Default Remedies. Upon the occurrence and the continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements and the presentment of Property at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 3 contracts
Samples: Security Agreement (Allied Corp.), Security Agreement (Allied Corp.), Security Agreement (Allied Corp.)
Default Remedies. Upon the occurrence and during the continuance continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to timetime after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or or, at Secured Party’s option, following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale are hereby waivedwaived except to the extent reasonably necessary to conduct a commercially reasonable sale. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty days’ ten (10) days prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 3 contracts
Samples: Credit Agreement (Doral Energy Corp.), Security Agreement (Kentucky USA Energy, Inc.), Security Agreement (Doral Energy Corp.)
Default Remedies. Upon the occurrence happening and during the continuance of any Event of DefaultDefault specified in Section 5.2 hereof, Secured Party may then, or at any time thereafter and from time to time, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty five (5) business days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party Party, which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party. Notwithstanding any provision or requirement herein to the contrary, compliance by the Secured Party with the minimum requirements of the Code in the exercise of the remedies under the Code afforded a secured party after default, shall be deemed compliance with the terms of this Security Agreement, and the Debtor and Secured Party agree that the parties intend that the Secured Party have, and is hereby granted, each of the remedies conferred by the Code on a secured party after default to the same extent as if set forth herein.
Appears in 2 contracts
Samples: Security Agreement (Reef Oil & Gas Drilling & Income Fund, L.P.), Security Agreement (Reef Oil & Gas Income & Development Fund III LP)
Default Remedies. Upon If all or any part of the occurrence Secured Obligations shall become due and payable as specified in the continuance of any Event of DefaultNote or other instrument creating the Obligations, Secured Party may then, or at any time thereafter thereafter, take possession of the Collateral with or without judicial process and from time to time, apply, set-off, collect, sell in one or more sales, lease, license or otherwise dispose of, any or all of the Collateral, in its then then-condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any . Any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or other property, or upon credit or for future delivery, at such price as Secured Party may deem fair, fair and Secured Party may disclaim any warranties of title or fitness in connection therewith. Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Company or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. If Secured Party receives non-cash proceeds from the disposition of any Collateral, the Secured Party may either value the noncash proceeds and apply such value to the Secured Obligations, or may dispose of the noncash proceeds, as Collateral, until the noncash proceeds have been converted to cash for application to the Secured Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale sale, are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby Company agrees that twenty days’ ten (10) days prior written notice shall constitute reasonable notice. Secured Party may require Debtor Company to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and DebtorCompany. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party. The Collateral need not be present at any such sale.
Appears in 2 contracts
Samples: Security Agreement (Vincera, Inc.), Security Agreement (Vincera, Inc.)
Default Remedies. Upon the occurrence and the continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right name free from any claim of Debtor the Debtors or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements and the presentment of Property at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor the Debtors hereby agrees that twenty ten (10) days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor the Debtors to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtorthe Debtors. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 1 contract
Default Remedies. Upon the occurrence and during the continuance continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to timetime after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or or, at Secured Party’s option, following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale are hereby waivedwaived except to the extent reasonably necessary to conduct a commercially reasonable sale. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor Debtors hereby agrees that twenty days’ agree ten (10) days prior written notice shall constitute reasonable notice. Upon the occurrence and during the continuation of any Event of Default, Secured Party may require Debtor Debtors to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and DebtorDebtors. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 1 contract
Default Remedies. Upon If all or any part of the occurrence Obligation shall become due and payable as specified in Section 5.02, the continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to timethereafter, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially commercial reasonable preparation or processing, in such order as the Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ ' board or securities exchange, either for cash or upon credit or for future delivery, at such price as the Secured Party may deem fair, and the Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Guarantor or right of redemption. No such purchase or holding by the Secured Party shall be deemed a retention by the Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Uniform Commercial Code or other law requires the Secured Party 8 to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty five days’ ' prior written notice shall constitute reasonable notice. The Secured Party may require Debtor Guarantor to assemble the Collateral Collateral, to the extent not in the possession of the Secured Party, and make it available to the Secured Party at a place designated by the Secured Party which that is reasonably convenient to the Secured Party and DebtorParty. Any sale hereunder may be conducted by an auctioneer or any officer or agent of the Secured Party. In connection with the sale of Collateral which is stock or other investment securities, in the absence of registration of the Securities under the Securities act of 1933, as amended (the "Act"), and any applicable state securities laws, by Guarantor or, at the election of the Secured Party, the Secured Party must limit prospective purchasers to the extent deemed necessary or advisable by the Secured Party to render such sale exempt from the registration requirements of the Act, and any applicable state securities laws, and no sale so made in good faith by the Secured Party shall be deemed not to be "commercially reasonable" because so made.
Appears in 1 contract
Default Remedies. Upon the occurrence and the continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ ' board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements and the presentment of Property at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty days’ ' prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 1 contract
Default Remedies. Upon the occurrence and during the continuance continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to timetime after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or or, at Secured Party’s option, following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Debtors or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale are hereby waivedwaived except to the extent reasonably necessary to conduct a commercially reasonable sale. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor Debtors hereby agrees agree that twenty days’ ten (10) days prior written notice shall constitute reasonable notice. Upon the occurrence and during the continuation of any Event of Default, Secured Party may require Debtor Debtors to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and DebtorDebtors. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 1 contract
Default Remedies. (a) Notwithstanding any provision of any document or instrument evidencing or relating to any Liability:
(i) upon the occurrence and during the continuance of any Event of Default specified in Section 9(a)-(k), Secured Party at its ---------------- option may declare the Liabilities immediately due and payable without notice or demand of any kind; and (ii) upon the occurrence of any Event of Default specified in Section 9(l)-(m), the Liabilities shall be immediately and ---------------- automatically due and payable without action of any kind on the part of Secured Party. Upon the occurrence and during the continuance of any Event of Default, Secured Party may exercise any rights and remedies under this Agreement, any related document or instrument (including without limitation any pertaining to Collateral), and at law or in equity.
(b) If any Event of Default shall have occurred and be continuing, then, or at in addition to having the right to exercise any time thereafter rights and from time to timeremedies of a secured party upon default under the Uniform Commercial Code in effect in the State where the main banking office of Secured Party and/or any Collateral is located, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the CollateralSecured Party may, in its then condition sole discretion, exercise any rights or following any commercially reasonable preparation or processing, powers set forth in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements and the presentment of Property at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty days’ prior written notice shall constitute reasonable noticethis Agreement. Secured Party may require Debtor to assemble the Collateral and make deliver it available to Secured Party at a place designated by Secured Party. Without limiting any other provision hereof, Debtor shall pay all related expenses, including without limitation attorneys' fees and reasonable time charges of attorneys of Secured Party in enforcing its rights hereunder. If any notification of intended disposition of any of the Collateral is required by law, such notification, if mailed, shall be deemed reasonably and properly given if mailed at least ten days before such disposition, by certified mail, postage prepaid, addressed to Debtor at the address of Debtor shown below. Secured Party shall, in addition to and not in limitation of all rights of offset under applicable law, have the right to appropriate and apply all of the Collateral in its possession to payment of the Liabilities. Secured Party may proceed to sell or otherwise dispose of the Collateral at public or private sale for cash or credit; provided, however, that Debtor shall be credited with proceeds of such sale only when the proceeds are actually received by Secured Party. Any proceeds of the Collateral may be applied by Secured Party to the payment of expenses and costs to exercise of Secured Party's rights hereunder, and any balance of such proceeds shall be applied toward the Liabilities in such order as Secured Party shall determine in its sole discretion. Any balance remaining shall be returned to Debtor.
(c) Secured Party may, by written notice to Debtor, at any time and from time to time, waive any Event of Default or "Unmatured Event of Default" (as -------------------------- defined below), which is reasonably convenient shall be for such period and subject to such conditions as shall be specified in any such notice. In the case of any such waiver, Secured Party and DebtorDebtor shall be restored to their former position and rights hereunder, and any Event of Default or Unmatured Event of Default so waived shall be deemed to be cured and not continuing; but no such waiver shall extend to or impair any subsequent or other Event of Default or Unmatured Event of Default. Any sale hereunder may be conducted by an auctioneer or any officer or agent No failure to exercise, and no delay in exercising, on the part of Secured PartyParty of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies of Secured Party herein provided are cumulative and not exclusive of any rights or remedies provided by law. "Unmatured Event of Default" means any event or condition which would become an Event of Default with notice or the passage of time or both.
