Common use of Acceleration and Foreclosure Clause in Contracts

Acceleration and Foreclosure. If an Event of Default shall have occurred and be continuing, in addition to any other rights, powers and remedies herein conferred or conferred by operation of law, (a) Secured Party shall have all of the rights, powers and remedies of a creditor, secured party and mortgagee, (b) Secured Party may, without notice, demand or declaration of default, which are hereby waived by Debtor to the extent such waiver is not prohibited by applicable law, declare all indebtedness secured hereby due and payable, and (c) whether or not Secured Party exercises such option, it may, at its option and in its sole discretion, without any prior notice to or demand upon Debtor, proceed by one or more actions in equity or at law for the seizure and sale of the Collateral or any portion thereof, for the foreclosure or sale of the Collateral or any portion thereof by judicial foreclosure by appropriate proceedings in any court of competent jurisdiction, by the power of sale granted herein, or in any other manner then permitted by law, for the specific performance of any covenant or agreement of Debtor herein contained or in aid of the execution of any right, power or remedy herein granted, or for the enforcement of any other appropriate equitable or legal remedy and to recover judgment against Debtor. In furtherance, and not in limitation, thereof:

Appears in 3 contracts

Samples: Mortgage, Security Agreement (Lilis Energy, Inc.), Mortgage, Security Agreement (Recovery Energy, Inc.), Mortgage, Security Agreement (Recovery Energy, Inc.)

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Acceleration and Foreclosure. If an Event of Default shall have occurred and be continuing, in addition to any other rights, powers and remedies herein conferred or conferred by operation of law, (a) Secured Party and Trustee shall have all of the rights, powers and remedies of a creditorsecured party, secured party a beneficiary under a deed of trust, and mortgageea trustee under a deed of trust granted under applicable law, (b) Secured Party may, without notice, demand or declaration of default, which are hereby waived by Debtor to the extent such waiver is not prohibited by applicable law, declare all indebtedness secured hereby due and payable, and (c) whether or not Secured Party exercises such option, it may, at its option and in its sole discretion, without any prior notice to or demand upon Debtor, proceed by one or more actions in equity or at law for the seizure and sale of the Collateral or any portion thereof, for the foreclosure or sale of the Collateral or any portion thereof by judicial foreclosure by appropriate proceedings in any court of competent jurisdiction, by the power of sale granted herein, by a trustee’s sale, or in any other manner then permitted by law, for the specific performance of any covenant or agreement of Debtor herein contained or in aid of the execution of any right, power or remedy herein granted, or for the enforcement of any other appropriate equitable or legal remedy and to recover judgment against Debtor. In furtherance, and not in limitation, thereof:

Appears in 2 contracts

Samples: And Fixture Filing (Recovery Energy, Inc.), And Fixture Filing (Recovery Energy, Inc.)

Acceleration and Foreclosure. If an Upon the occurrence of any Event of Default shall have occurred and be continuingDefault, or at any time thereafter, in addition to any other rights, powers and remedies herein conferred or conferred by operation of law, (a) Secured Party and Trustee shall have all of the rights, powers and remedies of a creditorsecured party, secured party a beneficiary under a deed of trust, and mortgagee, (b) a trustee under a deed of trust granted under applicable law. Secured Party may, without notice, demand or declaration of default, which are hereby waived by Debtor Debtors to the extent such waiver is not prohibited by applicable law, declare all indebtedness secured hereby due and payable, and (c) whether or not Secured Party exercises such option, it may, at its option and in its sole discretion, without any prior notice to or demand upon DebtorDebtors, proceed by one or more actions in equity or at law for the seizure and sale of the Collateral or any portion thereof, for the foreclosure or sale of the Collateral or any portion thereof by judicial foreclosure by appropriate proceedings in any court of competent jurisdiction, by the power of sale granted herein, by a trustee's sale, or in any other manner then permitted by law, for the specific performance of any covenant or agreement of Debtor Debtors herein contained or in aid of the execution of any right, power or remedy herein granted, or for the enforcement of any other appropriate equitable or legal remedy and to recover judgment against DebtorDebtors. In furtherance, and not in limitation, thereof:

Appears in 1 contract

Samples: Foreland Corp

Acceleration and Foreclosure. If an Event of Default shall have occurred and be continuing, in addition to any other rights, powers and remedies herein conferred or conferred by operation of law, (a) Secured Party and each Trustee shall have all of the rights, powers and remedies of a creditorsecured party, secured party a beneficiary under a deed of trust, and mortgageea trustee under a deed of trust granted under applicable law, subject to applicable cure periods (including those set forth in Section 9.2 of the Loan Agreement), (b) Secured Party may, without notice, demand or declaration subject to applicable cure periods (including those set forth in Section 9.2 of default, which are hereby waived by Debtor to the extent such waiver is not prohibited by applicable lawLoan Agreement), declare all indebtedness secured hereby due and payable, and (c) whether or not Secured Party exercises such option, it may, at its option and in its sole discretion, without any additional prior notice to or demand upon Debtor, proceed by one or more actions in equity or at law for the seizure and sale of the Collateral or any portion thereof, for the foreclosure or sale of the Collateral or any portion thereof by judicial foreclosure by appropriate proceedings in any court of competent jurisdiction, by the power of sale granted herein, by a trustee's sale, or in any other manner then permitted by law, for the specific performance of any covenant or agreement of Debtor herein contained or in aid of the execution of any right, power or remedy herein granted, or for the enforcement of any other appropriate equitable or legal remedy and to recover judgment against Debtor. In furtherance, and not in limitation, thereof:

Appears in 1 contract

Samples: Loan Agreement (Synergy Resources Corp)

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Acceleration and Foreclosure. If an Event of Default shall have occurred and be continuing, in addition to any other rights, powers and remedies herein conferred or conferred by operation of law, (a) Secured Party shall have all of the rights, powers and remedies of a creditor, secured party and mortgagee, (b) Secured Party may, without notice, demand or declaration of default, which are hereby waived by Debtor to the extent such waiver is not prohibited by applicable law, declare all indebtedness secured hereby due and payable, and (c) whether or not Secured Party exercises such option, it may, at its option and in its sole discretion, without any prior notice to or demand upon Debtor, proceed by one or more actions in equity or at law for the seizure and sale of the Collateral or any portion thereof, for the foreclosure or sale of the Collateral or any portion thereof by judicial foreclosure by appropriate proceedings in any court of competent jurisdiction, by the power of sale granted herein, jurisdiction or in any other manner then permitted by law, for the specific performance of any covenant or agreement of Debtor herein contained or in aid of the execution of any right, power or remedy herein granted, or for the enforcement of any other appropriate equitable or legal remedy and to recover judgment against Debtor. In furtherance, and not in limitation, thereof:

Appears in 1 contract

Samples: Financing Statement and Fixture Filing (Recovery Energy, Inc.)

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