Exercise of Other Rights. Agent, on behalf of each Lender, shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue in its own name the maker of any defaulted Pledged Notes Receivabxx. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Loan Documents as Agent shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent in the Loan Documents. Agent shall also have the right to require Borrower to assemble any of the Collateral not in Agent's possession, at Borrower's expense, and make it available to Agent at a place to be determined by Agent which is reasonably convenient to both parties, and shall, on behalf of each Lender, have the right to take immediate possession of all of the Collateral, and may enter the Resort or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of Agent, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 2 contracts
Samples: Security and Agency Agreement (Silverleaf Resorts Inc), Loan, Security and Agency Agreement (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, on behalf of each Lender, Lender shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue in its own name the maker of any defaulted Pledged Notes Receivabxx. Agent Lender may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Loan Documents as Agent Lender shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent Lender in the Loan Documents. Agent Lender shall also have the right to require the Borrower to assemble any of the Collateral not in AgentLender's possession, at Borrower's expense, and make it available to Agent Lender at a place to be determined by Agent Lender which is reasonably convenient to both parties, and shall, on behalf of each Lender, Lender shall have the right to take immediate possession of all of the Collateral, and may enter the Resort or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of AgentLender, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 2 contracts
Samples: Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, Agent on behalf of each Lender, shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue xxx in its own name the maker of any defaulted Pledged Notes ReceivabxxReceivable. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws Applicable Laws or by the Loan Documents as Agent shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent in the Loan Documents. Agent shall also have the right to require Borrower to assemble any of the Collateral not in Agent's ’s possession, at Borrower's ’s expense, and make it available to Agent at a place to be determined by Agent which is reasonably convenient to both parties, and Agent shall, on behalf of each Lenderthe Lenders, have the right to take immediate possession of all of the Collateral, and may enter the Resort Resorts or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of Agent, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 2 contracts
Samples: Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, on behalf of each Lender, Lender shall have all the rights and remedies of a secured party under the Code UCC and other legal and equitable rights to which it may be entitled, pursuant to applicable law including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes ReceivableTimeshare Loans, and to apply such payments to the Obligations, and to sue xxx in its own name the maker of any defaulted Pledged Notes ReceivabxxTimeshare Loans. Agent Lender may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Inventory Loan Documents or the Loan Documents, as Agent Lender shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Inventory Loan Documents or the Loan Documents in their entirety, or in aid of the exercise of any right or remedy granted to Agent Lender in the Inventory Loan DocumentsDocuments or the Loan Documents in their entirety. Agent Lender shall also have the right to require the Borrower to assemble any of the Collateral not in Agent's Lender’s possession, at Borrower's ’s expense, and make it available to Agent Lender at a place to be determined by Agent Lender which is reasonably convenient to both parties, and shall, on behalf of each Lender, Lender shall have the right to take immediate possession of all of the Inventory Collateral, and may enter the Resort Club, any of the Resorts or any of the premises of Borrower or wherever the Inventory Collateral shall be located, with or without process of law wherever the Inventory Collateral may be, and, to the extent such premises are not the property of AgentLender, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral)sold.
Appears in 1 contract
Samples: Inventory Loan and Security Agreement (Diamond Resorts Parent, LLC)
Exercise of Other Rights. Agent, on behalf of each Lender, TFC shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to BorrowerSPV, the right to continue to collect all payments made on the Pledged Notes ReceivableReceivables, and to apply such payments to the ObligationsObligations and Parallel Claims, and to sue xxx in its own name the maker of any defaulted Pledged Notes ReceivabxxReceivables. Agent TFC may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Loan Documents as Agent TFC shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent TFC in the Loan Documents. Agent TFC shall also have the right to require Borrower SPV to assemble any of the Collateral not in AgentTFC's possession, at BorrowerSPV's expense, and make it available to Agent TFC at a place to be determined by Agent TFC which is reasonably convenient to both parties, and shall, on behalf of each Lender, TFC shall have the right to take immediate possession of all of the Collateral, and may enter the Resort Resorts or any of the premises of Borrower SPV or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of AgentTFC, to keep and store the same on said premises until sold (and if said premises be the property of BorrowerSPV, Borrower SPV agrees not to charge Agent or any Lender TFC for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, on behalf of each Lender, shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to the Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue in xx its own name the maker of any defaulted Pledged Notes ReceivabxxReceivable. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Loan Documents as Agent shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent in the Loan Documents. Agent shall also have the right to require the Borrower to assemble any of the Collateral not in Agent's possession, at Borrower's expense, and make it available to Agent at a place to be determined by Agent which is reasonably convenient to both parties, and shall, on behalf of each Lender, have the right to take immediate possession of all of the Collateral, and may enter the Resort or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of Agent, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 1 contract
Samples: Loan, Security and Agency Agreement (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, Agent on behalf of each Lender, shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue sxx in its own name the maker of any defaulted Pledged Notes ReceivabxxReceivable. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws Applicable Laws or by the Loan Documents as Agent shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent in the Loan Documents. Agent shall also have the right to require Borrower to assemble any of the Collateral not in Agent's possession, at Borrower's expense, and make it available to Agent at a place to be determined by Agent which is reasonably convenient to both parties, and Agent shall, on behalf of each Lenderthe Lenders, have the right to take immediate possession of all of the Collateral, and may enter the Resort Resorts or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of Agent, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 1 contract
Samples: Loan and Security Agreement (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, on behalf of each Lender, Lender shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue in its own name the maker of any defaulted Pledged Notes Receivabxx. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Loan Documents as Agent Lender shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent Lender in the Loan Documents. Agent Lender shall also have the right to require the Borrower to assemble any of the Collateral not in AgentLender's possession, at Borrower's expense, and make it available to Agent Lender at a place to be determined by Agent Lender which is reasonably convenient to both parties, and shall, on behalf of each Lender, Lender shall have the right to take immediate possession of all of the Collateral, and may enter the Resort Property or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of AgentLender, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 1 contract
Exercise of Other Rights. Agent, on behalf of each Lender, Lender shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, Receivable and to apply such payments to the Obligations, and to sue xxx in its own name the other maker of any defaulted Pledged Notes ReceivabxxNote Receivable. Agent Lender may also exercise any and all other rights or remedies afforded by any other applicable laws Applicable Laws or by the Loan Documents Documents, as Agent Lender shall deem appropriate, at law, in equity equity, or otherwise, including, including but not limited to, to the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent Lender in the Loan Documents. Agent Lender shall also have the right to require Borrower to assemble any of the Collateral not in AgentLender's possession, at Borrower's expense, and make it available to Agent Lender at a place to be determined by Agent which Lender that is reasonably convenient to both parties, and shall, on behalf of each Lender, Lender shall have the right to take immediate possession of all or any portion of the Collateral, Collateral and may enter the Resort Receivables Loan Approved Resorts or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of AgentLender, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety sixty (9060) days after sale or disposition of the Collateral).
