BANK’S RIGHTS. The Agent and the Banks shall not be obligated by ------------- reason of their acceptance of this Guaranty to engage in any transactions with or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance of the Indebtedness and may otherwise agree, consent to or suffer the creation or continuance of any of the Indebtedness, without any consent or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The Guarantor's liability shall not be affected or impaired by any of the following acts or things (which the Agent and the Banks are expressly authorized to do, omit or suffer from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the Indebtedness; (ii) one or more extensions or renewals of the Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtedness; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxx, the Borrower or any guarantor or other person liable in respect of any of the Indebtedness; (v) any release, surrender, cancellation or other discharge of any evidence of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer of any of the Indebtedness or any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; and (x) any election by the Agent and the Banks under Section 1111(b) of the United States Bankruptcy Code. The Guarantor waives any and all defenses and discharges available to a surety, guarantor or accommodation co-obligor.
Appears in 8 contracts
Samples: Guaranty (Nationwide Electric Inc), Guaranty (Nationwide Electric Inc), Guaranty (Nationwide Electric Inc)
BANK’S RIGHTS. (a) The Agent Creditor hereby consents that at any time and the Banks shall not be obligated by ------------- reason of their acceptance of this Guaranty to engage in any transactions with or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance of the Indebtedness and may otherwise agree, consent to or suffer the creation or continuance of any of the Indebtedness, without any consent or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The Guarantor's liability shall not be affected or impaired by any of the following acts or things (which the Agent and the Banks are expressly authorized to do, omit or suffer from time to time, both before and after revocation without further consent of this Guaranty, without consent or approval by or notice to the Guarantor): Creditor and without in any manner affecting, impairing, lessening or releasing any of the provisions of this Agreement, the Bank may, in its sole discretion: (i) renew, compromise, extend, expand, postpone, waive, accelerate, terminate, change the payment terms of, or otherwise modify the Obligations or amend, renew, replace or terminate the Loan Documents or any acceptance of collateral security, guarantors, accommodation parties and all other agreements now or sureties for any or all of hereafter related to the IndebtednessObligations; (ii) one extend credit to the Borrower in whatever amount on a secured or more extensions unsecured basis or renewals of take other support for the Indebtedness (whether Obligations and exchange, enforce, waive, sell, transfer, collect, adjust or not for longer than the original period) or release any modification of the interest rates, maturities, if any, such security or other contractual terms applicable to any of the Indebtedness or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness support or any part thereof arosethereof; (iii) apply any waiver and all payments or indulgence granted to proceeds of such security or other support and in any order or manner as the BorrowerBank, in its discretion, may determine; and (iv) release or substitute any party liable on the Obligations, any guarantor of the Obligations, or any other party providing support for the Obligations.
(b) This Agreement will not be affected, impaired or released by any delay or lack of diligence in the enforcement failure of the Indebtedness or any failure Bank to institute proceedings, file a claim, give any required notices or otherwise protect exercise any of the Indebtedness; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxx, its rights and remedies against the Borrower or any guarantor or other person liable in respect under any of the Obligations or against any Collateral, by any failure of the Bank to take steps to perfect or maintain its lien on, or to preserve any rights to, any Collateral by any irregularity, unenforceability or invalidity of any of the Indebtedness; (v) Obligations or any releasepart thereof or any security or guarantee therefor, surrenderor by any other event or circumstance which otherwise might constitute a defense available to, cancellation or other a discharge of, the Borrower or a subordinated creditor. The Creditor hereby waives demand, presentment for performance, protest, notice of any evidence dishonor and of protest with respect to the Subordinated Debt and the Collateral, notice of acceptance of this Agreement, notice of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer making of any of the Indebtedness or Obligations and notice of default under any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; and (x) any election by the Agent and the Banks under Section 1111(b) of the United States Bankruptcy Code. The Guarantor waives any and all defenses and discharges available Obligations.
(c) Nothing in this Agreement will obligate the Bank to a suretygrant credit to, guarantor or accommodation co-obligorcontinue financing arrangements with, the Borrower.
Appears in 2 contracts
Samples: Subordination Agreement (Brekford Corp.), Subordination Agreement (Brekford Corp.)
BANK’S RIGHTS. The Agent (a) Bank may, at any time in Bank's own name or in the name of Borrower, (i) communicate with Account Debtors of Borrower or any of its Subsidiaries, parties to Contracts of Borrower or any of its Subsidiaries, and obligors in respect of Instruments or Chattel Paper of Borrower or any of its Subsidiaries or other Collateral to verify to Bank's satisfaction the Banks existence, amount, and terms of any such Accounts, Contracts, Instruments, Chattel Paper, or other Collateral, and (ii) at any time after the occurrence and during the continuance of a Default or an Event of Default, and without prior notice to Borrower, notify such Account Debtors, parties to such Contracts, and obligors in respect of such Chattel Paper, Instruments, or other Collateral that such Collateral has been assigned to Bank and that payments shall be made directly to Bank. Upon the request of Bank, Borrower or any of its Subsidiaries shall so notify such Account Debtors, parties to such Contracts, and obligors in respect of such Instruments, Chattel Paper, or other Collateral.
