Remedies with Respect to Collateral Sample Clauses

Remedies with Respect to Collateral. Immediately after the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, to the extent permitted by applicable law: (a) remove from any premises where same may be located any and all books and records, computers, electronic media and software programs associated with any Collateral (including electronic records, contracts and signatures pertaining thereto), documents, instruments and files, and any receptacles or cabinets containing same, relating to the Accounts, and the Agent may use, at the Companies’ expense, such of the Companies’ personnel, supplies or space at any Company’s place of business or otherwise, as may be necessary to properly administer and control the Accounts or the handling of collections and realizations thereon; (b) bring suit, in the name of the Companies (or any of them), the Lenders or the Agent on behalf of the Lenders, and generally shall have all other rights respecting the Accounts, including, without limitation, the right to (i) accelerate or extend the time of payment, (ii) settle, compromise, release in whole or in part any amounts owing on any Accounts and (iii) issue credits in the name of the Companies (or any of them) or the Agent; (c) sell, assign and deliver the Collateral and any returned, reclaimed or repossessed merchandise, with or without advertisement, at public or private sale, for cash, on credit or otherwise, at the Agent’s sole option and discretion, and the Agent, on behalf of the Lenders, may bid or become a purchaser at any such sale, free from any right of redemption, which right is hereby expressly waived by the Companies; (d) foreclose the Agent’s security interests in the Collateral by any available judicial procedure, or take possession of any or all of the Collateral without judicial process, and to enter any premises where any Collateral may be located for the purpose of taking possession of or removing the same; and (e) exercise any other rights and remedies provided in law, in equity, by contract or otherwise. The Agent shall have the right, without notice or advertisement, to sell, lease, or otherwise dispose of all or any part of the Collateral whether in its then condition or after further preparation or processing, in the name of the Companies (or any of them) or the Agent, on behalf of the Lenders, or in the name of such other party as the Agent may designate, either at public or private sale or at any broker’s boar...

Remedies with Respect to Collateral. Immediately after the occurrence of an Event of Default, the Agent may, at its option, and the Agent shall, upon the request of the Required Lenders, to the extent permitted by applicable law: (a) remove from any premises where same may be located any and all books and records, computers, electronic media and software programs associated with any Collateral (including electronic records, contracts and signatures pertaining thereto), documents, instruments and files, and any receptacles or cabinets containing same, relating to the Accounts (other than Accounts that constitute Excluded Collateral), and the Agent may use, at each Company's expense, such of the Company's personnel, supplies or space at such Company's places of business or otherwise, as may be necessary to properly administer and control the Accounts (other than Accounts that constitute Excluded Collateral) or the handling of collections and realizations thereon; (b) bring suit, in the name of such Company, the Lenders or the Agent on behalf of the Lenders, and generally shall have all other rights respecting the Accounts (other than Accounts that constitute Excluded Collateral), including, without limitation, the right to (i) accelerate or extend the time of payment, (ii) settle, compromise, release in whole or in part any amounts owing on any Accounts and (iii) issue credits in the name of such Company or the Agent; (c) sell, assign and deliver the Collateral and any returned, reclaimed or repossessed merchandise, with or without advertisement, at public or private sale, for cash, on credit or otherwise, at the Agent's sole option and discretion, and the Agent, on behalf of the Lenders, may bid or become a purchaser at any such sale, free from any right of redemption, which right is hereby expressly waived by each Company; (d) foreclose the Agent's security interests in the Collateral by any available judicial procedure, or take possession of any or all of the Collateral without judicial process, and to enter any premises where any Collateral may be located for the purpose of taking possession of or removing the same; and (e) exercise any other rights and remedies provided in law, in equity, by contract or otherwise. The Agent shall have the right, without notice or advertisement, to sell, lease, or otherwise dispose of all or any part of the Collateral whether in its then condition or after further preparation or processing, in the name of the applicable Company or the Agent, on behalf of th...

Remedies with Respect to Collateral. (a) Upon the occurrence of an Event of Default, the Agent or any representative of Agent shall have the right to exercise any one, or more, or all of the rights, powers and remedies under the Mortgages, and also shall have the rights and remedies of a secured party under the UCC in effect on the date thereof (regardless of whether the same has been enacted in the jurisdiction where the rights or remedies are asserted), including, without limitation, the right to require the Borrower and the Guarantors to assemble the Collateral, at the Borrower's and the Guarantors' expense, and make it available to the Agent at a place designated by the Agent which is reasonably convenient to both parties, and enter any premises where any of the Collateral shall be located and to keep and store the Collateral on said premises until sold (and if said premises be the property of the Borrower or any of the Guarantors, the Borrower and the Guarantors agree not to charge the Agent for storage thereof), to take possession of any of the Collateral or the proceeds thereof, to sell or otherwise dispose of the same, and the Agent shall have the right to conduct such sales on the premises of the Borrower or any of the Guarantors, without charge therefor, and such sales may be adjourned from time to time in accordance with applicable law. The Agent may sell, lease or dispose of Collateral for cash, credit, or any combination thereof, and shall have the right to appoint a receiver of the Accounts and the

Remedies with Respect to Collateral. Without limiting any rights or remedies Lender may have pursuant to this Agreement, the other Loan Documents, under applicable law or otherwise, upon the occurrence and during the continuance of an Event of Default: (a) Any and All Remedies. Lender may take any and all actions and avail itself of any and all rights and remedies available to Lender under this Agreement, any other Loan Document, under law or in equity, and the rights and remedies herein and therein provided shall be cumulative and not exclusive of any rights or remedies provided by applicable law or otherwise.

