Common use of Beneficiary’s Judicial Remedies Clause in Contracts

Beneficiary’s Judicial Remedies. Beneficiary, or Trustee, upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the Liabilities and the performance and discharge of the Liabilities in accordance with the terms hereof, of the Credit Agreement and the Other Documents, to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to Beneficiary with respect to the Credit Agreement or the Other Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available nonjudicial remedy of Beneficiary.

Appears in 4 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Radnor Holdings Corp), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Radnor Holdings Corp), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Radnor Holdings Corp)

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Beneficiary’s Judicial Remedies. Beneficiary, or Trustee, upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the Liabilities and the performance and discharge of the Liabilities in accordance with the terms hereof, of the Credit Agreement Indenture and the Other Documents, to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to Beneficiary with respect to the Credit Agreement Indenture or the Other Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available nonjudicial remedy of Beneficiary.

Appears in 4 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Styrochem U S LTD)

Beneficiary’s Judicial Remedies. Beneficiary, or Trustee, upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment and performance of the Liabilities Indebtedness and the performance and discharge of the Liabilities Obligations in accordance with the terms hereof, of the Credit Agreement Notes, and the Other other Loan Documents, to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Mortgaged Property, and to have all or any part of the Mortgaged Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to Beneficiary with respect to the Credit Agreement or the Other Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available nonjudicial remedy of Beneficiary.

Appears in 3 contracts

Samples: Credit Agreement (Powersecure International, Inc.), Term Credit Agreement (Powersecure International, Inc.), Credit Agreement (Powersecure International, Inc.)

Beneficiary’s Judicial Remedies. Beneficiary, or Trustee, upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the Liabilities Indebtedness and the performance and discharge of the Liabilities Obligations in accordance with the terms hereof, of the Credit Agreement Notes, and the Other other Loan Documents, to foreclose the liens and security interests of this Deed of Trust as against all or any part of the Mortgaged Property, and to have all or any part of the Mortgaged Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to the Beneficiary with respect to the Credit Agreement or the Other Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available nonjudicial remedy of the Beneficiary.

Appears in 2 contracts

Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Financing Statement (Rf Monolithics Inc /De/), Deed of Trust (Rf Monolithics Inc /De/)

Beneficiary’s Judicial Remedies. Beneficiary, or Trustee, upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the Liabilities Secured Obligations and the performance and discharge of the Liabilities Secured Obligations in accordance with the terms hereof, of the Credit Agreement Note, and the Other other Loan Documents, to foreclose the liens and security interests of this Deed of Trust Mortgage as against all or any part of the Property, and to have all or any part of the Property sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to the Beneficiary with respect to the Credit Agreement or the Other Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available nonjudicial remedy of the Beneficiary.

Appears in 1 contract

Samples: First Lien Deed of Trust, Security Agreement and Financing Statement (Wells Core Office Income Reit Inc)

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Beneficiary’s Judicial Remedies. Beneficiary, or Trustee, upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the Liabilities Secured Obligations and the performance and discharge of the Liabilities Secured Obligations in accordance with the terms hereof, of the Credit Agreement Note, and the Other other Loan Documents, to foreclose the liens and security interests of this Deed of Trust Security Instrument as against all or any part of the PropertyProject, and to have all or any part of the Property Project sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to the Beneficiary with respect to the Credit Agreement or the Other Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available nonjudicial remedy of the Beneficiary.

Appears in 1 contract

Samples: First Lien Deed of Trust, Security Agreement and Financing Statement (Wells Core Office Income Reit Inc)

Beneficiary’s Judicial Remedies. Beneficiary, or Trustee, upon written request of Beneficiary, may proceed by suit or suits, at law or in equity, to enforce the payment of the Liabilities and the payment, performance and discharge of the Liabilities Secured Obligations in accordance with the terms hereof, of the Credit Agreement Note, and the Other other Loan Documents, to foreclose the liens and security interests of this Deed of Trust as against all or any part of the PropertySubject Property and Collateral, and to have all or any part of the Subject Property and Collateral sold under the judgment or decree of a court of competent jurisdiction. This remedy shall be cumulative of any other nonjudicial remedies available to the Beneficiary with respect to the Credit Agreement or the Other Loan Documents. Proceeding with a request or receiving a judgment for legal relief shall not be or be deemed to be an election of remedies or bar any available nonjudicial remedy of the Beneficiary.

Appears in 1 contract

Samples: Deed of Trust (Intervoice Inc)

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