Additional Remedy Provisions Sample Clauses

Additional Remedy Provisions. (a) Lender may foreclose this Security Instrument by action or advertisement upon written notice thereof to the Borrower, and the Borrower hereby authorizes Lender to do so, power being herein expressly granted to sell the Property at public auction without any prior hearing thereof and to convey the same to the purchaser, in fee simple, pursuant to the statutes of Minnesota in such case made and provided and, out of the proceeds arising from such sale, to pay the Debt with interest, and all legal costs and charges of such foreclosure and the maximum attorney's fees permitted by law, which costs, charges and fees the Borrower herein agrees to pay, and to pay the surplus, if any, to the Borrower, its successors or assigns; and in the event of a sale under this Security Instrument, whether by virtue of judicial proceedings or otherwise, the Property may, at the option of Lender, be sold as one parcel and as an entirety or in such parcels, manner and order as Lender in its sole discretion may elect.
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Additional Remedy Provisions. Borrower shall be liable for all Enforcement Expenses. No remedy referred to in this Section is intended to be exclusive, but each shall be cumulative, and shall be in addition to any other remedy referred to above or otherwise available at law or in equity, and may be exercised concurrently or separately from time to time. The failure of Lender to exercise, or delay in the exercise of, the rights granted hereunder upon any Default or Event of Default shall not constitute a waiver of any such right upon the continuation or recurrence of any such Default or Event of Default. During the continuance of a Default or Event of Default, Lender may (a) take or release other security; (b) release any party primarily or secondarily liable for the Obligations; (c) grant extensions, renewals or indulgences with respect to the Obligations; and (d) apply any other security therefor held by it to the satisfaction of the Obligations without prejudice to any of its rights hereunder. With respect to any exercise by Lender of its right to recover and/or dispose of the Financed Vehicles or other Collateral, Borrower acknowledges and agrees as follows: (i) Lender shall have no obligation, subject to the requirements of commercial reasonableness, to clean-up or otherwise prepare the Financed Vehicles or any other Collateral for disposition, and (ii) Lender shall comply with any applicable state or Federal law requirements in connection with any disposition of the Financed Vehicles or other Collateral, and any actions taken in connection therewith shall not be deemed to have adversely affected the commercial reasonableness of any disposition of such Financed Vehicles and/or other Collateral. Borrower acknowledges that if and to the extent Lender conveys the Financed Vehicles or other Collateral, it will be conveyed on an “AS IS, WHERE IS” basis, and without limiting the generality of the foregoing, Lender may specifically disclaim any and all warranties, including any warranty of title or the like with respect to the disposition of the Financed Vehicles or other Collateral. Borrower acknowledges that if Lender purchases the Financed Vehicles or other Collateral conveyed at a public or private sale pursuant hereto, Lender may pay for the same by crediting some or all of the Obligations. Lender acknowledges and agrees that so long as Borrower is the Servicer under the Servicing Agreement and the Servicer Termination Date has not occurred, in exercising any of the remedies provided...
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Additional Remedy Provisions. In addition, subject to Section 7.5 hereof, Borrower shall be liable for any and all unpaid additional sums due hereunder or under the Promissory Note, before, after or during the exercise of any of the foregoing remedies; for all reasonable legal fees and other reasonable costs and expenses incurred by reason of any default or of the exercise of Lender's remedies with respect thereto. No remedy referred to in this Section is intended to be exclusive, but each shall be cumulative, and, subject to the other provisions hereof, shall be in addition to any other remedy referred to above or otherwise available at law or in equity, and may be exercised concurrently or separately from time to time. The failure of Lender to exercise, or delay in the exercise of, the rights granted hereunder upon any Default by Borrower or under a Lease shall not constitute a waiver of any such right upon the continuation or recurrence of any such Default. Lender may take or release other security; may release any party primarily or secondarily liable for the Indebtedness; may grant extensions, renewals or indulgences with respect to the Indebtedness and may apply any other security therefor held by it to the satisfaction of the Indebtedness without prejudice to any of its rights hereunder.
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Additional Remedy Provisions 
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Related to Additional Remedy Provisions

  • Additional Remedies The rights, powers and remedies given to Bank hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Bank by law against Borrower or any other person, including but not limited to Bank's rights of setoff or banker's lien.

  • Provisional Remedies Although the procedures specified in this Article are the exclusive procedures for resolution of disputes arising out of or relating to this Agreement, either party may seek a preliminary injunction or other provisional equitable relief if, in its reasonable judgment, that action is necessary to avoid irreparable harm to itself or to preserve its rights under this Agreement.

  • No Waiver of Provisional Remedies, Self-Help and Foreclosure The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.

  • Amendments; No Waivers; Remedies (a) This Agreement cannot be amended, except by a writing signed by each party, and cannot be terminated orally or by course of conduct. No provision hereof can be waived, except by a writing signed by the party against whom such waiver is to be enforced, and any such waiver shall apply only in the particular instance in which such waiver shall have been given.

  • Termination Remedies Section E.1.

  • Waivers; Remedies The observance of any term of this agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) by the party or parties entitled to enforce such term, but any such waiver shall be effective only if in writing signed by the party or parties against which such waiver is to be asserted. Except as otherwise provided herein, no failure or delay of any party in exercising any power or right under this agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other further exercise thereof or the exercise of any other right or power.

  • Indemnification; Remedies The Company shall indemnify the Purchaser, each affiliate of the Purchaser, and each of the following parties participating in a Securitization Transaction: each Sponsor; each issuing entity; each Person (including, but not limited to, any Master Servicer if applicable) responsible for the preparation, execution or filing of any report required to be filed with the Commission with respect to such Securitization Transaction, or for execution of a certification pursuant to Rule 13a-14(d) or Rule 15d-14(d) under the Exchange Act with respect to such Securitization Transaction; each broker dealer acting as underwriter, placement agent or initial purchaser, each Person who controls any of such parties or the Depositor (within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act); and the respective present and former directors, officers, employees, agents and affiliates of each of the foregoing and of the Depositor (each, an “Indemnified Party”), and shall hold each of them harmless from and against any claims, losses, damages, penalties, fines, forfeitures, legal fees and expenses and related costs, judgments, and any other costs, fees and expenses that any of them may sustain arising out of or based upon:

  • Breach of Provisions In the event that Executive shall breach any of the provisions of this Article V, or in the event that any such breach is threatened by Executive, in addition to and without limiting or waiving any other remedies available to the Company at law or in equity, the Company shall be entitled to immediate injunctive relief in any court, domestic or foreign, having the capacity to grant such relief, without the necessity of posting a bond, to restrain any such breach or threatened breach and to enforce the provisions of this Article V. Executive acknowledges and agrees that there is no adequate remedy at law for any such breach or threatened breach and, in the event that any action or proceeding is brought seeking injunctive relief, Executive shall not use as a defense thereto that there is an adequate remedy at law.

  • Defaults Remedies (a) It shall be an Event of Default:

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