Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 6 contracts
Sources: Loan Agreement (Global Blood Therapeutics, Inc.), Guaranty and Security Agreement (Akebia Therapeutics, Inc.), Guaranty and Security Agreement (Epizyme, Inc.)
Management of the Collateral. Each Grantor further agrees, agrees that, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 6 contracts
Sources: Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP), Credit Agreement (Francesca's Holdings CORP)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remedies's remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 5 contracts
Sources: Guaranty and Security Agreement (Princeton Review Inc), Guaranty and Security Agreement (Parlux Fragrances Inc), Guaranty and Security Agreement (Bombay Company Inc)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s 's request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s 's premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies's remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 4 contracts
Sources: Guaranty and Security Agreement (Cinedigm Digital Cinema Corp.), Guaranty and Security Agreement (Cinedigm Digital Cinema Corp.), Guaranty and Security Agreement (Cinedigm Digital Cinema Corp.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 4 contracts
Sources: Security Agreement (Cinedigm Digital Cinema Corp.), Securities Purchase Agreement (Film Department Holdings, Inc.), Guaranty and Security Agreement (Cinedigm Digital Cinema Corp.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer enter into an asset sale with respect to any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesAgent‘s remedies (for the benefit of the Purchaser Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 4 contracts
Sources: Security Agreement (Profusa, Inc.), Security Agreement (ReShape Lifesciences Inc.), Security Agreement (Vsee Health, Inc.)
Management of the Collateral. Each Grantor further agrees, that, during the existence and continuance of any Event of Default, (i) at the Collateral Administrative Agent’s 's request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s 's premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remedies's remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 2 contracts
Sources: Second Lien Guaranty and Security Agreement (Inverness Medical Innovations Inc), First Lien Guaranty and Security Agreement (Inverness Medical Innovations Inc)
Management of the Collateral. Each Grantor Loan Party further agrees, that, during the continuance of any Event of Default, subject to the terms set forth in the Term Loan Agreement, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such GrantorLoan Party’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent shall also has have the right to require that such Grantor each Loan Party store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor Loan Party to maintain or preserve the rights of any Grantor Loan Party as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 2 contracts
Sources: Term Loan Agreement (Cinedigm Digital Cinema Corp.), Guaranty, Pledge and Security Agreement (Cinedigm Digital Cinema Corp.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral AgentLender’s request, it shall assemble the Collateral and make it available to the Collateral Agent Lender at places that the Collateral Agent Lender shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent Lender also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent Lender and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Lender is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent Lender shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Lender and (iv) the Collateral Agent Lender may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent Lender shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral AgentLender.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement (Amicus Therapeutics Inc)
Management of the Collateral. Each Grantor further agrees, that, agrees that during the continuance of any Event of Default, (i) at the Collateral AgentTrustee’s request, it shall assemble the Collateral (including any books and records) and make it available to the Collateral Agent Trustee at places that the Collateral Agent Trustee shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent Trustee also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent Trustee and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be reasonably necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Trustee is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent Trustee shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Trustee and (iv) the Collateral Agent Trustee may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral AgentTrustee’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent Trustee shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentTrustee.
Appears in 2 contracts
Sources: Security Agreement (Unisys Corp), Security Agreement (Unisys Corp)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral AgentLender’s request, it shall assemble the Collateral and make it available to the Collateral Agent Lender at places that the Collateral Agent Lender shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent Lender also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent Lender and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Lender is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent Lender shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Lender and (iv) the Collateral Agent Lender may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent Subject to Section 7.4, Lender shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral AgentLender.
Appears in 2 contracts
Sources: Guaranty and Security Agreement (iRhythm Technologies, Inc.), Guaranty and Security Agreement (iRhythm Technologies, Inc.)
Management of the Collateral. Each Grantor further agrees, agrees that, during the continuance of any Event of DefaultDefault and subject to the terms of the Intercreditor Agreement, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 2 contracts
Sources: Security Agreement (Thermon Holding Corp.), Security Agreement (Thermon Holding Corp.)
Management of the Collateral. Each Grantor further agrees, that, upon the occurrence and during the continuance of any Event of DefaultDefault and to the fullest extent not prohibited by Applicable Law and, in each case, subject to the terms of the Intercreditor Agreement (if applicable), (i) at the Collateral Agent’s written request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Agent, and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 2 contracts
Sources: Guaranty and Security Agreement (Endologix Inc /De/), Guaranty and Security Agreement (Endologix Inc /De/)
Management of the Collateral. Each Grantor further agrees, that, agrees that during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral (including any books and records) and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be reasonably necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 2 contracts
Sources: Security Agreement (Unisys Corp), Security Agreement (Unisys Corp)
Management of the Collateral. Each Grantor The Borrower further agrees, that, during the existence and continuance of any Event of Default, (i) at the Collateral AgentLender’s request, it shall assemble the Collateral and make it available to the Collateral Agent Lender at places that the Collateral Agent Lender shall reasonably select, whether at such Grantorthe Borrower’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent Lender also has the right to require that such Grantor the Borrower store and keep any Collateral pending further action by the Collateral Agent Lender and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Lender is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent Lender shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Lender and (iv) the Collateral Agent Lender may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent Lender shall not have any obligation to any Grantor the Borrower to maintain or preserve the rights of any Grantor the Borrower as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentLender.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) to the Collateral extent permitted by applicable law, the Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Except as required under the UCC, the Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Security Agreement (McClatchy Co)
Management of the Collateral. Each Grantor further agrees, that, upon the occurrence and during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Dispose of any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate necessary or desirable for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate necessary or desirable by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Guaranty and Security Agreement (University Club, Inc. (FL))
Management of the Collateral. Each The Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such the Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such the Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer enter into an asset sale with respect to any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Purchaser Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any the Grantor to maintain or preserve the rights of any the Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be reasonably necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Pledge and Security Agreement (Waitr Holdings Inc.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies, with respect to such appointment without any prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the existence and continuance of any Event of Default, (i) at the Collateral Administrative Agent’s 's request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s 's premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide take such guards and maintenance services actions as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remedies's remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Second Lien Guaranty and Security Agreement (Goamerica Inc)
Management of the Collateral. Each Grantor further agrees, that, agrees that during the continuance of any Event of Default, (i) at the Collateral AgentTrustee’s request, it shall assemble the Collateral and make it available to the Collateral Agent Trustee at places that the Collateral Agent Trustee shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent Trustee also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent Trustee and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be reasonably necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Trustee is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent Trustee shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Trustee and (iv) the Collateral Agent Trustee may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral AgentTrustee’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent Trustee shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentTrustee.
Appears in 1 contract
Sources: Security Agreement (Unisys Corp)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear exceptedAgent, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender▇▇▇▇▇▇’s remedies, with respect to such appointment without any prior written notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s or the Requisite Lenders’ request, it shall promptly and at its own expense assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent or the Requisite Lenders shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose reasonably deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies's remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Einstein Noah Restaurant Group Inc)
Management of the Collateral. Each Grantor further agrees, agrees that, during the continuance of any Event of Secured Debt Default, (i) at the Collateral AgentTrustee’s request, it shall assemble the Collateral and make it available to the Collateral Agent Trustee at places that the Collateral Agent Trustee shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent Trustee also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent Trustee and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Trustee is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent Trustee shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Trustee and (iv) the Collateral Agent Trustee may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral AgentTrustee’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent Trustee shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentTrustee.
Appears in 1 contract
Sources: Security Agreement (Entravision Communications Corp)
Management of the Collateral. Each Grantor further agrees, that, upon the occurrence and during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be reasonably necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s or the Requisite Lenders’ request, it shall promptly and at its own expense assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent or the Requisite Lenders shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose reasonably deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Amendment Agreement (Cit Group Inc)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Dispose of any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Palm Harbor Homes Inc /Fl/)
Management of the Collateral. Each Grantor The Borrower further agrees, that, during the continuance of any Event of Default, (i) at to the extent the Collateral Agent’s request, it shall assemble is in the Collateral and make it available to possession of the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises Borrower or elsewhere, (ii) without limiting the foregoingany of its Related Parties, the Collateral Agent Lender also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, Borrower provide such guards and maintenance services as shall be necessary to protect the same Collateral and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iiiii) until the Collateral Agent Lender is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent Lender shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Lender and (iviii) the Collateral Agent Lender may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies's remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent Borrower hereby consents to such rights and such appointment and hereby waives any objection the Borrower may have thereto or the right to have a bond or other security posted by the Lender in connection therewith. The Lender shall not have any obligation to any Grantor the Borrower to maintain or preserve the rights of any Grantor the Borrower as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentLender.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer enter into an asset sale with respect to any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Holder Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, subject to the terms of the Subordination Agreement, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Princeton Review Inc)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral AgentSubordinated Lender’s request, it shall assemble the Collateral and make it available to the Collateral Agent Subordinated Lender at places that the Collateral Agent Subordinated Lender shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent Subordinated Lender also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent Subordinated Lender and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Subordinated Lender is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent Subordinated Lender shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent Subordinated Lender and (iv) the Collateral Agent Subordinated Lender may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Subordinated Lender’s remedies, with respect to such appointment without prior notice or hearing as to such appointment, except as required by law. The Collateral Agent Subordinated Lender shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentSubordinated Lender.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the existence and continuance of any Event of Default, (i) at the Collateral Agent’s 's request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s 's premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide take such guards and maintenance services actions as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies's remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the existence and continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, agrees that, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s 's request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s 's premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it reasonably deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remedies's remedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Guaranty, Pledge and Security Agreement (PROS Holdings, Inc.)
