Grantee's Power of Enforcement Sample Clauses

Grantee's Power of Enforcement. If a Trigger Event shall have occurred and be continuing and Grantee shall have received the written request from the Required Senior Parties required pursuant to SECTION 5.2(B) of the Collateral Agency Agreement, Grantee may and in accordance with the procedures prescribed, and to the extent permitted, by applicable law, either with or without entry or taking possession as hereinabove provided or otherwise, and without regard to whether or not the Secured Obligations shall be due and without prejudice to any other right of Grantee, proceed by any appropriate action or proceeding: (i) to institute proceedings for the complete or partial foreclosure of this Security Deed and to sell, at one or more sales as an entirety or in separate lots or parcels, the Mortgaged Property, as hereinafter provided or pursuant to law, (ii) to sell for cash or upon credit the Mortgaged Property or any part thereof and all estate, claim, demand, right, title and interest of Grantor therein and rights of redemption thereof, at one (1) or more sales, in its entirety or in portions, at such time and place, upon such terms and after such notice thereof as may be required or permitted by law or in the absence of any such requirements, as Grantee (acting in accordance with an opinion of counsel upon which Grantee may conclusively rely) may deem appropriate, and in the foreclosure sale, of less than all of the Mortgaged Property, this Security Deed shall continue as a lien on the remaining portion of the Mortgaged Property, (iii) to split this Security Deed into two (2) or more deeds to secure debt and to institute proceedings for the complete or partial foreclosure of any one or more of such deeds to secure debt, with such unforeclosed deeds to secure debt remaining a lien on the Mortgaged Property and to sell, at one or more sales as an entirety or in separate lots or parcels, the Mortgaged Property, as hereinafter provided or pursuant to law, subject to such deeds to secure debt which were not foreclosed, (iv) to cumulatively pursue any other remedy now or hereafter available to it in equity, at law, by virtue of statute or otherwise, (v) to exercise in respect of any part or parts of the Additional Collateral, all of the rights and remedies available to a secured party upon default under the applicable provisions of the Uniform Commercial Code in effect in the State, and (vi) to enforce any and all remedies of the Grantor under the Project Contracts.
AutoNDA by SimpleDocs

Related to Grantee's Power of Enforcement

  • Cost of Enforcement In the event (a) that the Mortgage is foreclosed in whole or in part, (b) of the bankruptcy, insolvency, rehabilitation or other similar proceeding in respect of Borrower or any of its constituent Persons or an assignment by Borrower or any of its constituent Persons for the benefit of its creditors, or (c) Lender exercises any of its other remedies under this Agreement or any of the other Loan Documents, Borrower shall be chargeable with and agrees to pay all costs of collection and defense, including attorneys’ fees and costs, incurred by Lender or Borrower in connection therewith and in connection with any appellate proceeding or post-judgment action involved therein, together with all required service or use taxes.

  • Rights of Enforcement The Agent shall have all of the rights and remedies of a secured party upon default under the UCC, in addition to which the Agent shall have all and each of the following rights and remedies:

  • Costs of Enforcement If any party to this Agreement seeks to enforce its rights under this Agreement by legal proceedings, the non-prevailing party shall pay all costs and expenses incurred by the prevailing party, including, without limitation, all reasonable attorneys’ fees.

  • ENFORCEMENT OF THE PLEDGE 6.1 If (i) an Enforcement Event has occurred and is continuing and (ii) the requirements set forth in Sections 1273 para 2, 1204 et seq. of the German Civil Code with regard to the enforcement of the Pledges are met (Pfandreife), in particular, if any of the Obligations have become due and payable, then in order to enforce the Pledges, the Collateral Agent (acting on the instructions of the Secured Parties) may at any time thereafter avail itself of all rights and remedies that a pledgee has against a pledgor under the laws of the Federal Republic of Germany.

  • Exclusive Enforcement Until the First Priority Obligations Payment Date has occurred, whether or not an Insolvency Proceeding has been commenced by or against any Loan Party, the First Priority Secured Parties shall have the exclusive right to take and continue any Enforcement Action with respect to the Common Collateral, without any consultation with or consent of any Second Priority Secured Party, but subject to the provisos set forth in Sections 3.2 and 5.1. Upon the occurrence and during the continuance of a default or an event of default under the First Priority Documents, the First Priority Representative and the other First Priority Secured Parties may take and continue any Enforcement Action with respect to the First Priority Obligations and the Common Collateral in such order and manner as they may determine in their sole discretion.

  • Expenses of Enforcement The Company shall pay all fees and expenses (including reasonable fees and expenses of counsel and other professionals) incurred by the Subscriber or any successor holder of Securities in enforcing any of its rights and remedies under this Subscription Agreement.

  • Restriction on Enforcement Intra-Group Lenders Subject to Clause 12.7 (Permitted Enforcement: Intra-Group Lenders)‎, none of the Intra-Group Lenders shall be entitled to take any Enforcement Action in respect of any of the Intra-Group Liabilities at any time prior to the Final Discharge Date.

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Governing Law; Enforcement This Agreement and the rights and duties of the Parties hereunder shall be governed by, and construed in accordance with, the law of the State of Delaware. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the Parties: (a) consents to submit itself to the exclusive personal jurisdiction of the Court of Chancery in and for New Castle County in the State of Delaware (or, if such court lacks jurisdiction, any appropriate state or federal court in New Castle County in the State of Delaware), in the event of any dispute related to or arising out of this Agreement or any transaction contemplated hereby; (b) agrees not to commence any action, suit or proceeding related to or arising out of this Agreement or any transaction contemplated hereby except in such courts; (c) agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court; (d) waives any right to trial by jury with respect to any action related to or arising out of this Agreement or any transaction contemplated hereby; and (e) consents to service of process by delivery pursuant to Section 8.2 hereof.

  • Expenses of Enforcement, Etc The Guarantors agree to reimburse the Administrative Agent and the other Holders of Guaranteed Obligations for any reasonable costs and out-of-pocket expenses (including attorneys’ fees) paid or incurred by the Administrative Agent or any other Holder of Guaranteed Obligations in connection with the collection and enforcement of amounts due under the Loan Documents, including without limitation this Guaranty.

Time is Money Join Law Insider Premium to draft better contracts faster.