Common use of Preservation of Collateral Clause in Contracts

Preservation of Collateral. Following the occurrence of an Event of Default under the Commitment Agreement or the Notes, in addition to the rights and remedies set forth in the Commitment Agreement, the Secured Party: (a) may at any time take such steps as the Secured Party deems necessary to protect the Secured Party's interest in and to preserve the Collateral, including the hiring of such security guards or the placing of other security protection measures as the Secured Party may deem appropriate; (b) may employ and maintain at Internet America's and its subsidiaries' premises a custodian who shall have full authority to do all acts necessary to protect the Secured Party's interests in the Collateral; (c) may lease warehouse facilities to which the Secured Party may move all or part of the Collateral; (d) may use Internet America's and its subsidiaries' owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through Internet America's and its subsidiaries' owned or leased property. Internet America shall, and shall cause its subsidiaries to, cooperate fully with all of the Secured Party's efforts to preserve the Collateral and will, and will cause its subsidiaries to, take such actions to preserve the Collateral as the Secured Party may direct. All of the Secured Party's expenses of preserving the Collateral, including any expenses relating to the bonding of a custodian, shall be added as additional principal to the Notes.

Preservation of Collateral. Following the occurrence and during the continuance of an a Default or Event of Default under the Commitment Agreement or the NotesDefault, in addition to the rights and remedies set forth in the Commitment AgreementSection 11.1 hereof, the Secured PartyAgent: (a) may at any time take such steps as the Secured Party Agent deems necessary in its Permitted Discretion to protect the Secured Party's Agent’s interest in and to preserve the Collateral, including the hiring of such security guards or the placing of other security protection measures as the Secured Party Agent may deem appropriate; (b) may employ and maintain at Internet America's and its subsidiaries' any of any Loan Party’s premises a custodian who shall have full authority to do all acts necessary to protect the Secured Party's Agent’s interests in the Collateral; (c) may lease warehouse facilities to which the Secured Party Agent may move all or part of the Collateral; (d) may use Internet America's and its subsidiaries' any Loan Party’s owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through Internet America's and its subsidiaries' any Loan Party’s owned or leased property. Internet America shall, and Each Loan Party shall cause its subsidiaries to, cooperate fully with all of the Secured Party's Agent’s efforts to preserve the Collateral and will, and will cause its subsidiaries to, take such actions to preserve the Collateral as the Secured Party Agent may direct. All of the Secured Party's Agent’s reasonable and documented out-of-pocket expenses of preserving the Collateral, including any expenses relating to the bonding of a custodian, shall be charged to Borrowers’ Account as a Revolving Advance maintained as a Domestic Rate Loan and added as additional principal to the NotesObligations.

Preservation of Collateral. Following the occurrence of an Event of Default under the Commitment Credit Agreement or the Notes, in addition to the rights and remedies set forth in the Commitment Credit Agreement, the Secured Party: (a) may at any time take such steps as the Secured Party deems necessary to protect the Secured Party's interest in and to preserve the Collateral, including the hiring of such security guards or the placing of other security protection measures as the Secured Party may deem appropriate; (b) may employ and maintain at Internet AmericaBMSR's, BTO's and its their respective subsidiaries' premises a custodian who shall have full authority to do all acts necessary to protect the Secured Party's interests in the Collateral; (c) may lease warehouse facilities to which the Secured Party may move all or part of the Collateral; (d) may use Internet AmericaBMSR's, BTO's and its their respective subsidiaries' owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through Internet AmericaBMSR's, BTO's and its their respective subsidiaries' owned or leased property. Internet America Each of BMSR and BTO shall, and shall cause its subsidiaries to, cooperate fully with all of the Secured Party's efforts to preserve the Collateral and will, and will cause its subsidiaries to, take such actions to preserve the Collateral as the Secured Party may direct. All of the Secured Party's expenses of preserving the Collateral, including any expenses relating to the bonding of a custodian, shall be added as additional principal to the Notes.

