of Default including, without limitation, any or all of the following:
(i) the acceleration of the Loans and the other Obligations;
(ii) the termination of the Commitments;
(iii) the delivery of a notice to any depository bank or securities intermediary which is a party to a control agreement, directing such depository bank or securities intermediary to transfer the funds or other assets of the Company maintained with such depository bank or securities intermediary in accordance with the terms of such control agreement or to cease accepting instructions with respect to the accounts subject to any such control agreement from the Company;
(iv) the taking of any action to foreclose on a Lien on, or any other right or remedy as a secured creditor to sell, assign, lease, license or otherwise dispose of, all or any portion of the Collateral, including the issuance to the Company of any notice in respect thereof required by applicable law;
(v) the notification of account debtors to make payment to the Administrative Agent or any of its agents;
(vi) the taking of any action to take possession of all or any portion of the Collateral;
(vii) the commencement of any involuntary legal proceedings or actions with respect to all or any portion of the Collateral;
(viii) any sale, assignment, lease, license or other disposition of all or any material portion of the Collateral by the Company with the consent of the Administrative Agent and the Requisite Lenders, which sale, assignment, lease, license or other disposition is conducted by or on behalf of the Company in connection with efforts to collect all or any portion of the Obligations through such sale, assignment, lease, license or other disposition;
(ix) upon the occurrence and during the continuation of a Servicer Default, terminate the Person then acting as Servicer in accordance with the Servicing Agreement; provided that none of the following shall constitute an “Exercise of Remedies”: (a) actions taken solely for purpose of perfecting a security interest in Collateral; (b) the imposition of any increase in the Interest Rate and the Class A Adjusted Rate (as contemplated by the Pricing Letter); (c) delivery to any Credit Party of any notice of default; (d) the filing of any proof of claim; (e) the refusal to ma...
Exercise of Remedies or “Exercise Any Remedies” means: