Foreclosure as to Matured Debt. Upon the occurrence of a Default, Mortgagee shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 11 contracts
Samples: Security Agreement (Cellteck Inc.), Loan Agreement and Secured Promissory Note (Cellteck Inc.), Assignment, Security Agreement and Fixture Filing (Cellteck Inc.)
Foreclosure as to Matured Debt. Upon the occurrence of a an Event of Default, Mortgagee Holder shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage County Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 5.2 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee Holder deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 5.2 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 4 contracts
Samples: After Recording, Loan Agreement, Loan Agreement
Foreclosure as to Matured Debt. Upon the occurrence of a Defaultdefault, Mortgagee Holder shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 5.2 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee Holder deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 5.2 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 4 contracts
Samples: And Security Agreement (American Medical Technologies Inc/De), Interline Resources Corp, Interline Resources Corp
Foreclosure as to Matured Debt. Upon the occurrence of a Default-------------------------------- default, Mortgagee Agent shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.7 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND AND THIRD of Section 5.3 3.4 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 3 contracts
Samples: St Mary Land & Exploration Co, St Mary Land & Exploration Co, St Mary Land & Exploration Co
Foreclosure as to Matured Debt. Upon the occurrence of a an Event of Default, Mortgagee Holder shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage Amended and Restated Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 5.2 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee Holder deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 5.2 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 2 contracts
Samples: Fund Loan Agreement, Loan Agreement
Foreclosure as to Matured Debt. Upon the occurrence of a Defaultdefault, Mortgagee Agent shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.7 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 3.4 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 2 contracts
Samples: Pacific Energy Resources LTD, Pacific Energy Resources LTD
Foreclosure as to Matured Debt. Upon the occurrence of a Defaultdefault, Mortgagee shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.6 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND and THIRD of Section 5.3 3.4 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 2 contracts
Samples: United States Exploration Inc, United States Exploration Inc
Foreclosure as to Matured Debt. Upon the occurrence and continuance of a Defaultdefault, Mortgagee Agent shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.6 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND THIRD of Section 5.3 4.6 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 2 contracts
Samples: Quest Resource Corp, Quest Resource Corp
Foreclosure as to Matured Debt. Upon the occurrence and during the continuance of a an Event of Default, Mortgagee shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and or security interests hereunder created or evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.6 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied or held as provided in clause SECOND of Section 5.3 hereof3.5. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 2 contracts
Samples: Secured Revolving Credit Agreement (Black Ridge Oil & Gas, Inc.), Secured Revolving Credit Agreement (Black Ridge Oil & Gas, Inc.)
Foreclosure as to Matured Debt. Upon the occurrence of a Defaultdefault, Mortgagee Agent shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.7 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 3.2 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 1 contract
Samples: Pacific Energy Resources LTD
Foreclosure as to Matured Debt. Upon the occurrence of a Defaultdefault, Mortgagee Beneficiary shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder created or evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage Instrument shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.7 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied or held as provided in clause SECOND of Section 5.3 3.4 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 1 contract
Foreclosure as to Matured Debt. Upon the occurrence and during the continuation of a an Event of Default, Mortgagee the Beneficiary shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 4.3 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee the Beneficiary deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 4.3 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 1 contract
Samples: Security Agreement (Arabian American Development Co)
Foreclosure as to Matured Debt. Upon the occurrence and during the continuance of a an Event of Default, Mortgagee Noteholder shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.7 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND AND THIRD of Section 5.3 3.4 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.secured indebtedness. Section 4.11
Appears in 1 contract
Samples: Magellan Petroleum Corp /De/
Foreclosure as to Matured Debt. Upon the occurrence of a Defaultdefault, Mortgagee Holder shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness secured indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtednesssecured indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness secured indebtedness in such manner and order and to such extent as Mortgagee Holder deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 1 contract
Samples: Security Agreement and Financing Statement (Apartment Investment & Management Co)
Foreclosure as to Matured Debt. Upon the occurrence of a Default, Mortgagee Administrative Lender shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee Administrative Lender deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Lubys Inc)
Foreclosure as to Matured Debt. Upon the occurrence and during the continuance of a an Event of Default, Mortgagee Administrative Agent shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 5.2 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee Administrative Agent deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 5.2 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 1 contract
Samples: Blonder Tongue Laboratories Inc
Foreclosure as to Matured Debt. Upon the occurrence If an Event of a DefaultDefault occurs and is continuing, Mortgagee Grantee shall have the right to proceed with nonjudicial foreclosure (and judicial or nonjudicial) foreclosure of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee Grantee deems reasonably advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 1 contract
Samples: Triathlon Broadcasting Co
Foreclosure as to Matured Debt. Upon the occurrence of a an Event of Default, Mortgagee shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.5 except that the amount paid under clause FIRST clauses SECOND through FIFTH thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST through FIFTH (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND LAST of Section 5.3 4.5 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 1 contract
Samples: Credit Agreement (Targa Resources Investments Inc.)