Preservation of Collateral. Following the occurrence of an Event of Default under the Commitment Agreement or the NotesDefault, in addition to the rights and remedies set forth in the Commitment Section 3(e) of this Agreement, subject to the Secured PartySubordination Agreement, Ares: (a) may at any time take such steps as the Secured Party Ares reasonably deems necessary to protect the Secured Party's Ares Guarantors’ interest in and to preserve the Collateral, including the hiring of such security guards or the placing of other security protection measures as the Secured Party Ares may deem appropriate; (b) may employ and maintain at Internet America's and its subsidiaries' any Stream Entity’s (other than the Company’s) premises a custodian who shall have full authority to do all acts necessary to protect the Secured Party's Ares Guarantors’ interests in the Collateral; (c) may lease warehouse facilities to which the Secured Party Ares may move all or part of the Collateral; (d) may use Internet America's and its subsidiaries' any Stream Entity’s (other than the Company’s) owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through Internet America's and its subsidiaries' any Stream Entity’s (other than the Company’s) owned or leased property. Internet America shallSubject to the Subordination Agreement, and each Stream Entity shall cause its subsidiaries to, cooperate fully with all of the Secured Party's Ares’ efforts to preserve the Collateral and will, and will cause its subsidiaries to, take such actions to preserve the Collateral as the Secured Party Ares may direct. All of the Secured Party's Ares Guarantors’ reasonable expenses of preserving the Collateral, including any expenses relating to the bonding of a custodian, shall be payable by the Stream Entities and added as additional principal to the NotesGR Obligations.

Preservation of Collateral. Following the occurrence and during the continuation of an a Default or Event of Default under the Commitment Agreement or the Notes, in addition to the rights and remedies set forth in the Commitment AgreementSection 11.1 hereof, the Secured PartyLender: (a) may at any time take such steps as the Secured Party Lender deems necessary to protect the Secured PartyLender's interest in and to preserve the Collateral, including the hiring of such security guards or the placing of other security protection measures as the Secured Party Lender may deem appropriate; (b) may employ and maintain at Internet Americaany of any Loan Party's and its subsidiaries' premises a custodian who shall have full authority to do all acts necessary to protect the Secured PartyLender's interests in the Collateral; (c) may lease warehouse facilities to which the Secured Party Lender may move all or part of the Collateral; (d) may use Internet Americaany Loan Party's and its subsidiaries' owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through Internet Americaany of any Loan Party's and its subsidiaries' owned or leased property. Internet America shall, and Each Borrower shall cause its subsidiaries to, cooperate fully with all of the Secured PartyLender's efforts to preserve the Collateral and will, as permitted in the foregoing sentence and will cause its subsidiaries to, take such actions to preserve the Collateral as the Secured Party Lender may direct. All of the Secured PartyLender's expenses of preserving the CollateralCollateral in accordance with the foregoing, including any expenses relating to the bonding of a custodian, shall be added as additional principal charged to the NotesLoan Account as a Revolving Advance of a Domestic Rate Loan and added to the Obligations.

Preservation of Collateral. Following the occurrence of an a Default or Event of Default under and the Commitment Agreement or the Notesdemand by Lender for payment of all Obligations due and owing, in addition to the rights and remedies set forth in the Commitment AgreementSection 4.2 and Section 12.1 hereof, the Secured PartyLender: (a) may at any time take such steps as the Secured Party Lender deems necessary to protect the Secured Party's Lender’s interest in and to preserve the Collateral, including the hiring of such security guards or the placing of other security protection measures as the Secured Party Lender may deem appropriate; (b) may employ and maintain at Internet America's and its subsidiaries' any Loan Party’s premises a custodian who shall have full authority to do all acts necessary to protect the Secured Party's Lender’s interests in the Collateral; (c) may lease warehouse facilities to which the Secured Party Lender may move all or part of the Collateral; (d) may use Internet America's and its subsidiaries' any Loan Party’s owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through Internet America's and its subsidiaries' any Loan Party’s owned or leased propertyproperty to obtain such Collateral. Internet America shall, and Each Loan Party shall cause its subsidiaries to, cooperate fully with all of the Secured Party's Lender’s efforts to preserve the Collateral and will, and will cause its subsidiaries to, take such actions to preserve the Collateral as the Secured Party Lender may direct. All of the Secured Party's Lender’s expenses of preserving the Collateral, including any expenses relating to the bonding of a custodian, shall be charged to Loan Parties’ Account as a Revolving Advance and added as additional principal to the NotesObligations.

Preservation of Collateral. Following Subject to the occurrence Orders and the ABL Intercreditor Agreement, during the continuance of an Event of Default under the Commitment Agreement or the NotesDefault, in addition to the rights and remedies set forth in the Commitment AgreementSection 11.1 hereof, the Secured PartyAgent: (a) may at any time take such steps as the Secured Party Agent deems necessary to protect the Secured Party's Agent’s interest in and to preserve the US Collateral, including the hiring of such security guards or the placing of other security protection measures as the Secured Party Agent may deem appropriate; (b) may employ and maintain at Internet America's and its subsidiaries' any of any US Loan Party’s premises a custodian who shall have full authority to do all acts necessary to protect the Secured Party's Agent’s interests in the US Collateral; (c) may lease warehouse facilities to which the Secured Party Agent may move all or part of the US Collateral; (d) may use Internet America's and its subsidiaries' any US Loan Party’s owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the US Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the US Collateral is located, and may proceed over and through Internet America's and its subsidiaries' any of US Loan Parties’ owned or leased property. Internet America shall, and Each US Loan Party shall cause its subsidiaries to, cooperate fully with all of the Secured Party's Agent’s efforts to preserve the US Collateral and will, and will cause its subsidiaries to, take such actions to preserve the US Collateral as the Secured Party Agent may direct. All of the Secured Party's Agent’s expenses of preserving the US Collateral, including any expenses relating to the bonding of a custodian, shall be added as additional principal charged to the NotesBorrowers’ Account as a Revolving Advance maintained as a Domestic Rate Loan and added to the Obligations.