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, on behalf of each Lender, shall have all the rights and remedies of a secured party under the Code Code, the Other Loan Documents and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue in its own name the maker of any defaulted Pledged Notes ReceivabxxReceivxxxe. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Loan Documents as Agent shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent in the Loan Documents. Agent shall also have the right to require Borrower to assemble any of the Collateral not in Agent's possession, at Borrower's expense, and make it available to Agent at a place to be determined by Agent which is reasonably convenient to both parties, and shall, on behalf of each Lender, have the right to take immediate possession of all of the Collateral, and may enter the Resort or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of Agent, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 1 contract
Exercise of Other Rights. Agent, on behalf of each Lender, shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue sxx in its own name the maker of any defaulted Pledged Notes ReceivabxxReceivable. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Loan Documents as Agent shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent in the Loan Documents. Agent shall also have the right to require Borrower to assemble any of the Collateral not in Agent's ’s possession, at Borrower's ’s expense, and make it available to Agent at a place to be determined by Agent which is reasonably convenient to both parties, and shall, on behalf of each Lender, have the right to take immediate possession of all of the Collateral, and may enter the Resort Resorts or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of Agent, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 1 contract
Samples: Loan, Security and Agency Agreement (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, on behalf of each Lender, Lender shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue in its own name the maker of any defaulted Pledged Notes Receivabxx. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws or by the Loan Documents as Agent Lender shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent Lender in the Loan Documents. Agent Lender shall also have the right to require Borrower to assemble any of the Collateral not in AgentLender's possession, at Borrower's expense, and make it available to Agent Lender at a place to be determined by Agent Lender which is reasonably convenient to both parties, and shall, on behalf of each Lender, Lender shall have the right to take immediate possession of all of the Collateral, and may enter the Resort Mortgaged Property or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of AgentLender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 1 contract
Samples: Construction Loan and Security Agreement (Bluegreen Corp)
Exercise of Other Rights. Agent, Agent on behalf of each Lender, Lender shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to sue in its own name the maker of any defaulted Pledged Notes Receivabxx. Agent may also exercise any and all other rights or remedies afforded by any other applicable laws Applicable Laws or by the Loan Documents as Agent shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent in the Loan Documents. Agent shall also have the right to require Borrower to assemble any of the Collateral not in Agent's ’s possession, at Borrower's ’s expense, and make it available to Agent at a place to be determined by Agent which is reasonably convenient to both parties, and Agent shall, on behalf of each Lenderthe Lenders, have the right to take immediate possession of all of the Collateral, and may enter the Resort or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of Agent, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety (90) days after sale or disposition of the Collateral).
Appears in 1 contract
Samples: Loan and Security Agreement Inventory (Silverleaf Resorts Inc)
Exercise of Other Rights. Agent, on behalf of each Lender, Lender shall have all the rights and remedies of a secured party under the Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to BorrowerBorrower or Guarantors, the right to continue to collect all payments made on the Pledged Notes Receivable, Receivable and to apply such payments to the Obligations, and to sue xxx in its own name the other maker of any defaulted Pledged Notes ReceivabxxNote Receivable. Agent Lender may also exercise any and all other rights or remedies afforded by any other applicable laws Applicable Laws or by the Loan Documents Documents, as Agent Lender shall deem appropriate, at law, in equity equity, or otherwise, including, including but not limited to, to the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in the Loan Documents or in aid of the exercise of any right or remedy granted to Agent Lender in the Loan Documents. Agent Lender shall also have the right to require Borrower to assemble any of the Collateral not in AgentLender's possession, at Borrower's expense, and make it available to Agent Lender at a place to be determined by Agent which Lender that is reasonably convenient to both parties, and shall, on behalf of each Lender, Lender shall have the right to take immediate possession of all or any portion of the Collateral, Collateral and may enter the Resort or any of the premises of Borrower or wherever the Collateral shall be located, with or without process of law wherever the Collateral may be, and, to the extent such premises are not the property of AgentLender, to keep and store the same on said premises until sold (and if said premises be the property of Borrower, Borrower agrees not to charge Agent or any Lender for use and occupancy, rent, or storage of the Collateral, for a period of at least ninety sixty (9060) days after sale or disposition of the Collateral).
Appears in 1 contract