Common use of Louisiana Remedies Clause in Contracts

Louisiana Remedies. With respect to Collateral located in the State of Louisiana, Agent will be entitled to foreclose under this Security Agreement under ordinary or executory process procedures, and to cause the Collateral to be immediately seized, wherever found, and sold with or without appraisal, in regular session of court or in vacation, in accordance with applicable Louisiana law, without the necessity of further demanding payment from Grantor, notifying Grantor, or placing Grantor in default. For purposes of foreclosure under Louisiana executory process procedures, Grantor confesses judgment and acknowledges to be indebted to the Lender Parties up to the full amount of the Secured Indebtedness. To the extent permitted under applicable Louisiana law, Grantor additionally waives: (a) the benefit of appraisal as provided for under Articles 2332, 2336, 2723, and 2724 of the Louisiana Code of Civil Procedure and all other laws with regard to appraisal upon judicial sale; (b) the demand and three days' delay as provided under Articles 2639 and 2721 of the Louisiana Code of Civil Procedure; (c) the notice of seizure as provided under Articles 2293 and 2721 of the Louisiana Code of Civil Procedure; (d) the three days' delay provided under Articles 2331 and 2722 of the Louisiana Code of Civil Procedure; and (e) all other benefits provided under Articles 2331, 2722 and 2723 of the Louisiana Code of Civil Procedure and all other Articles not specifically mentioned above. Grantor further acknowledges that any declaration of fact made by authentic act before a Notary Public and two witnesses by a person declaring that such facts are within his or her knowledge shall constitute authentic evidence of such facts for purposes of foreclosure under applicable Louisiana law. Grantor further agrees that Agent may appoint a keeper of the Collateral in the event of foreclosure.

Louisiana Remedies. With respect To the extent that the laws of the State of Louisiana govern any provision of this Agreement, or there is a provision of this Agreement related to Collateral an asset located in the State of LouisianaLouisiana or in which a security interest is perfected under the laws of the State of Louisiana (and nothing in this Section 8.3 is intended to derogate from any choice of law provision contained in this Agreement), in addition to all other rights and remedies provided or permitted by Louisiana and other laws, if a Trigger Event shall have occurred, the Collateral Agent will be entitled to foreclose under this Security Agreement under ordinary or executory process procedures, and shall have the right to cause the Guarantor Security Agreement Collateral to be immediately seizedseized and sold under Louisiana executory or ordinary process, wherever foundat the Collateral Agent's sole option, without appraisement, appraisement being hereby expressly waived, as an entirety or in portions as the Collateral Agent may determine, to the highest bidder for cash, and sold with or without appraisalotherwise exercise the rights, in regular session of court or in vacation, in accordance with powers and remedies afforded herein and under applicable Louisiana law, without the necessity of further demanding payment from Grantor, notifying Grantor, or placing Grantor in default. For purposes of foreclosure under Louisiana executory process proceduresprocess, Grantor confesses the Guarantor acknowledges the liens and security interests herein created and the Secured Obligations, and the Guarantor does hereby confess judgment and acknowledges to be indebted to in favor of the Lender Secured Parties up to for the full amount of the Secured IndebtednessObligations, whether now existing or hereafter arising. To the extent permitted under applicable Louisiana law, Grantor additionally waives: (a) the benefit of appraisal as provided for under Articles 2332, 2336, 2723, and 2724 of the Louisiana Code of Civil Procedure Any and all other laws with regard to appraisal upon judicial sale; (b) the demand and three days' delay as provided under Articles 2639 and 2721 of the Louisiana Code of Civil Procedure; (c) the notice of seizure as provided under Articles 2293 and 2721 of the Louisiana Code of Civil Procedure; (d) the three days' delay provided under Articles 2331 and 2722 of the Louisiana Code of Civil Procedure; and (e) all other benefits provided under Articles 2331, 2722 and 2723 of the Louisiana Code of Civil Procedure and all other Articles not specifically mentioned above. Grantor further acknowledges that any declaration declarations of fact made by authentic act before a Notary Public and notary public in the presence of two witnesses by a person declaring that such facts are lie within his or her knowledge shall constitute authentic evidence of such facts for purposes purpose of foreclosure under executory process. The Guarantor waives: (a) the benefit of appraisement as provided in Louisiana Code of Civil Procedure Articles 2332, 2336, 2723 and 2724, and all other laws conferring the same; (b) the demand and three days' delay accorded by Louisiana Code of Civil Procedure Articles 2639 and 2721; (c) the notice of seizure required by Louisiana Code of Civil Procedure Articles 2293 and 2721; (d) the three days' delay provided by Louisiana Code of Civil Procedure Articles 2331 and 2722; and (e) the benefit of the other provisions of Louisiana Code of Civil Procedures Articles 2331, 2722 and 2723, not specifically mentioned above. In the event the Guarantor Security Agreement Collateral or any part thereof is seized as an incident to an action for the recognition of enforcement of this Agreement by executory process, ordinary process, sequestration, writ of fieri facias or otherwise, the Guarantor and the Collateral Agent agree that the court issuing any such order shall, if petitioned for by the Collateral Agent, direct the applicable Louisiana law. Grantor further agrees that Agent may marshal or sheriff to appoint as a keeper of the Guarantor Security Agreement Collateral, the Collateral in the event of foreclosure.Agent or any agent

