Common use of Additional Rights of Secured Party Clause in Contracts

Additional Rights of Secured Party. Upon the occurrence of an Event of Default, Secured Party may, from time to time, in its discretion, and without Borrower's assent, without advertisements or notices of any kind (except for the notice specified in Section 7.5 below regarding notice required in connection with a public or private sale), or demand of performance or other demand, or obligation or liability (except to account for amounts actually received) to or upon Borrower or any other person (all such advertisements, notices and demands, obligation and liabilities, if any, hereby being expressly waived and discharged to the extent permitted by law), forthwith, directly or through its agents or representatives, (i) disclose such default and other matters (including the name of Borrower) in connection therewith to any Person in Secured Party's reasonable discretion to any other Person (including other creditors and the Franchisor); (ii) to the extent permitted by applicable law enter any premises, with or without the assistance of other persons or legal process; (iii) require Borrower to account for (including accounting for any products and proceeds of any Collateral), segregate, assemble, make available and deliver to Secured Party, its agents or representatives, the Collateral, at any place and time designated by Secured Party; (iv) take possession of, operate, render unusable, remove from any location, collect, transfer and receive, recover, appropriate, foreclose, extend payment of, adjust, compromise, settle, release any claims included in, and do all other acts or things necessary or, in Secured Party's sole discretion appropriate, to protect, maintain, preserve and realize upon, the Collateral and any products and proceeds thereof, in whole or in part; and (v) exercise all rights, powers and interests with respect to any and all Collateral, and sell, assign, lease, license, pledge, transfer, negotiate (including endorse checks, drafts, orders, or instruments), deliver or otherwise dispose (by contract, option(s) or otherwise) of the Collateral or any part thereof. Any such disposition may be in one or more public or private sales, at or upon an exchange, board or system or in the County, in the State or elsewhere, at such price, for cash or credit (or for future delivery without credit risk) and upon such other terms and conditions as it deems appropriate, with the right of Secured Party to the extent permitted by law upon any such sale or sales, public or private, to purchase the whole or any part of said Collateral, free of any right, claim or equity of redemption of or in Borrower (such rights, claims and equity of redemption, if any, hereby being expressly waived). If any of the Collateral is sold or leased by Secured Party upon credit terms or for future delivery, the Obligations shall not be reduced as a result thereof until payment therefore is finally collected by Secured Party. In the event Secured Party institutes an action to recover any Collateral or seeks recovery of any Collateral by way of prejudgment remedy, Borrower waives the posting of any bond which might otherwise be required. Notwithstanding that Secured Party, whether in its own behalf and/or on behalf of another or others, may continue to hold the Collateral and regardless of the value thereof, or any delay or failure to dispose thereof, unless and then only to the extent that Secured Party proposes to retain the Collateral in satisfaction of the Obligations by written notice in accordance with the UCC, Borrower shall be and remain liable for the payment in full of any balance of the Obligations and expenses at any time unpaid. Without limiting the foregoing, upon Borrower's failure to abide by and comply with its obligations under any of Sections 2.10, 2.12, 2.13, 2.21, 2.22 and 2.30 hereof, in addition to its other rights and remedies, Secured Party may (but is not required to), in its sole discretion and to the extent it deems necessary, advisable or appropriate, take or cause to be taken such actions or things to be done (including the payment or advancement of funds, or requiring advancement of funds to be held by Secured Party to fund such obligations, including taxes or insurance) as may be required hereby (or necessary or desirable in connection herewith) to correct such failure (including causing the Collateral to be maintained or insurance protection required hereby to be procured and maintained) and any and all costs and expenses incurred (including reasonable attorneys fees and disbursements) in connection therewith shall be included in Borrower's Obligations and shall be immediately due and payable and bear interest at the Default Rate.

