Common use of Legal Proceedings and Foreclosure Clause in Contracts

Legal Proceedings and Foreclosure. If an Event of Default shall have occurred, Grantee may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the estate created by this Indenture and the security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy available to it. If Grantee proceeds to foreclose the estate created hereby, Grantee shall have the statutory power of sale if permitted by applicable law. In the event of any such suit or proceeding, Grantee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Grantee shall be brought in its name as Grantee and any recovery or judgement shall be for the benefit of Grantee. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Grantee in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Grantor to Grantee, as the case may be, on demand.

Appears in 3 contracts

Samples: And Security Agreement (Koger Equity Inc), And Security Agreement (Koger Equity Inc), And Security Agreement (Koger Equity Inc)

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Legal Proceedings and Foreclosure. If an Event of Default shall have occurred, Grantee Trustee or Beneficiary may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the estate created by this Indenture lien and the security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy available to it. If Grantee Beneficiary proceeds to foreclose the estate created herebylien of this Indenture, Grantee Beneficiary shall have the statutory power of sale if permitted by applicable law. In the event of any such suit or proceeding, Grantee Beneficiary and/or Trustee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Grantee Trustee shall be brought in its name as Grantee Trustee and any recovery or judgement shall be for the benefit of GranteeBeneficiary. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Grantee Trustee or Beneficiary in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Grantor Borrower to GranteeTrustee or Beneficiary, as the case may be, on demand.

Appears in 3 contracts

Samples: Trust and Security Agreement (Koger Equity Inc), Trust and Security Agreement (Koger Equity Inc), Trust and Security Agreement (Koger Equity Inc)

Legal Proceedings and Foreclosure. If an Event of Default shall have occurred, Grantee Trustee or Beneficiary may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the estate created by this Indenture lien and the security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy available to it. If Grantee Beneficiary proceeds to foreclose the estate created herebylien of this Indenture, Grantee Trustee shall have the statutory power of sale if permitted by applicable law. In the event of any such suit or proceeding, Grantee Beneficiary and/or Trustee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Grantee Trustee shall be brought in its name as Grantee Trustee and any recovery or judgement judgment shall be for the benefit of GranteeBeneficiary. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Grantee Trustee or Beneficiary in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Grantor Borrower to GranteeTrustee or Beneficiary, as the case may be, on demand.

Appears in 2 contracts

Samples: Leases and Rents and Security Agreement (Koger Equity Inc), Leases and Rents and Security Agreement (Koger Equity Inc)

Legal Proceedings and Foreclosure. If an Event of Default shall have occurredoccurred and be continuing, Grantee the Trustee or the Beneficiary may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the estate created by this Indenture lien and the security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy remedies available to it. If Grantee the Beneficiary proceeds to foreclose the estate created herebylien of this Indenture, Grantee the Beneficiary shall have the statutory power of sale if permitted by applicable law. All rights of action under this Indenture may, if permitted by applicable law, be enforced by the Trustee or the Beneficiary without the possession of the Notes and without the production of the Notes, the Loan Agreement or this Indenture at any trial or other proceeding relative thereto. In the event of any such suit or proceeding, Grantee the Beneficiary and/or the Trustee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Grantee the Trustee shall be brought in its name as Grantee Trustee and any recovery or judgement judgment shall be for the benefit of Granteethe Beneficiary. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Grantee the Trustee or the Beneficiary in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Grantor the Trustor to Granteethe Trustee or the Beneficiary, as the case may be, on demand.

Appears in 1 contract

Samples: , and Security Agreement (Koger Equity Inc)

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Legal Proceedings and Foreclosure. If an Event of Default shall have occurred, Grantee may proceed by suit or suits at law or in equity or by any other appropriate remedy to protect and enforce its rights hereunder, whether for the specific performance of any covenant or agreement contained herein, or for an injunction against the violation of any of the terms hereof, or in aid of the exercise of any right, power or remedy available to it, or to enforce the payment of the Indebtedness under the Loan Agreement, or to foreclose the estate created by this Indenture and the security interest of this Indenture as against all or any part of the Property and to have all or any part of the Property sold, in any manner permitted by law, under the judgment or decree of a court or courts of competent jurisdiction, or otherwise, and to pursue any other remedy available to it. If Grantee proceeds to foreclose the estate created hereby, Grantee shall have the statutory power of sale if permitted by applicable law. In the event of any such suit or proceeding, Grantee shall comply with any local laws applicable to any such suits or proceedings. Any such suit or proceeding instituted by Grantee shall be brought in its name as Grantee and any recovery or judgement judgment shall be for the benefit of Grantee. All costs and expenses (including, without limitation, reasonable attorney's fees and expenses) incurred by Grantee in connection with any such suit or proceeding, together with interest thereon (to the extent permitted by law) computed at the Default Rate from the date on which such costs or expenses are incurred to the date of payment thereof, shall constitute additional Indebtedness secured by this Indenture and shall be paid by Grantor to Grantee, as the case may be, on demand.

Appears in 1 contract

Samples: And Security Agreement (Koger Equity Inc)

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