Common use of Remedies Upon Actionable Default Clause in Contracts

Remedies Upon Actionable Default. If and only if the Collateral Agent shall have received a notice of an Actionable Default, and during such time as such notice of an Actionable Default shall not have been withdrawn in accordance with the provisions of Section 5, any one of the Required Lenders or CoBank or Prudential may send to the Collateral Agent in writing a demand for the exercise by the Collateral Agent, subject to the provisions of this Section 6, of rights, powers and remedies hereunder and under the Collateral Documents (a "Remedies Demand"). After receipt of a Remedies Demand, the Collateral Agent shall exercise such of the rights, powers and remedies available to it hereunder and in the Collateral Documents as it is instructed to exercise, by any one of the Required Lenders or CoBank or Prudential.

Appears in 2 contracts

Sources: Intercreditor Agreement (Gold Kist Inc), Intercreditor Agreement (Gold Kist Inc)

Remedies Upon Actionable Default. If and only if the Collateral Agent shall have received a notice of an Actionable Default, and during such time as such notice of an Actionable Default shall not have been withdrawn in accordance with the provisions of Section 5, any one of the Required Lenders or CoBank or Gateway or Prudential may send to the Collateral Agent in writing a demand for the exercise by the Collateral Agent, subject to the provisions of this Section 6, of rights, powers and remedies hereunder and under the Collateral Documents (a "Remedies Demand"). After receipt of a Remedies Demand, the Collateral Agent shall exercise such of the rights, powers and remedies available to it hereunder and in the Collateral Documents as it is instructed to exercise, by any one of the Required Lenders or CoBank or Gateway or Prudential.

Appears in 1 contract

Sources: Intercreditor Agreement (Gold Kist Inc)