Remedies with Respect to Collateral. If a Default shall have occurred, City shall have such rights with respect to the Collateral as are specified in the Security Documents.

Remedies with Respect to Collateral. (a) Upon the occurrence and during the continuance of an Event of Default, Lender shall have the rights and remedies of a secured party under the UCC in effect on the date thereof. Notwithstanding the foregoing or anything contained herein to the contrary, Lender shall, upon the occurrence and during the continuance of an Event of Default, be entitled to exercise all rights and remedies available to it under the Program Documents and at law, including without limitation its right to withdraw Collections from the Dollar Collection Account and the Euro Collection Account and apply them as set forth in this Agreement. (b) Proceeds of any of the Collateral and payments by Borrower during the existence of an Event of Default received by Lender shall be applied by Lender in accordance with the provisions of Section 2.08(b). In the event that the proceeds of the Collateral are not sufficient to pay the Obligations in full, Borrower (and the Guarantor) shall remain liable for any deficiency. (c) Unless and except to the extent expressly provided for to the contrary herein, the rights of Lender specified herein shall be in addition to, and not in limitation of, Lender's rights under the UCC, or any other statute or rule of law or equity, or under any other provision of any of the Program Documents, or under the provisions of any other document, instrument or other writing executed by Borrower or any third party in favor of Lender, all of which may be exercised successively or concurrently.

Remedies with Respect to Collateral. (a) If any Pledgor fails to pay or perform any Secured Obligation when due, the Operating Partnership and/or the Company, without obligation to resort to any other security (other than insurance proceeds, if any, as contemplated in Section 2.3(c) of the Indemnification Agreement), shall have the right at any time and from time to time to receive all or any part of the Collateral with a value equal to the amount of such Secured Obligation, and all right, title and interest, claim and demand therein and right of redemption thereof and to sell the Collateral in any manner permitted by the Uniform Commercial Code as in effect in the State of Delaware (the “UCC”). (b) Notwithstanding anything to the contrary in this Agreement, the sole recourse of the Operating Partnership and the Company against any Pledgor for the Secured Obligations and the obligations of each such Pledgor under this Agreement is limited to the rights of such Pledgor in any such Collateral that is applied to satisfy a Secured Obligation. The parties hereto acknowledge and agree that the Pledgor OP Units and/or the Pledgor Common Shares pledged by each Pledgor pursuant to the terms of this Agreement shall be released to satisfy the obligations under this Agreement on a pro rata basis from each Pledgor based on such Pledgor’s Pro Rata Share (as defined in the Indemnification Agreement). (c) No demand, advertisement or notice, all of which are hereby expressly waived, shall be required in connection with any transfer of Collateral to the Operating Partnership and/or the Company pursuant to this Agreement. (d) Each of the Pledgors, the Company and the Operating Partnership agree to treat, to the extent permitted by applicable law, any application of the Collateral in discharge of any Secured Obligations as a non-taxable adjustment to the portion of the consideration received by any such Pledgor as a result of the transactions contemplated by the Contribution Agreement in the form of OP Units and/or Common Shares for U.S. federal income tax purposes. (e) The rights of the Operating Partnership and the Company under this Agreement shall not be conditioned or contingent upon the pursuit by the Operating Partnership or the Company of any right or remedy against the Operating Partnership or the Company or against any other Person which may be or become liable in respect of all or any part of the Secured Obligations or against any other security therefor, guarantee thereof or right of offset with resp...

Remedies with Respect to Collateral. (a) Upon the occurrence of an Event of Default, the Collateral Agent or any representative of the Collateral Agent shall have all the rights and remedies of a secured party under the UCC in effect on the date thereof (regardless of whether the same has been enacted in the jurisdiction where the rights or remedies are asserted) and shall have all other rights and remedies afforded the Collateral Agent in the Collateral Documents. ARTICLE 8 THE ADMINISTRATIVE AGENT AND THE LENDERS

Remedies with Respect to Collateral. Upon any default or breach of any provision or covenant (not cured within thirty (30) days’ written notice thereof, or such shorter time as is expressly noted herein for the applicable provisions or covenant) or the proven material untruthfulness of any warranty or representation made, in each case, herein: (i) The Manager may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein, in the related documents, or otherwise available to it, all the rights and remedies of a secured party on default under the UCC or any other applicable law. (ii) The Manager may, in addition to other rights and remedies provided for herein, in the related documents, or otherwise available to it under applicable law and without the requirement of notice to or upon the Company or any other person or entity (which notice is hereby expressly waived to the maximum extent permitted by the UCC or any other applicable law), with respect to any of the Company’s Deposit Accounts in which the Manager’s liens or security interests are perfected by control under Section 9-104 of the UCC, instruct the bank maintaining such Deposit Account for the Company to pay the balance of such Deposit Account to or for the benefit of the Manager.