Louisiana Remedies. With respect to Collateral located The provisions of this Section 6.7 shall, without limiting the generality of any other provision of this Agreement, be applicable in the State event any foreclosure shall take place in Louisiana on any Security Agreement Collateral or, in connection with any foreclosure hereunder, Louisiana law shall otherwise be applicable. The Secured Creditor, instead of Louisianaexercising the power of sale herein conferred upon it, Agent will be entitled may proceed by a suit or suits at law or in equity to foreclose under this the security interests hereunder granted and sell the Security Agreement Collateral, or any portion thereof, under ordinary a judgment or executory process procedures, and to cause the Collateral to be immediately seized, wherever found, and sold with or without appraisal, in regular session decree of a court or in vacation, in accordance with applicable Louisiana law, without the necessity courts of further demanding payment from Grantor, notifying Grantor, or placing Grantor in defaultcompetent jurisdiction. For the purposes of foreclosure under Louisiana executory process procedures, Grantor confesses does hereby acknowledge the Secured Obligations and confess judgment and acknowledges to be indebted to in favor of the Lender Parties up to Secured Creditor for the full amount of the Secured IndebtednessObligations. To Grantor does by these presents consent and agree that upon the extent permitted occurrence of an Event of Default it shall be lawful for the Secured Creditor to cause all and singular the Security Agreement Collateral to be seized and sold under executory or ordinary process, at the Secured Creditor's sole option, without appraisement, appraisement being hereby expressly waived, in one lot as an entirety or in separate parcels or portions as the Secured Creditor may determine, to the highest bidder, and otherwise exercise the rights, powers and remedies afforded herein and under applicable Louisiana law, Grantor additionally waives: (a) the benefit of appraisal as provided for under Articles 2332, 2336, 2723, and 2724 of the Louisiana Code of Civil Procedure . Any and all other laws with regard to appraisal upon judicial sale; (b) the demand and three days' delay as provided under Articles 2639 and 2721 of the Louisiana Code of Civil Procedure; (c) the notice of seizure as provided under Articles 2293 and 2721 of the Louisiana Code of Civil Procedure; (d) the three days' delay provided under Articles 2331 and 2722 of the Louisiana Code of Civil Procedure; and (e) all other benefits provided under Articles 2331, 2722 and 2723 of the Louisiana Code of Civil Procedure and all other Articles not specifically mentioned above. Grantor further acknowledges that any declaration declarations of fact made by authentic act before a Notary Public and in the presence of two witnesses by a person declaring that such facts are lie within his or her knowledge shall constitute authentic evidence of such facts for purposes the purpose of foreclosure under applicable Louisiana lawexecutory process. Grantor further agrees that Agent may appoint a keeper hereby waives: (a) the benefit of appraisement as provided in Louisiana Code of Civil Procedure Articles 2332, 2336, 2723 and 2724, and all other laws conferring the Collateral in same; (b) the event demand and three days delay accorded by Louisiana Code of foreclosure.Civil Procedure Articles 2639 and 2721; (c) the notice of seizure required by Louisiana Code of Civil Procedure Articles 2293 and 2721; (d) the three days delay provided by Louisiana Code of