(b) It is expressly agreed by each of Borrower and each of its Subsidiaries that such Person shall remain liable under each of its Contracts and Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, and Bank shall have no obligation or liability whatsoever to any other Person under any such Contract or License (between Borrower or any of its Subsidiaries and any Person other than Bank) by reason of or arising out of the execution, delivery, or performance of this Agreement, and Bank shall not be required or obligated by ------------- reason of their acceptance of this Guaranty to engage in any transactions with manner (i) to perform or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance of the Indebtedness and may otherwise agree, consent to or suffer the creation or continuance of fulfill any of the Indebtedness, without any consent obligations of Borrower or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The Guarantor's liability shall not be affected or impaired by any of its Subsidiaries thereunder, (ii) to make any payment or inquiry, or (iii) to take any action of any kind to collect or enforce any performance or the following acts payment of any amounts that may have been assigned to it or things to which it may be entitled at any time or times under or pursuant to any such Contract or License.
(c) Each of Borrower and each of its Subsidiaries shall, with respect to each of its owned, leased, or controlled properties or facilities, during normal business hours and upon reasonable advance notice (unless an Event of Default has occurred and is continuing, in which event no notice shall be required and Bank shall have access at any and all times): (i) provide access to such facilities or properties to Bank and any of its officers, employees, and agents, as frequently as Bank determines to be appropriate; (ii) permit Bank and any of its officers, employees, and agents to inspect, audit, and make extracts from all of such Person's Books and Records; and (iii) permit Bank to inspect, review, evaluate, and make physical verifications and appraisals of such Person's Inventory and other Collateral in any manner and through any medium that Bank considers advisable, and each of Borrower and each of its Subsidiaries shall provide to Bank, at Borrower's cost and expense, such clerical and other assistance as may be reasonably requested with respect thereto. Each of Borrower and each of its Subsidiaries shall make available to Bank and its counsel, as quickly as practicable under the Agent circumstances, originals or copies of all of such Person's Books and Records and any other instruments and documents that Bank may request. Each of Borrower and each of its Subsidiaries shall deliver any document or instrument reasonably necessary for Bank, as it may from time to time request, to obtain records from any service bureau or other Person that maintains records for Borrower or any of its Subsidiaries.
(d) Upon the Banks are expressly authorized occurrence and during the continuance of an Event of Default, Borrower, at its own expense, shall cause its independent certified public accountants to do, omit or suffer prepare and deliver to Bank at any time and from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): promptly upon Bank's request: (i) any acceptance a reconciliation of collateral security, guarantors, accommodation parties or sureties for any or all of the Indebtednessits and its Subsidiaries' Accounts; (ii) one or more extensions or renewals an aging of the Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof aroseall such Accounts; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtednesstrial balances; and (iv) test verifications of such Accounts as Bank may request. Borrower, at its own expense, shall cause its independent certified public accountants to deliver to Bank the results of (A) any full physical verifications of all or partial release ofany portion of its and its Subsidiaries' Inventory made or observed by such accountants and (B) any verifications of its and its Subsidiaries' Accounts, compromise or settlement with, or agreement not in each case when and if any such verifications are conducted. Bank shall be permitted to xxx, the observe and consult with Borrower or any guarantor or other person liable of its Subsidiaries and Borrower's certified public accountants in respect the performance of any of the Indebtedness; (v) any release, surrender, cancellation or other discharge of any evidence of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer of any of the Indebtedness or any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; and (x) any election by the Agent and the Banks under Section 1111(b) of the United States Bankruptcy Code. The Guarantor waives any and all defenses and discharges available to a surety, guarantor or accommodation co-obligorthese tasks.
Appears in 1 contract
BANK’S RIGHTS. The Agent (a) Bank may, at any time in Bank’s own name or in the name of Borrower, (1) communicate with Account Debtors, parties to Contracts, and obligors in respect of Franchisee Accounts or other Collateral to verify to Bank’s satisfaction the Banks existence, amount and terms of any such Franchisee Accounts or other Collateral, and (2) at any time after the occurrence and continuance of a Default or Event of Default (or if any rights of set-off (other than set-offs against an Franchisee Account arising under the Contract giving rise to the same Franchisee Account) or contra accounts may be asserted with respect to the following), and without prior notice to Borrower, notify Account Debtors and other Persons obligated on the Collateral that Bank has a security interest therein, and that payments shall be made directly to Bank. Upon the request of Bank, Borrower shall so notify such Account Debtors and other Persons obligated on the Collateral. Once any such notice has been given to any Account Debtor or other Person obligated on the Collateral, Borrower shall not give any contrary instructions to such Account Debtor or other Person without Bank’s prior written consent.
