Foreclosure for Installments. To the extent allowed by applicable law, Mortgagee shall also have the option to proceed with foreclosure in satisfaction of any installments of the Obligations which have not been paid when due, either through the courts or otherwise, by non judicial power of sale in satisfaction of the matured but unpaid portion of the Obligations as if under a full foreclosure, conducting the sale as herein provided and without declaring the entire principal balance and accrued interest due. Such sale may be made subject to the unmatured portion of the Obligations, and any such sale shall not in any manner affect the unmatured portion of the Obligations, but as to such unmatured portion of the Obligations this Mortgage shall remain in full force and effect just as though no sale had been made hereunder. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Obligations, it being the intent and purpose hereof to provide for a foreclosure and sale of the security for any matured portion of the Obligations without exhausting the power to foreclose and sell the Mortgaged Property for any subsequently maturing portion of the Obligations.
Appears in 3 contracts
Samples: Intercreditor Agreement (Angiotech Pharmaceuticals Inc), Security Agreement and Fixture Filing (Ascendia Brands, Inc.), Ascendia Brands, Inc.
Foreclosure for Installments. To the extent allowed by applicable law, Mortgagee shall also have the option to proceed with foreclosure in satisfaction of any installments of the Obligations which have not been paid when due, either through the courts or otherwise, by non non-judicial power of sale in satisfaction of the matured but unpaid portion of the Obligations as if under a full foreclosure, conducting the sale as herein provided and without declaring the entire principal balance and accrued interest due. Such sale may be made subject to the unmatured portion of the Obligations, and any such sale shall not in any manner affect the unmatured portion of the Obligations, but as to such unmatured portion of the Obligations this Mortgage shall remain in full force and effect just as though no sale had been made hereunder. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Obligations, it being the intent and purpose hereof to provide for a foreclosure and sale of the security for any matured portion of the Obligations without exhausting the power to foreclose and sell the Mortgaged Property for any subsequently maturing portion of the Obligations.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Minrad International, Inc.), Financing Agreement (Lakes Entertainment Inc), Lakes Entertainment Inc
Foreclosure for Installments. To the extent allowed by applicable law, Mortgagee Beneficiary shall also have the option to proceed with foreclosure in satisfaction of any installments of the Obligations which have not been paid when due, due either through the courts or otherwise, by non judicial power of sale directing Trustee or his successors in trust to proceed with foreclosure in satisfaction of the matured but unpaid portion of the Obligations as if under a full foreclosure, conducting the sale as herein provided and without declaring the entire principal balance and accrued interest due. Such ; such sale may be made subject to the unmatured portion of the Obligations, and any such sale shall not in any manner affect the unmatured portion of the Obligations, but as to such unmatured portion of the Obligations this Mortgage Deed of Trust shall remain in full force and effect just as though no sale had been made hereunder. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Obligations, it being the intent and purpose hereof to provide for a foreclosure and sale of the security for any matured portion of the Obligations without exhausting the power to foreclose and sell the Mortgaged Deed of Trust Property for any subsequently maturing portion of the Obligations.
Appears in 1 contract
Samples: Option Agreement And
Foreclosure for Installments. To the extent allowed by applicable law, Mortgagee shall also have the option to proceed with foreclosure in satisfaction of any installments of the Obligations which have not been paid when due, either through the courts or otherwise, by non non-judicial power of sale foreclosure in satisfaction of the matured but unpaid portion of the Obligations as if under a full foreclosure, conducting the sale as herein provided and without declaring the entire principal balance and accrued interest due. Such sale may be made subject to the unmatured portion of the Obligations, and any such sale shall not in any manner affect the unmatured portion of the Obligations, but as to such unmatured portion of the Obligations this Mortgage shall remain in full force and effect just as though no sale had been made hereunder. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the Obligations, it being the intent and purpose hereof to provide for a foreclosure and sale of the security for any matured portion of the Obligations without exhausting the power to foreclose and sell the Mortgaged Property for any subsequently maturing portion of the Obligations.