Management of the Collateral. Each Grantor further agrees, that, during the existence and continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agreesagrees that, thatsubject to the Intercreditor Agreement, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble all or part of the tangible Collateral as directed by the Administrative Agent and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Second Lien Guaranty and Security Agreement (Westwood One Inc /De/)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Adminis- trative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be reasonably necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any CollateralCollat- eral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems reasonably appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed reasonably appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect re- spect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Admin- istrative Agent.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Townsquare Media, Inc.)
Management of the Collateral. Each Grantor further agrees, that, during the existence and continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide take such guards and maintenance services actions as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Second Lien Guaranty and Security Agreement (Clearlake Capital Partners, LLC)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble all or part of the tangible Collateral as directed by the Administrative Agent and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Westwood One Inc /De/)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender▇▇▇▇▇▇’s remedies, with respect to such appointment without any prior written notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Loan Agreement (UroGen Pharma Ltd.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, subject to the terms of the Intercreditor Agreement, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer enter into an asset sale with respect to any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Purchaser Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Security Agreement (Digital Health Acquisition Corp.)
Management of the Collateral. Each Grantor further agrees, that, upon the occurrence and during the continuance of any Event of Default, (i) at the Collateral Administrative Agent’s request, it shall assemble the Collateral and make it available to the Collateral Administrative Agent at places that the Collateral Administrative Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Administrative Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Administrative Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Administrative Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Administrative Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Administrative Agent and (iv) the Collateral Administrative Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Administrative Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Administrative Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Administrative Agent.
Appears in 1 contract
Sources: Guaranty and Security Agreement (FTE Networks, Inc.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) to the extent permitted by applicable law, the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Except as required under the UCC, the Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Security Agreement (Olympic-Cascade Publishing, Inc.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral Col- lateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) to the extent permitted by applicable law, the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesremedies (for the benefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Except as required under the UCC, the Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any LenderL▇▇▇▇▇’s remedies, with respect to such appointment without any prior written notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Loan Agreement (Precigen, Inc.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, subject to the terms of the Intercreditor Agreement, (i) at the Collateral AgentTrustee’s request, it shall assemble the Collateral and make it available to the Collateral Agent Trustee at places that the Collateral Agent Trustee shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent Trustee also has the right to require that such each Grantor store and keep any Collateral pending further action by the Collateral Agent Trustee and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Trustee is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent Trustee shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent Trustee may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of Collateral Trustee’s remedies (for the Collateral Agent’s or any Lender’s remediesbenefit of the Secured Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent Trustee shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentTrustee.
Appears in 1 contract
Management of the Collateral. Each The Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s 's request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such the Grantor’s 's premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such the Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent Lender is able to sell, assign, license out, convey or transfer Sell any Collateral, the Collateral Agent Lender shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any 's remedies (for the benefit of the Lender’s remedies, ) with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any the Grantor to maintain or preserve the rights of any the Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Security Agreement (Cinedigm Corp.)
Management of the Collateral. Each Grantor The Company further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s OOGEDT's request, it shall assemble the Collateral and make it available to the Collateral Agent OOGEDT at places that the Collateral Agent OOGEDT shall reasonably select, whether at such Grantor’s the Company's premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent OOGEDT also has the right to require that such Grantor the Company store and keep any Collateral pending further action by the Collateral Agent OOGEDT and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent OOGEDT is able to sell, assign, license out, convey or transfer sell any Collateral, the Collateral Agent OOGEDT shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent OOGEDT and (iv) the Collateral Agent OOGEDT may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s OOGEDT' s remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent OOGEDT shall not have any obligation to any Grantor the Company to maintain or preserve the rights of any Grantor the Company as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentOOGEDT.
Appears in 1 contract
Sources: Texas Emerging Technology Fund Award and Security Agreement (Ideal Power Inc.)
Management of the Collateral. Each Grantor The Company further agrees, that, during the continuance of any Event of Default, (i) at the Collateral AgentOOGEDT’s request, it shall assemble the Collateral and make it available to the Collateral Agent OOGEDT at places that the Collateral Agent OOGEDT shall reasonably select, whether at such Grantorthe Company’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent OOGEDT also has the right to require that such Grantor the Company store and keep any Collateral pending further action by the Collateral Agent OOGEDT and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent OOGEDT is able to sell, assign, license out, convey or transfer sell any Collateral, the Collateral Agent OOGEDT shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent OOGEDT and (iv) the Collateral Agent OOGEDT may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any LenderOOGEDT’s remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent OOGEDT shall not have any obligation to any Grantor the Company to maintain or preserve the rights of any Grantor the Company as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral AgentOOGEDT.
Appears in 1 contract
Sources: Texas Emerging Technology Fund Award and Security Agreement (Genprex, Inc.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies, with respect to such appointment without any prior written notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Loan Agreement (UroGen Pharma Ltd.)
Management of the Collateral. Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract
Sources: Loan Agreement (TESARO, Inc.)
Management of the Collateral. Each The Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such the Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such the Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer enter into an asset sale with respect to any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remediesAgent‘s remedies (for the benefit of the Purchaser Parties), with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any the Grantor to maintain or preserve the rights of any the Grantor as against other Persons third parties with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.
Appears in 1 contract