(b) It is expressly agreed by Borrower that Borrower shall remain liable under each Contract and License to observe and perform all the conditions and obligations to be observed and performed by it thereunder, and Bank shall have no obligation or liability whatsoever to any Person under any Contract or License (between Borrower or any of its Subsidiaries and any Person other than Bank) by reason of or arising out of the execution, delivery or performance of this Agreement, and Bank shall not be required or obligated by ------------- reason of their acceptance of this Guaranty to engage in any transactions with manner (1) to perform or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance of the Indebtedness and may otherwise agree, consent to or suffer the creation or continuance of fulfill any of the Indebtednessobligations of Borrower thereunder, (2) to make any payment or inquiry, or (3) to take any action of any kind to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times under or pursuant to any Contract or License.
(c) Borrower shall, with respect to each owned, leased, or controlled property or facility, during normal business hours and upon reasonable advance notice (unless a Default or Event of Default has occurred and is continuing, in which event no notice shall be required and Bank shall have access at any and all times): (1) provide access to such facility or property to Bank and any of its officers, employees and agents, as frequently as Bank reasonably determines to be appropriate; (2) permit Bank and any of its officers, employees and agents to inspect, audit and make extracts from all of Borrower’s and each of its Subsidiaries’ Books and Records; and (3) permit Bank to inspect, review, evaluate and make physical verifications and appraisals of the Inventory, including, without limitation, an appraisal of Inventory by an appraisal firm reasonably acceptable to Bank in its sole and absolute discretion, and other Collateral in any consent manner and through any medium that Bank considers advisable, and Borrower shall provide to Bank, at Borrower’s cost and expense, such clerical and other assistance as may be reasonably requested with regard thereto. Borrower shall make available to Bank and its counsel, as quickly as practicable under the circumstances, copies of all of Borrower’s and each of its Subsidiaries’ Books and Records and any other instruments and documents which Bank may request. Borrower shall deliver any document or approval by the Guarantor and without instrument reasonably necessary for Bank, as it may from time to time request, to obtain records from any prior service bureau or subsequent notice to the Guarantor. The Guarantor's liability shall not be affected other Person that maintains records for Borrower or impaired by any of its Subsidiaries.
(d) Upon the following acts occurrence and during the continuance of a Default or things (which the Agent Event of Default, Borrower, at its own expense, shall cause its independent certified public accountants or consultants who are reasonably acceptable to Bank, to prepare and the Banks are expressly authorized deliver to do, omit or suffer Bank at any time and from time to time, both before promptly upon Bank’s request: (1) a reconciliation of all Franchisee Accounts; (2) an aging of all Franchisee Accounts; (3) trial balances; and after revocation (4) test verifications of this Guarantysuch Franchisee Accounts as Bank may request. Borrower, without consent or approval by or notice at its own expense, shall cause its independent certified public accountants to deliver to Bank the Guarantor): results of (i) any acceptance physical verifications of collateral security, guarantors, accommodation parties all or sureties for any or all portion of the Indebtedness; Inventory made or observed by such accountants and (ii) one or more extensions or renewals any verifications of the Indebtedness (whether or not for longer than the original period) or Borrower’s Franchisee Accounts, in each case when and if any modification of the interest rates, maturities, if any, or other contractual terms applicable such verifications are conducted. Bank shall be permitted to any of the Indebtedness or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof arose; (iii) any waiver or indulgence granted to the observe and consult with Borrower and Borrower, any delay or lack of diligence ’s certified public accountants in the enforcement performance of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtedness; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxx, the Borrower or any guarantor or other person liable in respect of any of the Indebtedness; (v) any release, surrender, cancellation or other discharge of any evidence of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer of any of the Indebtedness or any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; and (x) any election by the Agent and the Banks under Section 1111(b) of the United States Bankruptcy Code. The Guarantor waives any and all defenses and discharges available to a surety, guarantor or accommodation co-obligorthese tasks.
Appears in 1 contract
BANK’S RIGHTS. The Agent (a) Bank may, at any time in Bank's own name or in the name of Borrower, (i) communicate with Account Debtors of Borrower or any of its Subsidiaries, parties to Contracts of Borrower or any of its Subsidiaries, and obligors in respect of Instruments or Chattel Paper of Borrower or any of its Subsidiaries or other Collateral to verify to Bank's satisfaction the Banks existence, amount, and terms of any such Accounts, Contracts, Instruments, Chattel Paper, or other Collateral, and (ii) at any time after the occurrence and during the continuance of a Default or an Event of Default (or if any rights of set-off (other than set-off against an Account arising under the Contract giving rise to the same Account) or contra accounts may be asserted with respect to the following), and without prior notice to Borrower, notify such Account Debtors, other Persons obligated on the Collateral that Bank has a security interest therein, and that payments shall be made directly to Bank. Upon the request of Bank, Borrower shall so notify such Account Debtors and other Persons obligated on the Collateral. Once any such notice has been given to any Account Debtor or other Person obligated on the Collateral, Borrower shall not give any contrary instructions to such Account Debtor or other Persons without Bank's prior written consent.
