Common use of Compromises and Collection of Collateral Clause in Contracts

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables, that certain of the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Receivable may exceed the amount that reasonably may be expected to be recovered with respect to a Receivable. In view of the foregoing, each Grantor agrees that the Notes Collateral Agent may (but shall not be obligated to) at any time and from time to time, if an Event of Default has occurred and is continuing, compromise with the obligor on any Receivable, or accept in full payment of any Receivable such amount as the Notes Collateral Agent in its sole discretion shall determine, and any such action by the Notes Collateral Agent shall be commercially reasonable so long as the Notes Collateral Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Agent Trustee recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the ReceivablesReceivables that are included in the Collateral and owned by such Grantor, that certain of the such Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a such disputed Receivable Receivables may exceed the amount that reasonably may be expected to be recovered with respect to a Receivablesuch Receivables. In view of the foregoing, each Grantor agrees that the Notes Collateral Agent Trustee may (but shall not be obligated to) at any time and from time to time, if an Event when a Notice of Default has occurred Acceleration is in effect and is continuingsubject to the provisions of the Intercreditor Agreement, compromise with the obligor on any such Receivable, or accept any amount in full payment of any such Receivable or abandon any such amount as the Notes Collateral Agent in its sole discretion shall determineReceivable, and any such action by the Notes Collateral Agent Trustee shall be commercially reasonable so long as the Notes Collateral Agent Trustee acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables, that certain of the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Receivable may exceed the amount that reasonably may be expected to be recovered with respect to a any Receivable. In view of the foregoing, each Grantor agrees that the Notes Collateral Agent may (but shall not be obligated to) at any time and from time to time, if an Event of Default has occurred and is continuingcontinuing and upon three Business Days’ notice to the relevant Grantor, compromise with the obligor on any Receivable, or accept in full payment of any Receivable such amount as the Notes Collateral Agent in its sole and reasonable discretion shall determinedetermine or abandon any Receivable, and any such action by the Notes Collateral Agent shall be commercially reasonable so long as the Notes Collateral Agent acts reasonably in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor The Grantors and the Notes Collateral Agent recognize that setoffs, counterclaims, defenses defences and other claims may be asserted by obligors with respect to certain of the Receivables, that certain of the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Receivable may exceed the amount that reasonably may be expected to be recovered with respect to a Receivable. In view of the foregoing, each Grantor agrees that that, subject to the Notes terms of the Intercreditor Agreement, the Collateral Agent and any Receiver may (but shall not be obligated to) at any time and from time to time, if an Event of Default has occurred and is continuing, compromise with the obligor on any Receivable, or accept in full payment of any Receivable such amount as the Notes Collateral Agent or Receiver in its sole reasonable discretion shall determinedetermine or abandon any Receivable, and any such action by the Notes Collateral Agent or Receiver shall be commercially reasonable so long as the Notes Collateral Agent or Receiver acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the ReceivablesReceivables that are included in the Collateral and owned by such Grantor, that certain of the such Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a such disputed Receivable Receivables may exceed the amount that reasonably may be expected to be recovered with respect to a Receivablesuch Receivables. In view of the foregoing, each Grantor agrees agrees, subject to the Intercreditor Agreement, that the Notes Collateral Agent may (but shall not be obligated to) at any time and from time to time, if an Event of Default has occurred and is continuing, compromise with the obligor on any such Receivable, or accept any amount in full payment of any such Receivable such amount as the Notes Collateral Agent in its sole discretion shall determinedetermine or abandon any such Receivable, and any such action by the Notes Collateral Agent shall be commercially reasonable so long as the Notes Collateral Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Agent (on behalf of itself and the other Secured Parties) recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables, that certain of the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Receivable may exceed the amount that reasonably may be expected to be recovered with respect to a Receivable. In view of the foregoing, each Grantor agrees that the Notes Collateral Agent may (but shall not be obligated to) at any time and from time to time, if an Event of Default has occurred and is continuingcontinuing and subject to the Intercreditor Agreement, compromise with the obligor on any Receivable, or accept in full payment of any Receivable such amount as the Notes Collateral Agent in its sole discretion shall determinedetermine or abandon any Receivable, and any such action by the Notes Collateral Agent shall be commercially reasonable so long as the Notes Collateral Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor The Grantors and the Notes Collateral Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables, that certain of the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Receivable may exceed the amount that reasonably may be expected to be recovered with respect to a Receivable. In view of the foregoing, each Grantor agrees the Grantors agree that the Notes Collateral Agent may (but shall not be obligated to) at any time and from time to time, subject to the terms of the Intercreditor Agreement, if an Event of Default has occurred and is continuing, compromise with the obligor on any Receivable, or accept in full payment of any Receivable such amount as the Notes Collateral Agent in its sole discretion shall determinedetermine or abandon any Receivable, and any such action by the Notes Collateral Agent shall be commercially reasonable so long as the Notes Collateral Agent acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Agent Trustee recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the Receivables, that certain of the Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Receivable may exceed the amount that reasonably may be expected to be recovered with respect to a Receivable. In view of the foregoing, each Grantor agrees that the Notes Collateral Agent Trustee may (but shall not be obligated to) at any time and from time to time, if an Event of Default has occurred and is continuing, compromise with the obligor on any ReceivableReceivable to the extent it constitutes Collateral, or accept in full payment of any Receivable to the extent it constitutes Collateral such amount as the Notes Collateral Agent Trustee in its sole discretion shall determinedetermine or abandon any such Receivable, and any such action by the Notes Collateral Agent Trustee shall be commercially reasonable so long as the Notes Collateral Agent Trustee acts in good faith based on information known to it at the time it takes any such action.

Compromises and Collection of Collateral. Each Grantor and the Notes Collateral Agent recognize that setoffs, counterclaims, defenses and other claims may be asserted by obligors with respect to certain of the ReceivablesReceivables included in the Collateral, that certain of the such Receivables may be or become uncollectible in whole or in part and that the expense and probability of success in litigating a disputed Receivable may exceed the amount that reasonably may be expected to be recovered with respect to a such Receivable. In view of the foregoing, each Grantor agrees that the Notes Collateral Agent may (but shall not be obligated to) at any time and from time to time, if an Event of Default has occurred and is continuing, compromise with the obligor on any ReceivableReceivable included in the Collateral, or accept in full payment of any such Receivable such amount as the Notes Collateral Agent in its sole discretion shall determinedetermine or abandon any such Receivable, and any such action by the Notes Collateral Agent shall be commercially reasonable so long as the Notes Collateral Agent acts in good faith based on information known to it at the time it takes any such action.