Examples of Secured Parties Representative in a sentence
Without limiting the generality of the foregoing, so long as the Secured Parties Representative shall be entitled under this Section 4 to make collections in respect of the Collateral, the Secured Parties Representative shall have the right and power to receive, endorse and collect all checks made payable to the order of any Grantor representing any dividend, payment or other distribution in respect of the Collateral or any part thereof and to give full discharge for the same.
The Grantors recognize that, by reason of certain prohibitions contained in the Securities Act of 1933, as amended, and applicable state securities laws, the Secured Parties Representative may be compelled, with respect to any sale of all or any part of the Collateral, to limit purchasers to those who will agree, among other things, to acquire the Collateral for their own account, for investment and not with a view to the distribution or resale thereof.
The Grantors agree that to the extent the Secured Parties Representative is required by applicable law to give reasonable prior notice of any sale or other disposition of any Collateral, ten business days’ notice shall be deemed to constitute reasonable prior notice.
The Secured Parties Representative shall perform all tasks necessary to make distributions from time to time pursuant to Section 6.5, including (a) collecting invoices with respect to Administrative Expenses and, to the extent appropriate, collection expenses and Management Fees and (b) determining the amount of principal, interest, premium and fund breakage costs and other payments due and payable to the Secured Parties.
The Liquidation Account shall be subject to the exclusive dominion and control of the Secured Parties Representative for the benefit of the Representatives and the respective Secured Parties they represent, in each case in accordance with their interests set forth herein; provided that the Secured Parties Representative may exert such control over the Liquidation Account as is necessary to perform its duties hereunder.
The Borrower shall indemnify and hold harmless the Secured Parties Representative from any present or future claim for liability for any stamp or other similar tax and any penalties or interest with respect thereto, which may be assessed, levied or collected by any jurisdiction in connection with this Agreement, any other Transaction Document, the Collateral or the attachment or perfection of the Security Interest granted to the Secured Parties Representative in the Collateral.
The Secured Parties Representative shall have the right and power to institute and maintain such suits and proceedings as it may deem appropriate to protect and enforce the rights vested in it, the Representatives and the other Secured Parties by this Agreement and the other Transaction Documents.
The Custodial Agreement shall provide that the Custodial Account and the Escrow Account shall be maintained at the Custodian, except as otherwise instructed by the Secured Parties Representative, and the Secured Parties Representative hereby agrees not to so instruct the Custodian without the prior written consent of the Borrower and the Representatives.
Each Grantor hereby waives any claims against the Secured Parties or any of them arising by reason of the fact that the price at which the Collateral may have been sold at such a private sale was less than the price that might have been obtained at a public sale or was less than the aggregate amount of the Secured Obligations, even if the Secured Parties Representative accepts the first offer received and does not offer the Collateral to more than one offeree.
Except for amounts paid by the Secured Parties Representative to a Representative as contemplated herein, all cash proceeds received by a Representative in respect of any sale of, collection from or other realization upon, all or part of the Collateral shall be promptly transferred to the Secured Parties Representative for application in accordance with this Agreement.