(b) It is expressly agreed by each of Borrower and each of its Subsidiaries that such Person shall remain liable under each of its Contracts and Licenses to observe and perform all the conditions and obligations to be observed and performed by it thereunder, and Bank shall have no obligation or liability whatsoever to any other Person under any such Contract or License (between Borrower or any of its Subsidiaries and any Person other than Bank) by reason of or arising out of the execution, delivery, or performance of this Agreement, and Bank shall not be required or obligated by ------------- reason of their acceptance of this Guaranty to engage in any transactions with manner (i) to perform or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance of the Indebtedness and may otherwise agree, consent to or suffer the creation or continuance of fulfill any of the Indebtedness, without any consent obligations of Borrower or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The Guarantor's liability shall not be affected or impaired by any of its Subsidiaries thereunder, (ii) to make any payment or inquiry, or (iii) to take any action of any kind to collect or enforce any performance or the following acts payment of any amounts that may have been assigned to it or things to which it may be entitled at any time or times under or pursuant to any such Contract or License.
(c) Each of Borrower and each of its Subsidiaries shall, with respect to each of its owned, leased, or controlled properties or facilities, during normal business hours and upon reasonable advance notice (unless an Event of Default has occurred and is continuing, in which event no notice shall be required and Bank shall have access at any and all times): (i) provide access to such facilities or properties to Bank and any of its officers, employees, and agents, as frequently as Bank determines to be appropriate; (ii) permit Bank and any of its officers, employees, and agents to inspect, audit, and make extracts from all of such Person's Books and Records; and (iii) permit Bank to inspect, review, evaluate, and make physical verifications and appraisals of such Person's Inventory, Equipment and other Collateral in any manner and through any medium that Bank considers advisable, and each of Borrower and each of its Subsidiaries shall provide to Bank, at Borrower's cost and expense, such clerical and other assistance as may be reasonably requested with respect thereto. Each of Borrower and each of its Subsidiaries shall make available to Bank and its counsel, as quickly as practicable under the Agent circumstances, originals or copies of all of such Person's Books and Records and any other instruments and documents that Bank may request. Each of Borrower and each of its Subsidiaries shall deliver any document or instrument reasonably necessary for Bank, as it may from time to time request, to obtain records from any service bureau or other Person that maintains records for Borrower or any of its Subsidiaries.
(d) Upon the Banks are expressly authorized occurrence and during the continuance of an Event of Default, Borrower, at its own expense, shall cause its independent certified public accountants to do, omit or suffer prepare and deliver to Bank at any time and from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): promptly upon Bank's request: (i) any acceptance a reconciliation of collateral security, guarantors, accommodation parties or sureties for any or all of the Indebtednessits and its Subsidiaries' Accounts; (ii) one or more extensions or renewals an aging of the Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof aroseall such Accounts; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtednesstrial balances; and (iv) test verifications of such Accounts as Bank may request. Borrower, at its own expense, shall cause its independent certified public accountants to deliver to Bank the results of (A) any full physical verifications of all or partial release ofany portion of its and its Subsidiaries' Inventory made or observed by such accountants and (B) any verifications of its and its Subsidiaries' Accounts, compromise or settlement with, or agreement not in each case when and if any such verifications are conducted. Bank shall be permitted to xxx, the observe and consult with Borrower or any guarantor of its Subsidiaries and Borrower's certified public accountants in the performance of these tasks.
(e) Bank may exercise its rights under this Agreement and the other Loan Documents (i) without resistance or other person liable in respect interference by Borrower or any of its Subsidiaries except to the extent Borrower or such Subsidiary has valid defenses, and (ii) without payment of any of the Indebtedness; (v) any releaserent, surrender, cancellation license fee or other discharge compensation of any evidence of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure kind to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; Borrower or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer of any of the Indebtedness or any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; and (x) any election by the Agent and the Banks under Section 1111(b) of the United States Bankruptcy Code. The Guarantor waives any and all defenses and discharges available to a surety, guarantor or accommodation co-obligorits Subsidiaries.
Appears in 1 contract
BANK’S RIGHTS. The Agent and the Banks Bank shall not be obligated by ------------- reason of their acceptance of this Amended Guaranty to engage in any transactions with or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Amended Guaranty has been revoked, the Agent and the Banks Bank may enter into transactions resulting in the creation or continuance of the Indebtedness Obligations and may otherwise agree, consent to or suffer the creation or continuance of any of the IndebtednessObligations, without any consent or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The Guarantor's ’s liability shall not be affected or impaired by any of the following acts or things (which the Agent and the Banks are Bank is expressly authorized to do, omit or suffer from time to time, both before and after revocation of this Amended Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the IndebtednessObligations; (ii) one or more extensions or renewals of the Indebtedness Obligations (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness Obligations or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness Obligations or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness Obligations or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the IndebtednessObligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxxsxx, the Borrower or any guarantor or other person liable in respect of any of the IndebtednessObligations; (v) any release, surrender, cancellation or other discharge of any evidence of the Indebtedness Obligations or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the IndebtednessObligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer of any of the Indebtedness Obligations or any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the IndebtednessObligations; and (x) any election by the Agent and the Banks Bank under Section 1111(b) of the United States Bankruptcy Code. The Guarantor waives any and all defenses and discharges available to a surety, guarantor or accommodation co-obligor.
