Enforcement of Security Interest. If the Customer defaults in the timely performance of any obligation owed to the Supplier, the Supplier may enforce the Security Interest by exercising all or any of its rights under these conditions of sale, the general law and the PPSA. To the extent that Chapter 4 of the PPSA would otherwise apply to an enforcement by the Supplier of the Security Interest, the Customer and the Supplier agree that the following provisions of the PPSA do not apply: (i) to the extent that s 115(1) of the PPSA allows them to be excluded: ss 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 138B(4), 142 and 143; and (ii) in addition, to the extent that section 115(7) of the PPSA allows them to be excluded: ss 127, 129(2) and (3), 132, 134(2), 135, 136(5) and 137.
Enforcement of Security Interest. In the event of uncured breach by Recipient, the Trust shall be entitled to exercise any rights or remedies under any Security Agreement or Collateral Assignment it may have to secure Recipient’s performance of this Agreement.
Enforcement of Security Interest. Upon the occurrence of Event of Default and during its continuance, the Lender or its nominees may, without further authority and without prejudice to its other rights under any Law(s) and under or pursuant to this Agreement and after providing notice, enforce any or all of the Security, at the cost of the Borrower, and may apply the net proceeds of such enforcement towards the payment of the outstanding amounts in accordance with the Agreement. The Lender may also enforce the Security provided by the Borrower, for any other facility availed by the Borrower from the Lender. However, if the enforcement of Security does not cover the full amount of the Financial Indebtedness of the Borrower, the Borrower agrees to pay to the Lender forthwith at the Lender’s demand such amount as will make up the shortfall. The Borrower hereby agrees to accept as conclusive proof of the correctness of any sum claimed by the Lender to be due from the Borrower in respect of the Facility. In any legal action or proceedings arising out of or in connection with this Agreement, any entry made by the Lender in its books or a statement of account purporting to show an Outstanding Amounts due under this Agreement and signed as correct by the duly authorized officer of the Lender shall be the conclusive evidence of the amount so due and shall be binding on the Borrower. The Lender on occurrence of any Event of Default shall apply and/or appropriate and/or set off any credit balance standing upon any account of the Borrower with the Lender towards satisfaction of any sum (whether of principal, interest or otherwise) due to the Lender hereunder from the Borrower.
Enforcement of Security Interest. 3.1. The Subordinating Creditor shall have no right to take any action with respect to its Secondary Collateral, whether by judicial or non-judicial foreclosure, recordation or enforcement of mechanics liens, notification to the Debtor's account debtors, the seeking of the appointment of a receiver for any portion of the Debtor's assets, setoff, or otherwise, unless and until all Senior Creditor Obligations have been fully and indefeasibly paid.
Enforcement of Security Interest. (1) The Customer undertakes to:
Enforcement of Security Interest. The Security Interest shall become and be immediately enforceable at any time that an Event of Default shall have occurred and be continuing.
Enforcement of Security Interest. (a) In the event of any default in the payment of Instalments, violation of the terms and conditions of this Agreement, the Bank shall be at liberty to take all or any of the legal action before all the forums and also enforce the security interest created by the Borrower(s) by invoking the provisions including but not limited to the provisions under the SARFAESI Act applicable in respect of the Non-Performing Asset.
(b) The Borrower(s) and Co-Borrower(s) expressly recognize and agree that the Bank shall be absolutely entitled and have full power and authority to sell, assign or transfer in any manner, in whole or in part, and in such manner and on such terms as the Bank may decide, to any third party of the Bank’s choice without reference to or without written intimation to the Borrower(s) and Co-Borrower(s). This includes reserving the right of the Bank to retain its power hereunder to proceed against the Borrower(s) and Co – Borrower(s) on behalf of the purchaser, assignee or transferee, for any or all outstanding dues payable by the Borrower(s). Any such action and any such sale, assignment or transfer shall bind the Borrower(s) and Co-Borrower(s) to accept such third party as creditor exclusively or as a joint creditor with the Bank, or as creditor exclusively with the right to the Bank to continue and exercise all powers hereunder on behalf of such third party and to pay over such outstanding amounts and dues to such third party and/or to the Bank as the Bank may direct. The Borrower(s) and Co-Borrower(s) acknowledge and undertake to pay to third parties the difference between the total loan amount and the amount received by the Bank. In the event of such transfer of the portfolio to a third party, the third party shall have authority of the Bank to collect the due amounts.
Enforcement of Security Interest. (a) To the extent the law permits, Arrow VD need not comply with, and the Customer may not exercise rights under, any provisions of Chapter 4 of the PPSA that may be contracted out of.
Enforcement of Security Interest. (i) Upon the occurrence of Event of Default and during its continuance, the Lender or its nominees may, without further authority and without prejudice to its other rights under any Law(s) and under or pursuant to this Agreement and after providing notice, enforce any or all of the Security, at the cost of the Borrower, and may apply the net proceeds of such enforcement towards the payment of the Outstanding Amounts in accordance with the Agreement. The enforcement of Security shall not discharge or relieve the Borrower of its obligations to the Lender under this Agreement, and shall be without prejudice to any other right and/or remedy that the Lender may have at equity or in Law including right under SARFAESI Xxx 0000 or any other corresponding Law.
Enforcement of Security Interest. 15.1 In addition to, but without limiting, any other right or remedy the Manager has under the Agreement, any statute, regulation, by‐law or the common law, where:
