Examples of Subordinated Collateral Agent in a sentence
All rights and remedies contained in this Security Agreement or by law afforded shall be cumulative and all shall be available to the Subordinated Collateral Agent and the Holders until the Secured Obligations have been paid in full.
The Subordinated Collateral Agent shall be under no obligation to delay a sale of any of the Pledged Collateral for the period of time necessary to permit the Grantor or the issuer of the Pledged Collateral to register such securities for public sale under the Securities Act of 1933, as amended, or under applicable state securities laws, even if the Grantor and the issuer would agree to do so.
The Subordinated Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of Collateral and to enforce any of the Subordinated Collateral Agent’s remedies (for the benefit of the Subordinated Collateral Agent and Holders), with respect to such appointment without prior notice or hearing as to such appointment.
No delay or omission of the Subordinated Collateral Agent or any Holder to exercise any right or remedy granted under this Security Agreement shall impair such right or remedy or be construed to be a waiver of any Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy.
To the maximum extent permitted by applicable law, the Grantor waives all claims, damages, and demands against the Subordinated Collateral Agent or any Holder arising out of the repossession, retention or sale of the Collateral, except such as arise solely out of the gross negligence or willful misconduct of the Subordinated Collateral Agent or such Holder as finally determined by a court of competent jurisdiction.
The Grantor hereby authorizes the Subordinated Collateral Agent to file, and if requested will deliver to the Subordinated Collateral Agent, all financing statements and other documents and take such other actions as may from time to time be requested by the Subordinated Collateral Agent in order to maintain a first perfected security interest in and, if applicable, Control of, the Collateral.
Notwithstanding any provision to the contrary herein, any Collateral that constitutes Pledged Collateral that is held by, or required to be delivered to, the Subordinated Collateral Agent hereunder shall be deemed to be held by, or such requirement shall be deemed to be satisfied by delivery to, the Bank Agent in accordance with the Intercreditor Agreement.
Neither the Subordinated Collateral Agent nor any Holder shall have any other duty as to any Collateral in its possession or control or in the possession or control of any agent or nominee of the Subordinated Collateral Agent or such Holder, or any income thereon or as to the preservation of rights against prior parties or any other rights pertaining thereto.
A Response to Comments Document was generated and included with the updated EA, as Appendix E.
The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay all Secured Obligations, including any attorneys’ fees and other expenses incurred by the Subordinated Collateral Agent or any Holder to collect such deficiency.