Appears in 1 contract
Samples: Guaranty (US BioEnergy CORP)
BANK’S RIGHTS. The Agent Borrower agrees that Bank may from time to time and as many times as Bank, in its sole discretion, deems appropriate, do any of the Banks shall not be obligated by ------------- reason of their acceptance following without notice to Borrower and without adversely affecting the validity or enforceability of this Guaranty Agreement or any other agreement, document or instrument given by Borrower to engage Bank in connection with this Agreement or the Obligations, including, without limitation, any transactions with mortgage or for other security instrument given by Borrower to secure its Obligations under this Agreement: (i) release, surrender, exchange, compromise or settle the Borrower. Whether Obligations, or not any existing relationship between part thereof; (ii) change, renew or waive the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance terms of the Indebtedness and may otherwise agreeObligations, consent to or suffer any part thereof; (iii) waive the creation or continuance terms of any of the IndebtednessLoan Documents or any other note, without any consent instrument or approval by the Guarantor and without any prior or subsequent notice agreement relating to the Guarantor. The Guarantor's liability shall not be affected or impaired by any Obligations, such rights in Bank to include without limitation the right (with the Borrower’s approval) to increase the amount of the following acts Loan or things to change the rate of interest charged to Borrower (in which event the Agent and the Banks are expressly authorized Obligations shall be deemed also to do, omit or suffer from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or include all of the Indebtedness; (ii) one or more extensions or renewals of the Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtednessat such changed rate); (iv) grant any full extension or partial release of, compromise indulgence with respect to the payment or settlement with, or agreement not to xxx, performance of the Borrower Obligations or any guarantor or other person liable in respect of any of the Indebtednesspart thereof; (v) enter into any agreement of forbearance with respect to the Obligations, or any part thereof; (vi) release, surrender, cancellation exchange or other discharge of compromise any evidence security held by Bank for any of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral securityObligations; (vii) release any collection, sale, lease person who is a guarantor or disposition of, surety or who has agreed to purchase the Obligations or any other foreclosure or enforcement of or realization on, any collateral securitypart thereof; (viii) release, surrender, exchange or compromise any assignmentsecurity or lien held by Bank for the liabilities of any person who is guarantor or surety for the Obligations or any part thereof; and (ix) settle, pledge release, adjust or compromise any claim of Bank against Borrower or any other transfer person secondarily or otherwise liable, including but not limited to any other guarantors or sureties of the Obligations. Borrower agrees that Bank may do any of the Indebtedness above as it deems necessary or advisable, in its sole discretion, without giving any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; notice to Borrower and (x) any election by the Agent and the Banks under Section 1111(b) that Borrower will remain liable for full performance of the United States Bankruptcy CodeObligations, to the extent of the Cash Collateral. The Guarantor Borrower further waives any and all defenses and discharges available to defense based on a surety, guarantor claim or accommodation co-obligordefense of Borrower.
Appears in 1 contract
BANK’S RIGHTS. (a) The Agent occurrence of any/all of the aforesaid Events of Default shall entitle the Bank to terminate the Loan and demand the Banks payment by intimating to the Borrower(s) and Co- Borrower(s) that the entire sum of money and all other sums and charges of whatsoever nature, including but not limited to, interests on account of other taxes which would have been payable by the Borrower(s) if the Agreement had run to its full term, have become due and payable forthwith and to surrender the vacant possession of the property/properties offered as security within 15 days from the date of notice of default.
(b) The Bank shall be further entitled to charge additional interest in the form of default interest as specified in the Schedule I on the principal outstanding and on the other amounts due and demand that all the Dues be repaid to the Bank immediately. The Bank may by a notice in writing at its discretion call upon the Borrower(s) to rectify the Event of Default within the period specified in such notice. The Borrower expressly agrees that the rate of additional interest is a fair estimate of the loss likely to be suffered by the Bank by reason of such delay/default on the part of the Borrower. Further, additional interest shall accrue from day to day and shall be computed on the basis of 365 days a year (irrespective of leap year). Additional interest shall be computed for (i) in case the additional interest is payable due to default/delay in any payment, then the period commencing from the due date of payment of the amount in default/delay up to the payment of amount in default/delay along-with additional interest and (ii) in case of occurrence of any other Event of Default, for the period during which the Event of Default or breach, as the case may be, persists.
(c) The Bank as a secured creditor shall, in the event of default or breach of clause(s) by the Borrower(s) mentioned in this Agreement or on classifying the Secured asset as Non- Performing Asset, be entitled to invoke the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT) so as to enforce the Security interest more fully described in Schedule I created by the Borrower(s) in lieu of repayment of loan.
