THE COLLATERAL AGENT shall give the Grantor 15 days' written notice (which the Grantor agrees is reasonable notice within the meaning of Section 9-504(3) of the Uniform Commercial Code as in effect in the State of New York or its equivalent in other jurisdictions) of the Collateral Agent's intention to make any sale of Collateral. Such notice, in the case of a public sale, shall state the time and place for such sale. Any such public sale shall be held at such time or times within ordinary business hours and at such place or places as the Collateral Agent may fix and state in the notice (if any) of such sale. At any such sale, the Collateral, or portion thereof, to be sold may be sold in one lot as an entirety or in separate parcels, as the Collateral Agent may (in its sole and absolute discretion) determine. The Collateral Agent shall not be obligated to make any sale of any Collateral if it shall determine not to do so, regardless of the fact that notice of sale of such Collateral shall have been given. The Collateral Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned. In case any sale of all or any part of the Collateral is made on credit or for future delivery, the Collateral so sold may be retained by the Collateral Agent until the sale price is paid by the purchaser or purchasers thereof, but the Collateral Agent shall not incur any liability in case any such purchaser or purchasers shall fail to take up and pay for the Collateral so sold and, in case of any such failure, such Collateral may be sold again upon like notice. At any public sale made pursuant to this Section, any Secured Party may bid for or purchase, free (to the extent permitted by law) from any right of redemption, stay, valuation or appraisal on the part of the Grantor (all said rights being also hereby waived and released to the extent permitted by law), the Collateral or any part thereof offered for sale and may make payment on account thereof by using any claim then due and payable to such Secured Party from the Grantor as a credit against the purchase price, and such Secured Party may, upon compliance with the terms of sale, hold, retain and dispose of such property without further accountability to the Grantor therefor. For purposes hereof, a written agreement to ...
THE COLLATERAL AGENT. TEAM COMMUNICATIONS GROUP, INC. XXXXXXX X. XXXXXXX a California corporation By:______________________________________ ______________________________ Its:_____________________________________ APPROVED BY "LENDERS": _________________________________ ___________________________________ ALPHA CAPITAL AKTIENGESELLSCHAFT AMRO INTERNATIONAL, S.A. - "Lender" - "Lender" _________________________________ THE XXXXXX AND XXXXX XXXXXXXXXX FAMILY TRUST - "Lender" This Security Agreement may be executed by facsimile signature and delivered by confirmed facsimile transmission.
THE COLLATERAL AGENT has all requisite right, power and authority to execute and deliver this Agreement and to perform all of its duties as Collateral Agent hereunder.
Examples of THE COLLATERAL AGENT in a sentence
IN ADDITION TO THE RIGHT TO VOTE ANY SUCH PLEDGED COLLATERAL, THE APPOINTMENT OF THE COLLATERAL AGENT AS PROXY AND ATTORNEY-IN-FACT SHALL INCLUDE THE RIGHT TO EXERCISE ALL OTHER RIGHTS, POWERS, PRIVILEGES AND REMEDIES TO WHICH A HOLDER OF SUCH PLEDGED COLLATERAL WOULD BE ENTITLED (INCLUDING GIVING OR WITHHOLDING WRITTEN CONSENTS OF SHAREHOLDERS, CALLING SPECIAL MEETINGS OF SHAREHOLDERS AND VOTING AT SUCH MEETINGS).
FURTHERMORE, Debtor EXPRESSLY ACKNOWLEDGES AND AGREES THAT NEITHER 11 U.S.C. SECTION 362 NOR ANY OTHER SECTION OF THE BANKRUPTCY CODE OR OTHER STATUTE OR RULE (INCLUDING, WITHOUT LIMITATION, 11 U.S.C. SECTION 105) SHALL STAY, INTERDICT, CONDITION, REDUCE OR INHIBIT IN ANY WAY THE ABILITY OF THE COLLATERAL AGENT TO ENFORCE ANY OF ITS RIGHTS AND REMEDIES UNDER THE LOAN DOCUMENTS AND/OR APPLICABLE LAW.
NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE COLLATERAL AGENT UNDER THIS AGREEMENT, OR ANY SECURED CREDITOR, TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST ANY ASSIGNOR IN ANY OTHER JURISDICTION.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIEN AND SECURITY INTEREST GRANTED TO THE COLLATERAL AGENT, FOR THE BENEFIT OF THE SECURED PARTIES, PURSUANT TO THIS AGREEMENT AND THE EXERCISE OF ANY RIGHT OR REMEDY BY THE COLLATERAL AGENT AND THE OTHER SECURED PARTIES HEREUNDER ARE SUBJECT TO THE PROVISIONS OF THE INTERCREDITOR AGREEMENT.
