Foreclosure of Security Interest. In addition to all other remedies described or referenced in this Mortgage, the Mortgagee, at its sole subjective discretion, may have all or any part of the Collateral combined with the Real Property covered hereby and sold together with such Real Property as an entirety at any foreclosure sale, or the Mortgagee, at its option, may proceed solely or separately against the Collateral or any part thereof and have the same sold separately as provided by the Uniform Commercial Code of the State of New Mexico, either in one parcel or in such parcels, manner or order as the Mortgagee, in its sole subjective discretion, may elect; the Mortgagee shall have the right to take immediate and exclusive possession of the Collateral or any part thereof and for that purpose may, with or without judicial process, enter upon any premises on which the Collateral or any part thereof may be situated and remove the same therefrom; the Mortgagee shall be entitled to hold, maintain, preserve and prepare the Collateral for sale until disposed of, or may propose to retain the Collateral subject to Mortgagor’s right of redemption in partial or total satisfaction of the Mortgagor’s obligations as provided in the Uniform Commercial Code of the State of New Mexico; Mortgagee without removal may render the Collateral unusable and dispose of the Collateral on the Mortgagor’s premises; Mortgagee may require the Mortgagor to assemble the Collateral and make it available to Mortgagee for its possession at a place to be designated by Mortgagee which is reasonably convenient to both parties; unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Mortgagee shall give the Mortgagor at least ten (10) days’ notice of the time and place of any public sale of any Collateral or of the time after which any private sale or other intended disposition thereof is to be made, by United States registered or certified mail, postage prepaid, addressed to the Mortgagor at the address provided in this Mortgage, which provisions for notice the Mortgagor and Mortgagee agree are reasonable; Mortgagee may buy all or part of the Collateral at any public sale, and if the Collateral is of a type which is subject to widely distributed standard price quotations, Mortgagee may buy at private sale; and further, the Mortgagee shall have all of the rights and remedies of a Secured Party under the Uniform Commercial Code of the State of New...
Foreclosure of Security Interest. If an Event of Default exists, Agent may elect, in addition to exercising any and all other rights and remedies set forth in Article VI or referred to in Section 7.3 or Article VII hereof, to proceed in the manner set forth in Article 9 of the Uniform Commercial Code as adopted in New York, relating to the procedure to be followed when a Security Agreement covers both real and personal property.
Foreclosure of Security Interest. If an Event of Default shall occur, Beneficiary may elect, in addition to exercising any and all other rights, remedies and recourses set forth in Article 6 or referred to in Paragraph 9.2 hereinabove, to proceed in the manner set forth in Section 9.604 of Chapter 9 of the Texas Business and Commerce Code relating to the procedure to be followed when a security agreement covers both real and personal property. Except as otherwise set forth in this Paragraph, at any foreclosure and sale as described in Paragraph 6.1(d) hereinabove, it shall be deemed that the Trustee proceeded under such Section 9.604 as to the Fixtures, and that such sale passed title to all of the Mortgaged Property and other property described herein to the purchaser thereat, including without limitation the Fixtures. Beneficiary, acting by and through the Trustee or any other representative, may elect either prior to or at such sale not to proceed under such Section 9.604 by notifying Grantor of the manner in which Beneficiary intends to proceed with regard to the Fixtures.
Foreclosure of Security Interest. If an Event of Default shall occur, Lender may elect, in addition to exercising any and all other rights, remedies and recourses set forth in Article VI or referred to in Paragraph 7.3 hereinabove or Article VIII hereinbelow, to proceed in, the manner set forth in Article 9, Section 501 of the Uniform Commercial Code of Georgia, relating the procedure to be followed when a Security Agreement covers both real and personal property.