(d) Upon occurrence of an Event of Default, the Borrower(s) shall be bound to handover the vacant possession of the Property/properties mortgaged as security to the Bank in good condition subject to ordinary wear and tear excepted. The Borrower(s) shall not prevent or obstruct the Bank from taking the possession of the Property/properties mortgaged with the Bank as security. For this purpose, the Borrower(s) covenants & confirms that the Bank’s authorized representatives, servants, officers and agents will have unrestricted right of entry and shall be entitled to forthwith, or at any time without notice to the Borrower(s), to enter upon the premises, to take possession or recover and receive the same and if necessary to break open any such place. The Borrower(s) shall be liable to pay any charges and other such expenses incurred by the Bank for taking the possession of the Property/properties mortgaged with the Bank, cost of safe keeping of the property/properties and for its sale etc. The Borrower(s) shall immediately transfer, deliver, and endorse all registrations policies, certificates, and documents relating to the mortgaged property/properties to the Bank, its nominees or agents as the case may be. If the Bank takes possession of the mortgaged Property/properties, the Bank shall not be obligated responsible notwithstanding anything to the contrary containing in Section 151 of the Indian Contract Act, for any loss or deterioration of or damage to the mortgaged Property/properties whether by ------------- reason fire, rain, flood, earthquake, lightning, accident or any other cause whatsoever. Applicant Co-applicant 1 Co-applicant 2 Co-applicant 3
(e) Notwithstanding anything contained in this Agreement, the Bank shall be entitled to take possession of their acceptance the mortgaged Property/properties after due notice in this regard, whether the entire Loan amount has been recalled or not, whenever, in the absolute discretion of this Guaranty the Bank, there is likelihood of the dues payable to engage the Bank not being paid by the Borrower(s) and/or the Property/properties is likely to be transferred by the Borrower(s) to defeat the security and/or the payment of the due amounts payable to the Bank.
(f) The Bank shall, in any transactions with or for any/all the Borrower. Whether or not any existing relationship between the Guarantor aforesaid Events of Default, be entitled to and the Borrower has been changed Borrower(s) hereby irrevocably authorizes the Bank to sell/transfer/assign the Property/ properties including the property/properties lodged as Additional Security either by public auction or ended by private treaty or otherwise howsoever, and whether or appropriate the proceeds thereof towards repayment of all the outstanding amounts from the Borrower(s) to the Bank under this Agreement.
(g) If the sale proceeds are not this Guaranty has been revokedsufficient to meet all the dues of the Bank, the Agent and Borrower(s) shall be liable to pay for any deficiencies after the Banks may enter into transactions resulting in said appropriation. In case there is any surplus after adjusting the creation or continuance dues of the Indebtedness and may otherwise agreeBank, consent to or suffer the creation or continuance of any of the Indebtedness, without any consent or approval by the Guarantor and without any prior or subsequent notice same shall be paid to the GuarantorBorrower(s). The Guarantor's liability Bank shall be entitled to proceed against the Borrower(s) or Co-Borrower(s) independently of such security.
(h) In case of receipt of excess amount from the sale of security, the bank shall refund the same to the borrower
(i) The Borrower(s) shall not be affected or impaired by entitled to raise any objections regarding the regularity of the following acts or things (which sale and/or actions taken by the Agent and Bank nor shall the Banks are expressly authorized to do, omit or suffer from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties Bank be liable/responsible for any loss that may be occasioned from the exercise of such power and/or that may arise from any act or all of default on the Indebtedness; (ii) one or more extensions or renewals of the Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness or any amendment or modification part of any of the terms broker or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtedness; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxx, the Borrower or any guarantor auctioneer or other person liable or body engaged by the Bank for the said purpose.
(j) The Bank shall be entitled to recover from the Borrower(s) all expenses (including legal costs on full indemnity basis) incurred by or on behalf of the Bank in respect ascertaining the whereabouts of the Property/properties, ascertaining and marking the boundaries of the land & building, taking possession, insuring and selling the Property/properties and of any legal proceedings that may be filed by or on behalf of the Indebtedness; (v) Bank to enforce the provisions of this Agreement. It is expressly clarified that the remedies referred to ereinabove shall be in addition to and without prejudice to any release, surrender, cancellation or other discharge of any evidence of remedy available to the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the IndebtednessBank either under this Agreement, or to see to the proper or sufficient creation and perfection thereofunder any other Agreement, or to establish the priority thereofin law, or to preserveequity.
(k) The Bank or its officers, protectagents or nominees shall not be in any way responsible for any loss, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairmentdamage, limitation, loss or discharge depreciation that the mortgaged Property/properties may suffer or sustain on any account whatsoever whilst the same is in the possession of any collateral security; (vii) any collectionthe Bank, saleits officers, lease agents or disposition ofnominees or because of exercise or non-exercise of the rights, powers, or any other foreclosure remedies available to the Bank or enforcement of its officers, agents or realization onnominees and all such loss, any collateral security; (viii) any assignment, pledge damage or other transfer of any depreciation shall be debited to the account of the Indebtedness Borrower(s) howsoever the same may have been caused.
(l) The Bank or any evidence thereof; (ix) any mannerits Officers, order agents or method nominees shall at all times observe the code of application of any payments or credits upon its commitment to the Indebtedness; Customers and (x) any election by to comply with all the Agent and the Banks under Section 1111(b) requirement of the United States Bankruptcy Code. The Guarantor waives any KYC norms.