Foreclosure as to Matured Debt. Upon the occurrence of a Defaultdefault, Mortgagee Beneficiary shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness secured indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtednesssecured indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness secured indebtedness in such manner and order and to such extent as Mortgagee Beneficiary deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND THIRD of Section 5.3 hereof5.3. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 1 contract
Foreclosure as to Matured Debt. Upon the occurrence of a Default, Mortgagee Holder shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 5.2 hereof except that the amount paid under clause Clause FIRST thereof shall be only the matured portion of the Secured Indebtedness and any proceeds of such sale in excess of those provided for in clause Clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee Holder deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 5.2 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.
Appears in 1 contract
Samples: FelCor Lodging Trust Inc
Foreclosure as to Matured Debt. Upon the occurrence of a Defaultdefault, Mortgagee Agent shall have the right to proceed with foreclosure (judicial or nonjudicialnon-judicial) of the liens and security interests hereunder without declaring the entire Secured Indebtedness secured indebtedness due, and in such event any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtednesssecured indebtedness; and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section SECTION 5.3 hereof except that the amount paid under clause FIRST thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause FIRST (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness secured indebtedness in such manner and order and to such extent as Mortgagee Agent deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND of Section 5.3 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtedness.the
Appears in 1 contract
Samples: Packaged Ice Inc
Foreclosure as to Matured Debt. Upon the occurrence of a an Event of Default, Mortgagee Collateral Agent shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.6 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, shall be applied as provided in clause SECOND AND THIRD of Section 5.3 4.6 hereof. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 1 contract
Samples: Intercreditor Agreement (Targa Resources Partners LP)
Foreclosure as to Matured Debt. Upon the occurrence and during the continuance of a Defaultdefault, Mortgagee Holder shall have the right to proceed with foreclosure (judicial or nonjudicial) of the liens and and/or security interests hereunder evidenced hereby without declaring the entire Secured Indebtedness secured indebtedness due, and in such event event, any such foreclosure sale may be made subject to the unmatured part of the Secured Indebtedness; secured indebtedness and any such sale shall not in any manner affect the unmatured part of the Secured Indebtednesssecured indebtedness, but as to such unmatured part part, this Mortgage shall remain in full force and effect just as though no sale had been made. The proceeds of such sale shall be applied as provided in Section 5.3 hereof 4.7 except that the amount paid under clause FIRST SECOND thereof shall be only the matured portion of the Secured Indebtedness secured indebtedness and any proceeds of such sale in excess of those provided for in clause clauses FIRST and SECOND (modified as provided above) shall be applied to the prepayment (without penalty) of any other Secured Indebtedness in such manner and order and to such extent as Mortgagee deems advisable, and the remainder, if any, Holder shall be applied as provided in clause SECOND of Section 5.3 hereofdetermine. Several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Secured Indebtednesssecured indebtedness.
Appears in 1 contract
Samples: Hyperdynamics Corp