Preservation of Collateral. Following the occurrence of an Event of Default under the Commitment Agreement or the Notes, in In addition to the rights and remedies set forth in Section 11.1 hereof, but in all events subject to the Commitment Agreementprovisions of the Financing Order, the Secured Party: Agent: (a) upon the occurrence and during the continuation of a Default or an Event of Default, may at any time take such steps as the Secured Party Agent in its commercially reasonable discretion deems necessary to protect the Secured PartyAgent's interest in and to preserve the Collateral, including the hiring of such security guards or the placing of other security protection measures as the Secured Party Agent may deem appropriate; (b) may may, upon the occurrence and during the continuation of a Default or an Event of Default, employ and maintain at Internet America's and its subsidiariesany of the Loan Parties' premises a custodian who shall have full authority to do all acts necessary to protect the Secured PartyAgent's interests in the Collateral; (c) may may, upon the occurrence and during the continuation of a Default or an Event of Default, lease warehouse facilities to which the Secured Party Agent may move all or part of the Collateral; (d) may may, upon the occurrence and during the continuation of a Default or an Event of Default, use Internet Americaany Loan Party's and its subsidiaries' owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through Internet America's and its subsidiariesany of the Loan Parties' owned or leased propertyproperty upon the occurrence and during the continuation of a Default or an Event of Default. Internet America shall, and Each Loan Party shall cause its subsidiaries to, cooperate fully with all of the Secured PartyAgent's commercially reasonable efforts to preserve the Collateral and will, and will cause its subsidiaries to, take such actions to preserve the Collateral as the Secured Party Agent may reasonably direct. All of the Secured PartyAgent's expenses of preserving the CollateralCollateral in accordance with the terms of this Agreement and Applicable Law, including any expenses relating to the bonding of a custodian, shall be charged to Borrowers' Account as a Revolving Advance maintained as a Domestic Rate Loan and added as additional principal to the NotesObligations.

Preservation of Collateral. Following the occurrence and during the continuance of an Event of Default under the Commitment Agreement or the NotesDefault, in addition to the rights and remedies set forth in Section 11.1 but subject to the Commitment terms of the Intercreditor Agreement, the Secured PartyLender: (a) may at any time take such steps as the Secured Party Lender deems necessary or appropriate to protect the Secured Party's interest Lender’s Lien in and to preserve the Collateral, including including, without limitation, the hiring of such security guards or the placing of other security protection measures as the Secured Party Lender may deem appropriate; (b) may employ and maintain at Internet America's and its subsidiaries' any Loan Party’s premises a custodian who shall have full authority to do all acts necessary to protect the Secured Party's Lender’s interests in the Collateral; (c) may lease warehouse facilities to which the Secured Party Lender may move all or part of the Collateral; (d) may use Internet America's and its subsidiaries' any Loan Party’s owned or leased lifts, hoists, trucks and other facilities or equipment for handling or removing the Collateral; and (e) shall have, and is hereby granted, a right of ingress and egress to the places where the Collateral is located, and may proceed over and through Internet America's and its subsidiaries' any Loan Party’s owned or leased property; and (f) shall have a non-exclusive, royalty-free, license to use each Loan Party’s Intellectual Property for the purposes of the completion, processing and sale of such Loan Party’s Inventory and other assets. Internet America shallAt such time, and each Loan Party shall cause its subsidiaries to, cooperate fully with all of the Secured Party's Lender’s commercially reasonable efforts to preserve the Collateral and will, and will cause its subsidiaries to, take such actions to preserve the Collateral as the Secured Party Lender may directdirect in connection therewith. All of the Secured Party's Lender’s expenses of preserving the Collateral, including including, without limitation, any expenses relating to any actions by the bonding Lender described in this Section 4.3, may, at the election of a custodianthe Lender, shall be added as additional principal charged to the NotesBorrowers’ Account and added to the Obligations.