(m) To handover the original title deeds and all defenses documents pertaining to the security and discharges available belonging to a surety, guarantor or accommodation co-obligorthe borrower post repayment of the loan.
Appears in 1 contract
Samples: Mortgage Loan Agreement
BANK’S RIGHTS. 3.1. The Agent Bank shall have a right to:
a) Recover the Rent and any other cost incurred by the Banks Bank in relation to the Locker to the debit of the Customer’s account, in the event the same is not paid by the Customer, when due; and
b) Refuse access to the Locker- • In case the rent due on the Locker remains unpaid; and • Customer fails to provide proof of identity when demanded by the Bank, at the time of seeking access to the Locker.
c) In the case of the death of one or more of the joint Renters, the survivors, or the survivor or all of them according to instructions given to the Bank by all the Renters/lessees including the deceased and recorded by the bank in the life time of the deceased shall be entitled after proving such death to the satisfaction of the bank, to have access to the locker. The heirs or representatives of the deceased joint Renter/lessee shall have no power to cancel or vary such instructions and shall not be obligated recognized by ------------- reason the Bank except under the order of their acceptance a court of this Guaranty to engage in any transactions with competent jurisdiction. In the absence of such instructions the consent of authority of executor or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance administrator of the Indebtedness and deceased shall be required before access may otherwise agree, consent be had to the locker by the survivors or suffer survivor of such joint Renters/lessee. In the creation or continuance of any case of the Indebtedness, without any consent death of a sole Renter/lessee or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The Guarantor's liability shall not be affected or impaired by any of the following acts last survivor of joint Renters/lessee the Bank may at its option (and on production of such evidence which it may call for) permit any person or things (which persons claiming to be the Agent and the Banks are expressly authorized to do, omit or suffer from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all legal representatives of the Indebtedness; (ii) one or more extensions or renewals deceased to inspect the contents of the Indebtedness (whether or not for longer than locker and on the original period) or any modification registration of the interest rates, maturities, if anysuccession certificate, or other contractual terms applicable proof of title, probate or Letters of Administration, the successors, heirs trustees or executors or administrators named therein shall have power to any deal with the contents of the Indebtedness or any amendment or modification locker and be deemed to be Renters/lessees of any such locker in place of the terms or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtedness; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxx, the Borrower or any guarantor or other person liable in respect of any of the Indebtedness; (v) any release, surrender, cancellation or other discharge of any evidence of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer of any of the Indebtedness or any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; and (x) any election by the Agent and the Banks under Section 1111(b) of the United States Bankruptcy Codesuch deceased Renter/lessee. The Guarantor waives any bank may, in appropriate cases and all defenses and discharges available to a suretyon such conditions as it may think fit, guarantor or accommodation co-obligor.dispense with such succession certificate probate of Letters of Administration
Appears in 1 contract
Samples: Safe Deposit Locker Agreement
BANK’S RIGHTS. (a) The Agent occurrence of any/all of the aforesaid Events of Default shall entitle the Bank to terminate the Loan and demand the Banks payment by intimating to the Borrower(s) and Co- Borrower(s) that the entire sum of money and all other sums and charges of whatsoever nature, including but not limited to, interests on account of other taxes which would have been payable by the Borrower(s) if the Agreement had run to its full term, have become due and payable forthwith and to surrender the vacant possession of the property/properties offered as security within 15 days from the date of notice of default.
(b) The Bank shall be further entitled to charge additional interest in the form of default interest as specified in the Schedule I on the principal outstanding and on the other amounts due and demand that all the Dues be repaid to the Bank immediately. The Bank may by a notice in writing at its discretion call upon the Borrower(s) to rectify the Event of Default within the period specified in such notice. The Borrower expressly agrees that the rate of additional interest is a fair estimate of the loss likely to be suffered by the Bank by reason of such delay/default on the part of the Borrower. Further, additional interest shall accrue from day to day and shall be computed on the basis of 365 days a year (irrespective of leap year). Additional interest shall be computed for (i) in case the additional interest is payable due to default/delay in any payment, then the period commencing from the due date of payment of the amount in default/delay up to the payment of amount in default/delay along-with additional interest and (ii) in case of occurrence of any other Event of Default, for the period during which the Event of Default or breach, as the case may be, persists.
(c) The Bank as a secured creditor shall, in the event of default or breach of clause(s) by the Borrower(s) mentioned in this Agreement or on classifying the Secured asset as Non- Performing Asset, be entitled to invoke the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT) so as to enforce the Security interest more fully described in Schedule I created by the Borrower(s) in lieu of repayment of loan.
