Examples of SVB Collateral in a sentence
SVB shall not have any liability or duty of any kind to the Collateral Agent or the Noteholders with respect to the SVB Collateral, except as set forth in this Agreement.
Notwithstanding the foregoing, SVB shall give the Collateral Agent reasonable prior notice of any foreclosure upon or disposition of any SVB Collateral by SVB.
Neither the Collateral Agent nor any Noteholder shall be entitled to exercise any rights or remedies with respect to the SVB Collateral, including any right to (a) enforce any liens thereon or sell or otherwise foreclose on any portion of the SVB Collateral or (b) request any action, institute proceedings, give any instructions, make any election, give any notice to account debtors or make collections with respect to any portion of the SVB Collateral.
The Collateral Agent will execute and deliver any and all releases and other documents that SVB may reasonably request to give effect to any such sale of or foreclosure upon SVB Collateral (subject to the rights of the Collateral Agent and the Noteholders to any SVB Collateral or proceeds thereof if such sale or foreclosure shall result in a termination of this Agreement as to SVB pursuant to Section 4.4 hereof).
The Collateral Agent will execute and deliver any and all releases and other documents that SVB may reasonably request to give effect to any such sale of or foreclosure upon SVB Collateral (subject to the rights of the Collateral Agent and the Noteholders to any SVB Collateral or proceeds thereof if such sale or foreclosure shall result in a termination of this Agreement pursuant to Section 4.4 hereof).
As used in this Agreement, "SVB Collateral" means all of the property of Borrower, now owned and hereafter acquired, other than the Creditor Collateral.
Creditor shall not collect, take possession of, foreclose upon, or exercise any other rights or remedies with respect to SVB Collateral, judicially or nonjudicially, or attempt to do any of the foregoing, without the prior written consent of SVB, which shall be a matter of SVB's sole discretion.
Without limiting the provisions of Section 2.3 hereof, any amounts received by the Collateral Agent or any Noteholder on or as a result of any exercise of remedies under the Noteholder Collateral Documents with respect to, or otherwise from the proceeds of a sale or transfer or other disposition of, the SVB Collateral, or otherwise, shall be paid over to SVB for application to the SVB Obligations in the manner provided in the SVB Agreements.
The proceeds of any SVB Collateral so sold or disposed of shall be applied, after the deduction of any and all costs relating to such sale or disposition (including attorney's fees, advertising costs and auctioneer's fees) to any and all outstanding SVB Obligations in such order as SVB, in its discretion, may determine, and only if all SVB Obligations have been indefeasibly paid in full, then to all or any part of the Creditor Obligations in such order as Creditor, in its discretion, may determine.
Without limiting the provisions of Section 2.3 hereof, any amounts received by the Collateral Agent or any Noteholder on or as a result of any exercise of remedies under the Noteholder Collateral Documents with respect to, or otherwise from the proceeds of a sale or transfer or other disposition of, the SVB Collateral, or otherwise, shall be paid over to SVB for application to the SVB Obligations in the manner provided in the SVB Agreements or the SVB Subsidiary Agreements, as the case may be.