Foreclosure of Security Interest. To secure the obligations -------------------------------- of the Members to make Deferred Capital Contributions, each Member expressly grants the LLC a personal property security lien upon the interest of each Member. If a Member is in Payment Default for fifteen (15) days and does not cure such Payment Default by payment of the full amount of the Capital Contribution which is due plus accrued interest before the end of the fifteen (15) day period, the LLC shall have the right on ten (10) days written notice to foreclose the lien and have the interest of the defaulting Member sold at a public or private sale, at the election of the LLC, the foreclosure and sale to be conducted in accordance with the applicable provisions of the Uniform Commercial Code of the State of Missouri pertaining to the foreclosure of a personal property security lien; provided, however, that the remedy provided by this Section 2.6.4 shall be pursued only after the remedy provided by Section 2.6.3 has been exhausted without Replacement Members purchasing one-hundred percent (100%) of the defaulting Member's interest. Each Member acknowledges that it will not be feasible to have a public sale for various reasons, including required compliance with provisions concerning registration, qualification or compliance with, the Securities Act of 1933, any successor statute thereto, or the rules and regulations of the Securities and Exchange Commission promulgated thereunder, or in any other applicable securities law or any rule or regulation promulgated thereunder. The Members, therefore, consent and agree that the Ownership Interest(s) may be sold in one or more private sales to a restricted group of purchasers who may be obliged to agree, among other things, to acquire such Ownership Interest(s) for their own account for investment and not with the view to the distribution or resale thereof, and each Member acknowledges that any such private sale may be at prices and on other terms less favorable to the defaulting Member than if such Ownership Interest were sold at a public sale. Each Member agrees that any private sales made under the foregoing circumstances shall be deemed to have been made in a commercially reasonable manner under the Uniform Commercial Code as enforced in the State of Missouri or any other jurisdiction.
Foreclosure of Security Interest. The Lender shall have all the rights given to it under Chapter 679 of the Florida Statutes and other applicable law. The Lender may take possession of the Collateral after the occurrence of an Event of Default and dispose for the Collateral either by public or private proceedings and by one or more contracts.
Foreclosure of Security Interest. If an Event of Default shall occur and remain outstanding, Mortgagee may elect, in addition to exercising any and all other rights, remedies and recourses set forth in Section 3.2, to proceed in the manner set forth in the Uniform Commercial Code, relating to the procedure to be followed when a security agreement covers both real and personal property.
Foreclosure of Security Interest. In the event Customer fails to make any payment due to MSP hereunder, MSP shall be entitled to foreclose on the security interest in any and all Equipment delivered to Customer hereunder and to immediately reclaim possession of all such Equipment from Customer’s premises, whether such Equipment has been installed or not, and without the need for a formal legal proceeding. Customer hereby waives notice and agrees to MSP’s repossession of any such Equipment in the event Customer defaults in payment hereunder. Customer understands and agrees that in the event MSP must foreclose on the security interest granted herein, Customer may lose information that is proprietary and otherwise, files, programs and other computer records maintained or stored by Customer on said Equipment and that MSP shall not be responsible for any such losses or damage to Customer’s records, information, files or programs that occurs as a result of MSP’s foreclosure of the security interest granted herein. The fact that Customer has stored any proprietary or confidential information on any Equipment subject to the security interest granted herein, shall not in any regard preclude, limit or restrict MSP’s right to foreclose and reclaim possession of Equipment hereunder. Customer agrees that any information or records Customer loads, maintains or stores on Equipment subject to the security interest granted herein, is so loaded, stored and maintained subject to repossession of the Equipment and at Customer’s sole risk. MSP shall have the right to enter upon Customer’s premises to re-take possession of any Equipment subject to foreclosure hereunder.
Foreclosure of Security Interest. Following a breach -------------------------------- and failure to cure by Buyer as described in Section 7.14.2 above, Seller may proceed with the foreclosure of its security interests under the Subordinated Security Agreement and related documents.
Foreclosure of Security Interest. If a Credit Agreement Event of Default exists, Agent may elect, in addition to exercising any and all other rights and remedies set forth in Article VI or referred to in Section 7.3 or Article VIII hereof, to proceed in the manner set forth in Article 9 of the Uniform Commercial Code as adopted in the state where the Property is located, relating to the procedure to be followed when a Security Agreement covers both real and personal property.