Additional Rights of Secured Party. Upon the occurrence of an Event of Default, Secured Party may, from time to time, in its discretionSole Discretion, and without BorrowerDebtor's assent, without advertisements or notices of any kind (except for the notice specified in Section 7.5 below regarding notice required in connection with a public or private sale), or demand of performance or other demand, or obligation or liability (except to account for amounts actually received) to or upon Borrower Debtor or any other person (all such advertisements, notices and demands, obligation and liabilities, if any, hereby being expressly waived and discharged to the extent permitted by law), forthwith, directly or through its agents or representatives, (i) disclose such default and other matters (including the name of BorrowerDebtor) in connection therewith to any Person in Secured Party's reasonable discretion to any other Person (including other creditors and the Franchisor)Sole Discretion; (ii) to the extent permitted by applicable law Law enter any premisesProperty, with or without the assistance of other persons or legal process; (iii) require Borrower Debtor to account for (including accounting for any products and proceeds of any Collateral), segregate, assemble, make available and deliver to Secured Party, its agents or representatives, the Collateral, at any place and time designated by Secured Party; (iv) take possession of, operate, render unusable, remove from any location, collect, transfer and receive, recover, appropriate, foreclose, extend payment of, adjust, compromise, settle, release any claims included in, and do all other acts or things necessary or, that Secured Party in Secured Party's sole discretion its Sole Discretion deems appropriate, to protect, maintain, preserve and realize upon, the Collateral and any products and proceeds thereof, in whole or in part; and (v) exercise all rights, powers and interests with respect to any and all Collateral, and sell, assign, lease, license, pledge, transfer, negotiate (including endorse checks, drafts, orders, or instruments), deliver or otherwise dispose (by contract, option(s) or otherwise) of the Collateral or any part thereof. Any such disposition may be in one or more public or private sales, at or upon an exchange, board or system or in the County, in State where the State Unit is located or elsewhere, at such price, for cash or credit (or for future delivery without credit risk) and upon such other terms and conditions as it deems appropriate, with the right of Secured Party to the extent permitted by law Law upon any such sale or sales, public or private, to purchase the whole or any part of said Collateral, free of any right, claim or equity of redemption of or in Borrower Debtor (such rights, claims and equity of redemption, if any, hereby being expressly waived). If any of the Collateral is sold or leased by Secured Party upon credit terms or for future delivery, the Obligations shall not be reduced as a result thereof until payment therefore is finally collected by Secured Party. In the event Secured Party institutes an action to recover any Collateral or seeks recovery of any Collateral by way of prejudgment remedy, Borrower Debtor waives the posting of any bond which might otherwise be required. Notwithstanding that Secured Party, whether in its own behalf and/or on behalf of another or others, may continue to hold the Collateral and regardless of the value thereof, or any delay or failure to dispose thereof, unless and then only to the extent that Secured Party proposes to retain the Collateral in satisfaction of the Obligations by written notice in accordance with the UCC, Borrower Debtor shall be and remain liable for the payment in full of any balance of the Obligations and expenses at any time unpaid. Without limiting the foregoing, upon BorrowerDebtor's failure to abide by and comply with its obligations under any of Sections 2.102, 2.123, 2.13, 2.21, 2.22 and 2.30 4 hereof, in addition to its other rights and remedies, Secured Party may (but is not required to), in its sole discretion Sole Discretion and to the extent it deems necessary, advisable or appropriate, take or cause to be taken such actions or things to be done (including the payment or advancement of funds, or requiring advancement of funds to be held by Secured Party to fund such obligations, including taxes or insurance) as may be required hereby (or necessary or desirable in connection herewith) to correct such failure (including causing the Collateral to be maintained or insurance protection required hereby to be procured and maintained) and any and all costs and expenses incurred (including reasonable attorneys fees and disbursements) in connection therewith shall be included in BorrowerDebtor's Obligations and shall be immediately due and payable and bear interest at the Default Rate.