Appears in 1 contract
Samples: Iron Age Corp
Foreclosure for Installments. To the extent allowed by applicable law, Mortgagee shall also have the option to proceed with foreclosure in satisfaction of any installments of the Obligations Indebtedness which have not been paid when due, due either through the courts or otherwise, by non judicial power of sale directing Trustee or his successors in trust to proceed with foreclosure in satisfaction of the matured but unpaid portion of the Obligations Indebtedness as if under a full foreclosure, conducting the sale as herein provided and without declaring the entire principal balance and accrued interest due. Such ; such sale may be made subject to the unmatured portion of the ObligationsIndebtedness, and any such sale shall not in any manner affect the unmatured portion of the ObligationsIndebtedness, but as to such unmatured portion of the Obligations Indebtedness this Mortgage shall remain in full force and effect just as though no sale had been made hereunder. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the ObligationsIndebtedness, it being the intent and purpose hereof to provide for a foreclosure and sale of the security for any matured portion of the Obligations Indebtedness without exhausting the power to foreclose and sell the Mortgaged Property for any subsequently maturing portion of the ObligationsIndebtedness.
Appears in 1 contract
Foreclosure for Installments. To the extent allowed by applicable law, The Mortgagee shall also have the option to proceed with foreclosure in satisfaction of any installments of the Obligations Indebtedness which have not been paid when due, due either through the courts or otherwise, by non judicial power of sale directing Mortgagee to proceed with foreclosure in satisfaction of the matured but unpaid portion of the Obligations Indebtedness as if under a full foreclosure, conducting the sale as herein provided and without declaring the entire principal balance and accrued interest due. Such ; such sale may be made subject to the unmatured portion of the ObligationsIndebtedness, and any such sale shall not in any manner affect the unmatured portion of the ObligationsIndebtedness, but as to such unmatured portion of the Obligations Indebtedness this Mortgage shall remain in full force and effect just as though no sale had been made hereunder. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the ObligationsIndebtedness, it being the intent and purpose hereof to provide for a foreclosure and sale of the security for any matured portion of the Obligations Indebtedness without exhausting the power to foreclose and sell the Mortgaged Property for any subsequently maturing portion of the ObligationsIndebtedness.
Appears in 1 contract
Samples: Eex Corp
Foreclosure for Installments. To the extent allowed by applicable law, Mortgagee shall also have the option to proceed with foreclosure in satisfaction of any installments of the Obligations Indebtedness which have not been paid when due, due either through the courts or otherwise, by non judicial power of sale directing Trustee or his successors in trust to proceed with foreclosure in satisfaction of the matured but unpaid portion of the Obligations Indebtedness as if under a full foreclosure, conducting the sale as herein provided and without declaring the entire principal balance and accrued interest due. Such ; such sale may be made subject to the unmatured portion of the ObligationsIndebtedness, and any such sale shall not in any manner affect the unmatured portion of the ObligationsIndebtedness, but as to such unmatured portion of the Obligations Indebtedness this Mortgage shall remain in full force and effect just as though no sale had been made hereunder. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the ObligationsIndebtedness, it being the intent and purpose hereof to provide for a foreclosure and sale of the security for any matured portion of the Obligations Indebtedness without exhausting the power to foreclose and sell the Mortgaged Mortgage Property for any subsequently maturing portion of the ObligationsIndebtedness.
Appears in 1 contract
Samples: Loan Agreement
Foreclosure for Installments. To the extent allowed by applicable law, Mortgagee shall also have the option to proceed with foreclosure in satisfaction of any installments of the Obligations Indebtedness which have not been paid when due, due either through the courts or otherwise, by non judicial power of sale directing Trustee or his successors in trust to proceed with foreclosure in satisfaction of the matured but unpaid portion of the Obligations Indebtedness as if under a full foreclosure, conducting the sale as herein provided and without declaring the entire principal balance and accrued interest due. Such ; such sale may be made subject to the unmatured portion of the ObligationsIndebtedness, and any such sale shall not in any manner affect the unmatured portion of the ObligationsIndebtedness, but as to such unmatured portion of the Obligations Indebtedness this Second Mortgage shall remain in full force and effect just as though no sale had been made hereunder. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured part of the ObligationsIndebtedness, it being the intent and purpose hereof to provide for a foreclosure and sale of the security for any matured portion of the Obligations Indebtedness without exhausting the power to foreclose and sell the Mortgaged Property for any subsequently maturing portion of the ObligationsIndebtedness.
Appears in 1 contract
Samples: Subordinated Credit Agreement (Brigham Exploration Co)