Common use of Beneficiary's Power of Enforcement Clause in Contracts

Beneficiary's Power of Enforcement. (a) If an Event of Default occurs, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default and demand for sale and written Notice of Breach and Election to Sell (NRS 107.080(3)) (or other statutory notice) to cause the Trust Estate to be sold to satisfy the obligations hereof, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 3 contracts

Samples: Credit Agreement (Wynn Resorts LTD), Wynn Las Vegas LLC, Leases and Security Agreement (Grand Canal Shops Mall Construction LLC)

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Beneficiary's Power of Enforcement. (a) 3.4.1 If an Event of Default occursoccurs and is continuing, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default such Event of Default and demand for sale and written Notice notice of Breach breach and Election election to Sell (NRS 107.080(3)) sell (or other statutory notice) to cause the Trust Estate Mortgaged Property to be sold to satisfy the secured obligations hereof, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 2 contracts

Samples: Security Agreement (Fulcrum Bioenergy Inc), Security Agreement (Fulcrum Bioenergy Inc)

Beneficiary's Power of Enforcement. (a) If 3.4.1 Upon the occurrence and during the continuation of an Event of Default occursDefault, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default and demand for sale and written Notice notice of Breach breach and Election election to Sell (NRS 107.080(3)) sell (or other statutory notice) to cause the Trust Estate to be sold to satisfy the obligations hereofSecured Obligations, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 2 contracts

Samples: Osullivan Industries Inc, Osullivan Industries Inc

Beneficiary's Power of Enforcement. (a) If an Event of Default occurs, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default and demand for sale and written Notice of Breach and Election to Sell (NRS 107.080(3)) (or other statutory notice) to cause the Trust Estate to be sold to satisfy the obligations hereof, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 2 contracts

Samples: Fixture Filing and Security Agreement (Riviera Holdings Corp), Subordination Agreement (Calpine Corp)

Beneficiary's Power of Enforcement. (a) If 3.4.1 Upon the occurrence and during the continuation of an Event of Default occursDefault, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default and demand for sale and written Notice notice of Breach breach and Election election to Sell (NRS 107.080(3)) sell (or other statutory notice) to cause the Trust Estate to be sold to satisfy the obligations hereofthen outstanding Secured Obligations, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 1 contract

Samples: Osullivan Industries Inc

Beneficiary's Power of Enforcement. (a) i. If an Event of Default occurs, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default and demand for sale and written Notice of Breach and Election to Sell (NRS 107.080(3)) (or other statutory notice) to cause the Trust Estate to be sold to satisfy the obligations hereof, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (Aladdin Capital Corp)

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Beneficiary's Power of Enforcement. (a) If an Event of Default occurs, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default and demand for sale and written Notice of Breach and Election to Sell (NRS 107.080(3)) (or other statutory notice) to cause the Trust Estate to be sold to satisfy the obligations hereof, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 1 contract

Samples: Leases and Security Agreement (Grand Canal Shops Mall Construction LLC)

Beneficiary's Power of Enforcement. (a) If an Event of Default occursoccurs and is continuing, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default and demand for sale and written Notice of Breach and Election to Sell (NRS 107.080(3)) (or other statutory notice) to cause the Trust Estate to be sold to satisfy the obligations hereof, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 1 contract

Samples: Security Agreement (Calpine Corp)

Beneficiary's Power of Enforcement. (a) If Following an Event of Default occursand the expiration of any applicable cure or grace period, Beneficiary shall be entitled, at its option and in its sole and absolute discretion, to prepare and record on its own behalf, or to deliver to Trustee for recording, if appropriate, written declaration of default and demand for sale and written Notice of Breach and Election to Sell (NRS 107.080(3)) (or other statutory notice) to cause the Trust Estate to be sold to satisfy the obligations hereof, and in the case of delivery to Trustee, Trustee shall cause said notice to be filed for record.

Appears in 1 contract

Samples: Lease Agreement (Showboat Inc)

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