Additional Rights of Secured Party. Upon the occurrence of an Event of Default, Secured Party may, from time to time, in its discretion, and without Borrower's assentconsent, without advertisements or notices of any kind (except for the notice specified in Section 7.5 8.5 below regarding notice required in connection with a public or private sale), or demand of performance or other demand, or obligation or liability (except to account for amounts actually received) to or upon Borrower or any other person Person (all such advertisements, notices and demands, obligation and liabilities, if any, hereby being expressly waived and discharged to the extent permitted by law), forthwith, directly or through its agents or representatives, (i) disclose such default and other matters (including the name of Borrower) in connection therewith to any Person in Secured Party's reasonable discretion to any other Person (including other creditors and the Franchisor); (ii) to the extent permitted by applicable law enter any premises, with or without the assistance of other persons or legal process; (iiiii) require Borrower to account for (including accounting for any products and proceeds of any Collateral), segregate, assemble, make available and deliver to Secured Party, its agents or representatives, the Collateral, at any place and time designated by Secured Party; (iviii) take possession of, operate, render unusable, remove from any location, collect, transfer and receive, recover, appropriate, foreclose, extend payment of, adjust, compromise, settle, release any claims included in, and do all other acts or things necessary or, in Secured Party's sole discretion appropriate, to protect, maintain, preserve and realize upon, the Collateral and any products and proceeds thereof, in whole or in part; and (viv) exercise all rights, powers and interests with respect to any and all Collateral, and sell, assign, lease, license, pledge, transfer, negotiate (including endorse checks, drafts, orders, or instruments), deliver or otherwise dispose (by contract, option(s) or otherwise) of the Collateral or any part thereof. Any such disposition may be in one or more public or private sales, at or upon an exchange, board or system or in the County, in the State or elsewhere, at such price, for cash or credit (or for future delivery without credit risk) and upon such other terms and conditions as it deems appropriate, with the right of Secured Party to the extent permitted by law upon any such sale or sales, public or private, to purchase the whole or any part of said Collateral, free of any right, claim or equity of redemption of or in Borrower (such rights, claims and equity of redemption, if any, hereby being expressly waived). If any of the Collateral is sold or leased by Secured Party upon credit terms or for future delivery, the Obligations shall not be reduced as a result thereof until payment therefore is finally collected by Secured Party. In the event Secured Party institutes an action to recover any Collateral or seeks recovery of any Collateral by way of prejudgment remedy, Borrower waives the posting of any bond which might otherwise be required. Notwithstanding that Secured Party, whether in its own behalf and/or on behalf of another or others, may continue to hold the Collateral and regardless of the value thereof, or any delay or failure to dispose thereof, unless and then only to the extent that Secured Party proposes to retain the Collateral in satisfaction of the Obligations by written notice in accordance with the UCC, Borrower shall be and remain liable for the payment in full of any balance of the Obligations and expenses at any time unpaid. Without limiting the foregoing, upon Borrower's failure to abide by and comply with its obligations under any of Section 3 (including, without limitation, Sections 2.103.10, 2.12, 2.13, 2.21, 2.22 and 2.30 3.21 or 3.22) or Section 4 hereof, in addition to its other rights and remedies, Secured Party may (but is not required to), in its sole discretion and to the extent it deems necessary, advisable or appropriate, take or cause to be taken such actions or things to be done (including the payment or advancement of funds, or requiring advancement of funds to be held by Secured Party to fund such obligations, including taxes or insurance) as may be required hereby (or necessary or desirable in connection herewith) to correct such failure (including causing the Collateral to be maintained or insurance protection required hereby to be procured and maintained) and any and all costs and expenses incurred (including reasonable attorneys fees and disbursements) in connection therewith shall be included in Borrower's Obligations and shall be immediately due and payable and bear interest at the Default Rate.

Additional Rights of Secured Party. Upon the occurrence of an Event of Default, The Secured Party maymay exercise in respect of the Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, any and all rights and remedies of a secured party under the UCC from time to time, time (whether or not the UCC applies to the affected Collateral or in its discretion, the jurisdiction where the rights and without Borrower's assent, without advertisements remedies are asserted) and the Secured Party also may: (a) exercise any and all rights and remedies of the Purchaser under or notices of any kind (except for the notice specified in Section 7.5 below regarding notice required in connection with the Collateral, including, without limitation, any and all rights of the Purchaser to demand or otherwise require payment of any amount under, or performance of any provision of, the Collateral; (b) require the Purchaser to, and the Purchaser hereby agrees that it will at its expense and upon request of the Secured Party forthwith, assemble all or part of the Collateral, or documents embodying such Collateral, as directed by the Secured Party and make it available to the Secured Party at a place and time to be designated by the Secured Party that is reasonably convenient to both the Secured Party and the Purchaser; (c) enter upon any premises owned or leased by the Purchaser where the Collateral, the documents embodying the Collateral, or any part thereof, is located or assembled for a reasonable period in order to effectuate the Secured Party's rights and remedies hereunder or under law, without monetary or other obligation to the Purchaser or any other Person in respect of such occupation; and (d) sell the Collateral or any part thereof in one or more sales or parcels at public or