Appears in 1 contract
Samples: Security Agreement (Onepoint Communications Corp /De)
Default Remedies. Upon Subject to Article VI hereof, and upon the occurrence happening and during the continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ ' board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Subordinated Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty ten days’ ' prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 1 contract
Default Remedies. Upon If all or any part of the occurrence Obligations shall become due and payable, as specified in Paragraph 9 hereof, the continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to timethereafter, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as the Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ ' board or securities exchange, either for cash or upon credit or for future delivery, at such price as the Secured Party may deem fair, and the Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of the Debtor or right of redemption. No such purchase or holding by the Secured Party shall be deemed a retention by the Secured Party in satisfaction of the Secured Obligations. All demandsadvertisements, notices and advertisements and the presentment of Property property at sale sale, are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Uniform Commercial Code or other law requires the Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty five (5) days’ ' prior written notice shall constitute reasonable notice. The Secured Party may require the Debtor to assemble any Collateral not in the Collateral Secured Party's possession and make it available to the Secured Party at a place designated by the Secured Party which is reasonably convenient to the Secured Party and DebtorParty. Any sale hereunder may be conducted by an auctioneer or any officer or agent of the Secured Party. In addition to any and all remedies provided herein, or in any of the documents or instruments executed in favor of the Secured Party, the Secured Party shall have and possess all of the rights and remedies of a secured party under the Uniform Commercial Code as in effect in the State of California.
Appears in 1 contract
Samples: Stock Pledge Agreement (Miravant Medical Technologies)
Default Remedies. Upon the occurrence and the continuance happening of any Event of Default----------------- Default specified in Section 4.03 hereof and before the cure thereof, Secured Party may thendeclare all or any part of the Obligations immediately due, payable and performable, without demand, notice of intention to accelerate, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor, or at any time thereafter other notice whatsoever, all of which are waived by Debtor, and from time to time, apply, set-set off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ ' board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such Such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Obligations. Secured ObligationsParty may enter upon Debtor's premises to take possession of, assemble and collect the Collateral and/or Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. All demands, notices and advertisements advertisements, and the presentment of Property property at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty five days’ ' prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured PartyParty and it shall not be necessary that the Collateral or any part thereof be present at the location of such sale. In addition to the foregoing, Secured Party may, upon the occurrence of any Event of Default, exercise any rights or remedies permitted under the Code or as may otherwise be available to Secured Party under any applicable law or in equity.
Appears in 1 contract
Default Remedies. Upon the occurrence and during the continuance continuation of any Event of Default, Secured Party may then, or at any time thereafter during such continuation and from time to timetime after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or or, at Secured Party’s option, following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale are hereby waivedwaived except to the extent reasonably necessary to conduct a commercially reasonable sale. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty days’ ten (10) days prior written notice shall constitute reasonable notice. Upon the occurrence and during the continuation of any Event of Default, Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 1 contract
Default Remedies. Upon the occurrence and during the continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Debtors or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured ObligationsIndebtedness. All demands, notices and advertisements advertisements, and the presentment of Property Assets at sale are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor Debtors hereby agrees agree that twenty calendar days’ prior written notice shall constitute commercially reasonable notice. Secured Party may require Debtor Debtors to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and DebtorParty. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 1 contract
Default Remedies. Upon If all or any part of the Indebtedness shall become due and payable as specified in Section 5.03 hereof following the occurrence and during the continuance continuation of any an Event of Default, Secured Party may then, or at any time thereafter and from time to time, apply, set-set off, collect, sell in one or more sales, lease, lease or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may reasonably deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured ObligationsIndebtedness. All demands, notices and advertisements advertisements, and the presentment of Property property at sale sale, are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty TEN (10) days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
Appears in 1 contract
Default Remedies. Upon the occurrence happening and during the continuance of any Event of DefaultDefault specified in Section 5.2 hereof, Secured Party may then, or at any time thereafter and from time to time, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements advertisements, and the presentment of Property property at sale sale, are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty five (5) days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party Party, which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
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Default Remedies. Upon If all or any part of the occurrence Indebtedness shall become due and the continuance of any Event of Defaultpayable as specified in Section 5.03 hereof, Secured Party may then, or at any time thereafter and from time to time, apply, set-set off, collect, sell in one or more sales, lease, lease or otherwise dispose of, any or all of the Collateral, in its then condition or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured ObligationsIndebtedness. All demands, notices and advertisements advertisements, and the presentment of Property property at sale sale, are hereby waived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees that twenty days’ five (5) days prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.
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