(d) Upon occurrence of an Event of Default, the Borrower(s) shall be bound to handover the vacant possession of the Property/properties mortgaged as security to the Bank in good condition subject to ordinary wear and tear excepted. The Borrower(s) shall not prevent or obstruct the Bank from taking the possession of the Property/properties mortgaged with the Bank as security. For this purpose, the Borrower(s) covenants & confirms that the Bank’s authorized representatives, servants, officers and agents will have unrestricted right of entry and shall be entitled to forthwith, or at any time without notice to the Borrower(s), to enter upon the premises, to take possession or recover and receive the same and if necessary to break open any such place. The Borrower(s) shall be liable to pay any charges and other such expenses incurred by the Bank for taking the possession of the Property/properties mortgaged with the Bank, cost of safe keeping of the property/properties and for its sale etc. The Borrower(s) shall immediately transfer, deliver, and endorse all registrations policies, certificates, and documents relating to the mortgaged property/properties to the Bank, its nominees or agents as the case may be. If the Bank takes possession of the mortgaged Property/properties, the Bank shall not be obligated responsible notwithstanding anything to the contrary containing in Section 151 of the Indian Contract Act, for any loss or deterioration of or damage to the mortgaged Property/properties whether by ------------- reason fire, rain, flood, earthquake, lightning, accident or any other cause whatsoever.
(e) Notwithstanding anything contained in this Agreement, the Bank shall be entitled to take possession of their acceptance the mortgaged Property/properties after due notice in this regard, whether the entire Loan amount has been recalled or not, whenever, in the absolute discretion of this Guaranty the Bank, there is likelihood of the dues payable to engage the Bank not being paid by the Borrower(s) and/or the Property/properties is likely to be transferred by the Borrower(s) to defeat the security and/or the payment of the due amounts payable to the Bank.
(f) The Bank shall, in any transactions with or for any/all the Borrower. Whether or not any existing relationship between the Guarantor aforesaid Events of Default, be entitled to and the Borrower has been changed Borrower(s) hereby irrevocably authorizes the Bank to sell/transfer/assign the Property/ properties including the property/properties lodged as Additional Security either by public auction or ended by private treaty or otherwise howsoever, and whether or appropriate the proceeds thereof towards repayment of all the outstanding amounts from the Borrower(s) to the Bank under this Agreement.
(g) If the sale proceeds are not this Guaranty has been revokedsufficient to meet all the dues of the Bank, the Agent and Borrower(s) shall be liable to pay for any deficiencies after the Banks may enter into transactions resulting in said appropriation. In case there is any surplus after adjusting the creation or continuance dues of the Indebtedness and may otherwise agreeBank, consent to or suffer the creation or continuance of any of the Indebtedness, without any consent or approval by the Guarantor and without any prior or subsequent notice same shall be paid to the GuarantorBorrower(s). The Guarantor's liability Bank shall be entitled to proceed against the Borrower(s) or Co-Borrower(s) independently of such security.
(h) In case of receipt of excess amount from the sale of security, the bank shall refund the same to the borrower
(i) The Borrower(s) shall not be affected or impaired by entitled to raise any objections regarding the regularity of the following acts or things (which sale and/or actions taken by the Agent and Bank nor shall the Banks are expressly authorized to do, omit or suffer from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties Bank be liable/responsible for any loss that may be occasioned from the exercise of such power and/or that may arise from any act or all of default on the Indebtedness; (ii) one or more extensions or renewals of the Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness or any amendment or modification part of any of the terms broker or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtedness; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxx, the Borrower or any guarantor auctioneer or other person liable or body engaged by the Bank for the said purpose.
(j) The Bank shall be entitled to recover from the Borrower(s) all expenses (including legal costs on full indemnity basis) incurred by or on behalf of the Bank in respect ascertaining the whereabouts of the Property/properties, ascertaining and marking the boundaries of the land & building, taking possession, insuring and selling the Property/properties and of any legal proceedings that may be filed by or on behalf of the Indebtedness; (v) Bank to enforce the provisions of this Agreement. It is expressly clarified that the remedies referred to ereinabove shall be in addition to and without prejudice to any release, surrender, cancellation or other discharge of any evidence of remedy available to the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the IndebtednessBank either under this Agreement, or to see to the proper or sufficient creation and perfection thereofunder any other Agreement, or to establish the priority thereofin law, or to preserveequity.
(k) The Bank or its officers, protectagents or nominees shall not be in any way responsible for any loss, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairmentdamage, limitation, loss or discharge depreciation that the mortgaged Property/properties may suffer or sustain on any account whatsoever whilst the same is in the possession of any collateral security; (vii) any collectionthe Bank, saleits officers, lease agents or disposition ofnominees or because of exercise or non-exercise of the rights, powers, or any other foreclosure remedies available to the Bank or enforcement of its officers, agents or realization onnominees and all such loss, any collateral security; (viii) any assignment, pledge damage or other transfer of any depreciation shall be debited to the account of the Indebtedness Borrower(s) howsoever the same may have been caused.
(l) The Bank or any evidence thereof; (ix) any mannerits Officers, order agents or method nominees shall at all times observe the code of application of any payments or credits upon its commitment to the Indebtedness; Customers and (x) any election by to comply with all the Agent and the Banks under Section 1111(b) requirement of the United States Bankruptcy Code. The Guarantor waives any KYC norms.
(m) To handover the original title deeds and all defenses documents pertaining to the security and discharges available belonging to a surety, guarantor or accommodation co-obligorthe borrower post repayment of the loan.
Appears in 1 contract
Samples: Mortgage Loan Agreement