private sale), at any exchange or broker's board or at the Secured Party's offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Secured Party may deem commercially reasonable, all without demand of performance or other demand, notice of intention to sell or obligation of time or liability place of sale (except to account for amounts actually received) to such notice as is required by applicable law and cannot be waived), and the Secured Party or upon Borrower other Person may be the purchaser of any or all of the Collateral so sold and thereafter hold the same absolutely, free from any claim or right of whatsoever kind, including any right or equity of redemption, of the Purchaser or any other person (all Person, any such advertisementsdemand, notices and demandsnotice, obligation and liabilitiesclaim, if any, right or equity being hereby being expressly waived and discharged to released; and, in addition thereto, the extent permitted by law), forthwith, directly or through its agents or representatives, Purchaser agrees that (i) disclose such default and other matters (including in the name event that notice is required by applicable law, written notice given by mail to the Purchaser, at the address set forth herein, ten days prior to the date of Borrower) in connection therewith public sale of any Collateral or prior to any Person in Secured Party's reasonable discretion to the date after which private sale or any other Person (including disposition of any Collateral will be made shall constitute reasonable notice, but notice given in any other creditors and the Franchisor)reasonable manner or at any other reasonable time shall be sufficient; (ii) in the event of sale or other disposition of any Collateral, the Secured Party may apply the proceeds of any such sale or disposition to the satisfaction of its reasonable attorneys' fees, legal expenses and other costs and expenses incurred in connection with their taking, retaking, storing, insuring, holding, preparing for sale or other disposition, and selling or otherwise disposing of such Collateral; (iii) without precluding any other methods of sale or other disposition, the sale or other disposition of any Collateral shall have been made in a commercially reasonable manner if conducted in conformity with reasonable commercial practices of Secured Party disposing of similar property, but in any event the Secured Party may sell at its option at such prices and on such terms as it may choose, without assuming any credit risk and (to the extent permitted by applicable law enter law) without any premises, with or without the assistance of other persons or legal processobligation to advertise; (iii) require Borrower to account for (including accounting for any products and proceeds of any Collateral), segregate, assemble, make available and deliver to Secured Party, its agents or representatives, the Collateral, at any place and time designated by Secured Party; (iv) take possession of, operate, render unusable, remove from the Secured Party shall not be obligated to make any location, collect, transfer sale of Collateral regardless of notice of sale having been given and receive, recover, appropriate, foreclose, extend payment of, adjust, compromise, settle, release may adjourn any claims included in, and do all other acts or things necessary or, in Secured Party's sole discretion appropriate, to protect, maintain, preserve and realize upon, the Collateral and any products and proceeds thereof, in whole or in part; and (v) exercise all rights, powers and interests with respect to any and all Collateral, and sell, assign, lease, license, pledge, transfer, negotiate (including endorse checks, drafts, orders, or instruments), deliver or otherwise dispose (by contract, option(s) or otherwise) of the Collateral or any part thereof. Any such disposition may be in one or more public or private salessale from time to time by announcement at the time and place fixed therefor, at or upon an exchange, board or system or in the County, in the State or elsewhere, at such price, for cash or credit (or for future delivery without credit risk) and upon such other terms and conditions as it deems appropriate, with the right of Secured Party to the extent permitted by law upon any such sale or salesmay, public or privatewithout further notice, to purchase the whole or any part of said Collateral, free of any right, claim or equity of redemption of or in Borrower (such rights, claims and equity of redemption, if any, hereby being expressly waived). If any of the Collateral is sold or leased by Secured Party upon credit terms or for future delivery, the Obligations shall not be reduced as a result thereof until payment therefore is finally collected by Secured Party. In the event Secured Party institutes an action to recover any Collateral or seeks recovery of any Collateral by way of prejudgment remedy, Borrower waives the posting of any bond which might otherwise be required. Notwithstanding that Secured Party, whether in its own behalf and/or on behalf of another or others, may continue to hold the Collateral and regardless of the value thereof, or any delay or failure to dispose thereof, unless and then only to the extent that Secured Party proposes to retain the Collateral in satisfaction of the Obligations by written notice in accordance with the UCC, Borrower shall be and remain liable for the payment in full of any balance of the Obligations and expenses at any time unpaid. Without limiting the foregoing, upon Borrower's failure to abide by and comply with its obligations under any of Sections 2.10, 2.12, 2.13, 2.21, 2.22 and 2.30 hereof, in addition to its other rights and remedies, Secured Party may (but is not required to), in its sole discretion and to the extent it deems necessary, advisable or appropriate, take or cause to be taken such actions or things to be done (including the payment or advancement of funds, or requiring advancement of funds to be held by Secured Party to fund such obligations, including taxes or insurance) as may be required hereby (or necessary or desirable in connection herewith) to correct such failure (including causing the Collateral to be maintained or insurance protection required hereby to be procured and maintained) and any and all costs and expenses incurred (including reasonable attorneys fees and disbursements) in connection therewith shall be included in Borrower's Obligations and shall be immediately due and payable and bear interest made at the Default Ratetime and place to which it was so adjourned.