EACH LENDER AGREES THAT THIS SECTION 11(c) IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND ACKNOWLEDGE THAT THE COLLATERAL AGENT WOULD NOT ENTER THIS AGREEMENT IF THIS SECTION 11(c) WERE NOT PART OF THIS AGREEMENT.
More Definitions of THE COLLATERAL AGENT
THE COLLATERAL AGENT. [Address] Attention: [ ] Telecopy: [ ] Telephone: [ ] provided that any notice, request or demand to the Secured Party shall not be effective until received.
THE COLLATERAL AGENT. ADVANCED AERODYNAMICS & XXXXXXX X. XXXXXXX STRUCTURES, INC. a Delaware corporation By: __________________________________ ________________________________________ Its: _________________________________ APPROVED BY "LENDERS":
THE COLLATERAL AGENT is hereby granted a license or other right to use, without charge, each Grantor's and each of its Subsidiaries' labels, patents, copyrights, licenses, rights of use of any name, trade secrets, tradenames, trademarks and advertising matter, or any property of a similar nature, as it pertains to the Collateral, in completing, advertising for sale and selling any Collateral and each Grantor's and each of its Subsidiaries' rights under all licenses and all franchise agreements shall inure to the Collateral Agent's benefit.
THE COLLATERAL AGENT. ONE VOICE TECHNOLOGIES INC. XXXX XXXXXXXX A Nevada corporation
THE COLLATERAL AGENT. SUMITOMO MITSUI BANKING CORPORATION, not in its individual capacity but solely as the Collateral Agent By: /s/ Xxx Xxxxxxxxx Name: Xxx Xxxxxxxxx Title: Managing Director THE COLLATERAL CUSTODIAN: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Collateral Custodian By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President THE BANK: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Bank By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Conformed through Omnibus Amendment No. 23
THE COLLATERAL AGENT. Xxxxxx Xxxxxxx Senior Funding, Inc. 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Agency Team This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns and it and the rights and obligations of the parties hereto shall be governed by, and construed and enforced in accordance with the laws of the State of New York without regard to conflict of law principles thereof that would result in the application of any law other than the law of the State of New York, and the Approved Securities Intermediary’s jurisdiction for the purposes of Section 8-110 of the UCC shall be the State of New York. The Approved Securities Intermediary will treat all property at any time credited by the Approved Securities Intermediary to the Account as financial assets within the meaning of the UCC. The Approved Securities Intermediary acknowledges that this Agreement constitutes written notification to the Approved Securities Intermediary, pursuant to the UCC and any applicable federal regulations for the Federal Reserve Book Entry System, of the Collateral Agent’s security interest in the Assets. The Grantor, the Collateral Agent and Approved Securities Intermediary are entering into this Agreement to provide for the Collateral Agent’s control of the Assets and to confirm the first and exclusive priority of the Collateral Agent’s security interest in the Assets. The Approved Securities Intermediary agrees to promptly make and thereafter maintain all necessary entries or notations in its books and records to reflect the Collateral Agent’s security interest in the Assets. If any term or provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall be construed in all respects as if the invalid or unenforceable term or provision were omitted. This Agreement may not be altered or amended in any manner without the express written consent of the Grantor, the Collateral Agent and the Approved Securities Intermediary. This Agreement may be executed in any number of counterparts, all of which shall constitute one original agreement. This Agreement may be terminated by the Approved Securities Intermediary upon 30 days’ prior written notice to the Grantor and the Collateral Agent. The Collateral Agent may terminate this Agreement upon 3 days’ prior written notice to the Approved Security Intermediary and the Grantor. The Grantor acknowledges that this Agreement supplements...
THE COLLATERAL AGENT. SUMITOMO MITSUI BANKING CORPORATION, not in its individual capacity but solely as the Collateral Agent By: /s/ Yxxxxxxxx Xxxxxxxxx Name: Yxxxxxxxx Xxxxxxxxx Title: Managing Director THE COLLATERAL CUSTODIAN: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Collateral Custodian By: /s/ Kxxxxxx Xxxxxx Name: Kxxxxxx Xxxxxx Title: Assistant Vice President THE BANK: U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as the Bank By: /s/ Jxxxx X. Xxxxxx Name: Jxxxx X. Xxxxxx Title: Vice President Up to U.S. $500,000,0001,000,000,000