Common use of Authorization of the Borrower Clause in Contracts

Authorization of the Borrower. (a) Each of the Administrative Agent, each Lender and each Lender hereby authorizes the Borrower (including any successor thereto) to take any and all reasonable steps necessary or desirable in the determination of the Borrower to collect all amounts due under any and all Collateral, including, without limitation, executing and delivering any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Collateral and, after the delinquency of any Collateral and to the extent permitted under and in compliance with Applicable Law, to commence proceedings with respect to enforcing payment thereof. In no event shall the Borrower be entitled to make the Secured Parties, the Administrative Agent, the Collateral Agent or any Lender a party to any litigation without such party’s express prior written consent, or to make the Borrower a party to any litigation (other than any routine foreclosure or similar collection procedure) without the Administrative Agent’s and each ▇▇▇▇▇▇’s consent. (b) After the declaration or automatic occurrence of the Final Maturity Date, at the direction of the Administrative Agent, the Borrower shall take such action as the Administrative Agent may deem necessary or advisable to enforce collection of the Collateral; provided that the Administrative Agent may, at any time during the continuance of an Event of Default notify any Obligor with respect to any Collateral of the assignment of such Collateral to the Collateral Agent on behalf of the Secured Parties and direct that payments of all amounts due or to become due be made directly to the Administrative Agent or any servicer, collection agent or account designated by the Administrative Agent and, upon such notification and at the expense of the Borrower, the Administrative Agent may enforce collection of any such Collateral, and adjust, settle or compromise the amount or payment thereof.

Appears in 2 contracts

Sources: Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp)

Authorization of the Borrower. (a) Each of the Administrative Agent, each Lender and each Lender hereby authorizes the Borrower (including any successor thereto) to take any and all reasonable steps necessary or desirable in the determination of the Borrower to collect all amounts due under any and all Collateral, including, without limitation, executing and delivering any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Collateral and, after the delinquency of any Collateral and to the extent permitted under and in compliance with Applicable Law, to commence proceedings with respect to enforcing payment thereof. In no event shall the Borrower be entitled to make the Secured Parties, the Administrative Agent, the Collateral Agent or any Lender a party to any litigation without such party’s express prior written consent, or to make the Borrower a party to any litigation (other than any routine foreclosure or similar collection procedure) without the Administrative Agent’s and each ▇▇▇▇▇▇Lender’s consent. (b) After the declaration or automatic occurrence of the Final Maturity Date, at the direction of the Administrative Agent, the Borrower shall take such action as the Administrative Agent may deem necessary or advisable to enforce collection of the Collateral; provided that the Administrative Agent may, at any time during the continuance of an Event of Default notify any Obligor with respect to any Collateral of the assignment of such Collateral to the Collateral Agent on behalf of the Secured Parties and direct that payments of all amounts due or to become due be made directly to the Administrative Agent or any servicer, collection agent or account designated by the Administrative Agent and, upon such notification and at the expense of the Borrower, the Administrative Agent may enforce collection of any such Collateral, and adjust, settle or compromise the amount or payment thereof.

Appears in 1 contract

Sources: Loan and Servicing Agreement (Star Mountain Lower Middle-Market Capital Corp)

Authorization of the Borrower. (a) Each of the Administrative Agent, each Lender and each Lender hereby authorizes the The Borrower (including any successor thereto) to shall take any and all reasonable steps in its name and on its behalf necessary or desirable in the determination of the Borrower to collect all amounts due under any and all Collateral, including, without limitationincluding endorsing its name on checks and other instruments, executing and delivering any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Collateral and, after the delinquency of any Collateral and to the extent permitted under and in compliance with Applicable Law, to commence proceedings with respect to enforcing payment thereof. In no event shall the Borrower be entitled to make the any Secured Parties, the Administrative Agent, the Collateral Agent or any Lender Party a party to any litigation without such party’s express prior written consent, or to make the Borrower a party to any litigation (other than any routine foreclosure or similar collection procedure) without the Administrative Agent’s and each ▇▇▇▇▇▇’s consent. (b) After the declaration or automatic occurrence of the Final Maturity Termination Date, at the direction of the Administrative Agent, the Borrower shall take such action as the Administrative Agent may deem necessary or advisable to enforce collection of the Collateral; provided that the Administrative Agent may, at any time during the continuance of an Event of Default in accordance with Section 5.1(m), notify any Obligor relevant administrative agent or Obligor, as applicable, with respect to any Collateral of the assignment of such Collateral to the Collateral Agent Administrative Agent, on behalf of the Secured Parties Parties, and direct that payments of all amounts due or to become due be made directly to the Administrative Agent or any servicercollection agent, collection agent sub‑agent or account designated by the Administrative Agent and, upon such notification and at the expense of the Borrower, the Administrative Agent may enforce collection of any such Collateral, and adjust, settle or compromise the amount or payment thereof.

Appears in 1 contract

Sources: Loan and Security Agreement (Crescent Capital BDC, Inc.)

Authorization of the Borrower. (a) Each of the The Administrative Agent, each Lender and each Lender Agent hereby authorizes the Borrower (including any successor thereto) to take any and all reasonable steps in its name and on its behalf necessary or desirable in and not inconsistent with the determination pledge of the Borrower Collateral to the Administrative Agent to collect all amounts due under any and all Collateral, including, without limitation, endorsing any checks and other instruments representing Income, executing and delivering any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Collateral and, after the delinquency of any Collateral and to the extent permitted under and in compliance with Applicable Law, to commence proceedings with respect to enforcing payment thereof, to the same extent as the Borrower could have done if it had continued to own such Collateral free of the Lien of the Administrative Agent. The Administrative Agent shall furnish the Borrower (and any successors thereto) with any powers of attorney and other documents necessary or appropriate to enable the Borrower to carry out their servicing and administrative duties hereunder and shall cooperate with the Borrower to the fullest extent in order to ensure the collectibility of the Collateral. In no event shall the Borrower be entitled to make the Secured Parties, the Administrative Agent, the Collateral Agent or any Lender a party to any litigation without such partythe Administrative Agent’s express prior written consent, or to make the Borrower a party to any litigation (other than any routine foreclosure or similar collection procedure) without the Administrative Agent’s and each ▇▇▇▇▇▇’s consent. (b) After the declaration or automatic occurrence Subject to all other rights of the Final Maturity DateAdministrative Agent contained herein, after an Event of Default has occurred and is continuing, at the direction of the Administrative Agent, the Borrower shall take such action as the Administrative Agent may deem necessary or advisable to enforce collection of the Collateral; provided that provided, however, subject to all other rights of the Administrative Agent contained herein, the Administrative Agent may, at any time during the continuance of that an Event of Default or Default has occurred and is continuing, notify any Obligor with respect to any Collateral of the assignment of such Collateral to the Collateral Administrative Agent on behalf of the Secured Parties and direct that payments of all amounts due or to become due be made directly to the Administrative Agent or any servicer, collection agent or lock–box or other account designated by the Administrative Agent and, upon such notification and at the expense of the Borrower, the Administrative Agent may enforce collection of any such Collateral, Collateral and adjust, settle or compromise the amount or payment thereof.

Appears in 1 contract

Sources: Credit Agreement (CapLease, Inc.)