Additional Rights of Secured Party. Upon the occurrence of an ---------------------------------- Event of Default, Secured Party may, from time to time, in its discretion, and without Borrower's assent, without advertisements or notices of any kind (except for the notice specified in Section 7.5 below hereof regarding notice required in connection with a public or private sale), or demand of performance or other demand, or obligation or liability (except to account for amounts actually received) to or upon Borrower or any other person (all such advertisements, notices and demands, obligation and liabilities, if any, hereby being expressly waived and discharged to the extent permitted by law), forthwith, directly or through its agents or representatives, : (i) disclose such default and other matters (including the name of Borrower) in connection therewith to any Person in Secured Party's reasonable discretion to any other Person (including other creditors and the Franchisor)Person; (ii) to the extent permitted by applicable law enter any premises, with or without the assistance of other persons or legal process; (iii) require Borrower to account for (including accounting for any products and proceeds of any Collateral), segregate, assemble, make available and deliver to Secured Party, its agents or representatives, the Collateral, at any place and time designated by Secured Party; (iv) take possession of, operate, render unusable, remove from any location, collect, transfer and receive, recover, appropriate, foreclose, extend payment of, adjust, compromise, settle, release any claims included in, and do all other acts or things necessary or, in Secured Party's sole discretion appropriate, to protect, maintain, preserve and realize upon, the Collateral and any products and proceeds thereof, in whole or in part; and (v) exercise all rights, powers and interests with respect to any and all Properties and Collateral, and sell, assign, lease, license, pledge, transfer, negotiate (including endorse checks, drafts, orders, or instruments), deliver or otherwise dispose (by contract, option(s) or otherwise) of the Properties, the Collateral or any part thereof. Any such disposition may be in one or more public or private sales, at or upon an exchange, board or system or in the County, in the State or elsewhere, at such price, for cash or credit (or for future delivery without credit risk) and upon such other terms and conditions as it deems appropriate, with the right of Secured Party to the extent permitted by law upon any such sale or sales, public or private, to purchase the whole or any part of said Collateral, free of any right, claim or equity of redemption of or in Borrower (such rights, claims and equity of redemption, if any, hereby being expressly waived). If any of the Properties or Collateral is sold or leased by Secured Party upon credit terms or for future delivery, the Obligations shall not be reduced as a result thereof until payment therefore is finally collected by Secured Party. In the event Secured Party institutes an action to recover any Properties or Collateral or seeks recovery of any Properties or Collateral by way of prejudgment remedy, Borrower waives the posting of any bond which might otherwise be required. Notwithstanding that Secured Party, whether in its own behalf and/or on behalf of another or others, may continue to hold the Properties or Collateral and regardless of the value thereof, or any delay or failure to dispose thereof, unless and then only to the extent that Secured Party proposes to retain the Properties or Collateral in satisfaction of the Obligations by written notice in accordance with the UCC, Borrower shall be and remain liable for the payment in full of any balance of the Obligations and expenses at any time unpaid. Without limiting the foregoing, upon Borrower's failure to abide by and comply with its obligations under any of Sections 2.10, 2.12, 2.13, 2.21, 2.22 and 2.30 hereofhereunder, in addition to its other rights and remedies, Secured Party may (but is not required to), in its sole discretion and to the extent it deems necessary, advisable or appropriate, take or cause to be taken such actions or things to be done (including including, without limitation, (x) the payment or advancement of funds, or requiring advancement of funds to be held by Secured Party to fund such obligations, including taxes or insurance, and (y) taking, or causing to be taken, remediation actions with respect to environmental problems on any Property as may be required hereby (or necessary or desirable in connection herewith) to correct such failure (including causing the Collateral to be maintained or insurance protection required hereby to be procured and maintained) and any and all costs and expenses incurred (including reasonable attorneys attorneys' fees and disbursements) in connection therewith shall be included in Borrower's Obligations and shall be immediately due and payable and bear interest at the Default Rate.

Additional Rights of Secured Party. Upon the occurrence of (a) At any time and from time to time whether or not an Event of Default then exists and without prior notice to or consent of any Debtor, the Secured Party may at its option take such actions as the Secured Party deems appropriate (i) to attach, perfect, continue, preserve and protect the Secured Party’s prior security interests in the Collateral, and/or (ii) subject to the provisions of Section 7.2 of the Note Agreement, to inspect, audit and verify the Collateral, including reviewing all of such Debtor’s books and records and copying and making excerpts therefrom, provided that prior to an Event of Default or a Potential Default, Secured Party may, from time the same is done with advance notice during normal business hours to time, in its discretionthe extent access to such Debtor’s premises is required, and without Borrower's assent(iii) to add all liabilities, without advertisements or notices of any kind (except for the notice specified in Section 7.5 below regarding notice required obligations, reasonable costs and expenses reasonably incurred in connection with a public or private sale), or demand of performance or other demand, or obligation or liability (except to account for amounts actually received) to or upon Borrower or any other person (all such advertisements, notices and demands, obligation and liabilities, if any, hereby being expressly waived and discharged to the extent permitted by law), forthwith, directly or through its agents or representatives, foregoing clauses (i) disclose such default and other matters (including the name of Borrower) in connection therewith to any Person in Secured Party's reasonable discretion to any other Person (including other creditors and the Franchisor); (ii) to the extent permitted Secured Obligations, to be paid by applicable law enter the Debtors to the Secured Party for the benefit of the Noteholders upon demand; and (b) At any premises, with time and from time to time after an Event of Default exists and is continuing and without prior notice to or without the assistance of other persons or legal process; (iii) require Borrower to account for (including accounting for any products and proceeds consent of any Collateral), segregate, assemble, make available and deliver to Secured Party, its agents or representativesDebtor, the Collateral, at any place and time designated by Secured Party; (iv) take possession of, operate, render unusable, remove from any location, collect, transfer and receive, recover, appropriate, foreclose, extend payment of, adjust, compromise, settle, release any claims included in, and do all other acts or things necessary or, in Secured Party's sole discretion appropriate, to protect, maintain, preserve and realize upon, the Collateral and any products and proceeds thereof, in whole or in part; and (v) exercise all rights, powers and interests with respect to any and all Collateral, and sell, assign, lease, license, pledge, transfer, negotiate (including endorse checks, drafts, orders, or instruments), deliver or otherwise dispose (by contract, option(s) or otherwise) of the Collateral or any part thereof. Any such disposition may be in one or more public or private sales, at or upon an exchange, board or system or in the County, in the State or elsewhere, at such price, for cash or credit (or for future delivery without credit risk) and upon such other terms and conditions as it deems appropriate, with the right of Secured Party to the extent permitted by law upon any such sale or sales, public or private, to purchase the whole or any part of said Collateral, free of any right, claim or equity of redemption of or in Borrower (such rights, claims and equity of redemption, if any, hereby being expressly waived). If any of the Collateral is sold or leased by Secured Party upon credit terms or for future delivery, the Obligations shall not be reduced as a result thereof until payment therefore is finally collected by Secured Party. In the event Secured Party institutes an action to recover any Collateral or seeks recovery of any Collateral by way of prejudgment remedy, Borrower waives the posting of any bond which might otherwise be required. Notwithstanding that Secured Party, whether in its own behalf and/or on behalf of another or others, may continue to hold the Collateral and regardless of the value thereof, or any delay or failure to dispose thereof, unless and then only to the extent that Secured Party proposes to retain the Collateral in satisfaction of the Obligations by written notice in accordance with the UCC, Borrower shall be and remain liable for the payment in full of any balance of the Obligations and expenses at any time unpaid. Without limiting the foregoing, upon Borrower's failure to abide by and comply with its obligations under any of Sections 2.10, 2.12, 2.13, 2.21, 2.22 and 2.30 hereof, in addition to its other rights and remedies, Secured Party may (but is not required shall have no obligation to), in ) at its sole discretion and to option take such action as the extent it deems necessary, advisable or appropriate, take or cause to be taken such actions or things to be done (including the payment or advancement of funds, or requiring advancement of funds to be held by Secured Party to fund such obligations, including taxes or insurance) as may be required hereby deems appropriate (or necessary or desirable in connection herewithi) to maintain, repair, protect and insure the Collateral, and/or (ii) to perform, keep, observe and render true and correct such failure (including causing the Collateral to be maintained or insurance protection required hereby to be procured and maintained) and any and all covenants, agreements, representations and warranties of any Debtor hereunder, and (iii) to add all liabilities, obligations, costs and expenses reasonably incurred (including reasonable attorneys fees and disbursements) in connection therewith shall with the foregoing clauses (i) and (ii) to the Secured Obligations, to be included in Borrower's Obligations and shall be immediately due and payable and bear interest at paid by the Default RateDebtors to the Secured Party for the benefit of the Noteholders upon demand.