Method of Realizing Upon the Pledged Collateral: Other Remedies. Upon the occurrence of an Event of Default, in addition to any rights and remedies available at law or in equity, the following provisions shall govern the Secured Party’s right to realize upon the Pledged Collateral: (a) Any item of the Pledged Collateral may be sold for cash or other value in any number of lots at brokers board, public auction or private sale and may be sold without demand, advertisement or notice (except that the Secured Party shall give the Company ten (10) days’ prior written notice of the time and place or of the time after which a private sale may be made (the “Sale Notice”)), which notice period shall in any event is hereby agreed to be commercially reasonable. At any sale or sales of the Pledged Collateral, the Company may bid for and purchase the whole or any part of the Pledged Collateral and, upon compliance with the terms of such sale, may hold, exploit and dispose of the same without further accountability to the Secured Party. The Company will execute and deliver, or cause to be executed and delivered, such instruments, documents, assignments, waivers, certificates, and affidavits and supply or cause to be supplied such further information and take such further action as the Secured Party reasonably shall require in connection with any such sale. (b) Any cash being held by the Secured Party as Pledged Collateral and all cash proceeds received by the Secured Party in respect of, sale of, collection from, or other realization upon all or any part of the Pledged Collateral shall be applied as follows: (i) to the payment of all amounts due the Secured Party for the expenses reimbursable to it hereunder or owed to it pursuant to Section 8.3 hereof; (ii) to the payment of the Obligations then due and unpaid. (iii) the balance, if any, to the person or persons entitled thereto, including, without limitation, the Company. (c) In addition to all of the rights and remedies which the Secured Party may have pursuant to this Agreement, the Secured Party shall have all of the rights and remedies provided by law, including, without limitation, those under the Uniform Commercial Code. (i) If the Company fails to pay such amounts due upon the occurrence of an Event of Default which is continuing, then the Secured Party may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the monies adjudged or decreed to be payable in the manner provided by law out of the property of Company, wherever situated. (ii) The Company agrees that it shall be liable for any reasonable fees, expenses and costs incurred by the Secured Party in connection with enforcement, collection and preservation of the Transaction Documents, including, without limitation, reasonable legal fees and expenses, and such amounts shall be deemed included as Obligations secured hereby and payable as set forth in Section 8.3 hereof.
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Samples: Security Agreement (Platina Energy Group Inc.), Security Agreement (Vortex Resources Corp.), Security Agreement (Platina Energy Group Inc.)
Method of Realizing Upon the Pledged Collateral: Other Remedies. Upon the occurrence of an Event of Default, and subject to the rights of any previous security holders, in addition to any rights and remedies available at law or in equity, the following provisions shall govern the Secured Party’s 's right to realize upon the Pledged Collateral:
(a) Any item of the Pledged Collateral may be sold for cash or other value in any number of lots at brokers board, public auction or private sale and may be sold without demand, advertisement or notice (except that the Secured Party shall give the Company ten (10) business days’ ' prior written notice of the time and place or of the time after which a private sale may be made (the “"Sale Notice”")), which notice period shall in any event is hereby agreed to be commercially reasonable. At any sale or sales of the Pledged Collateral, the Company may bid for and purchase the whole or any part of the Pledged Collateral and, upon compliance with the terms of such sale, may hold, exploit and dispose of the same without further accountability to the Secured Party. The Company will execute and deliver, or cause to be executed and delivered, such instruments, documents, assignments, waivers, certificates, and affidavits and supply or cause to be supplied such further information and take such further action as the Secured Party reasonably shall require in connection with any such sale.
(b) Any cash being held by the Secured Party as Pledged Collateral and all cash proceeds received by the Secured Party in respect of, sale of, collection from, or other realization upon all or any part of the Pledged Collateral shall be applied as follows:
(i) to the payment of all amounts due the Secured Party for the expenses reimbursable to it hereunder or owed to it him pursuant to Section 8.3 hereof;
(ii) to the payment of the Obligations then due and unpaid.
(iii) the balance, if any, to the person or persons entitled thereto, including, without limitation, the Company.
(c) In addition to all of the rights and remedies which the Secured Party may have pursuant to this Agreement, the Secured Party shall have all of the rights and remedies provided by law, including, without limitation, those under the applicable Uniform Commercial Code.
(i) If the Company fails to pay such amounts due upon the occurrence of an Event of Default which is continuing, then the Secured Party may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the monies adjudged or decreed to be payable in the manner provided by law out of the property of Company, wherever situated.
(iid) The Company agrees that it shall be liable for any reasonable fees, expenses and costs incurred by the Secured Party in connection with enforcement, collection and preservation of this Agreement, the Transaction DocumentsSecured Promissory Note and any related agreements, including, without limitation, reasonable legal fees and expenses, and such amounts shall be deemed included as Obligations secured hereby and payable as set forth in Section 8.3 hereof.
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Method of Realizing Upon the Pledged Collateral: Other Remedies. Upon the occurrence of an Event of Default, in addition to any rights and remedies available at law or in equity, the following provisions shall govern the Secured Party’s Pledgee's right to realize upon the Pledged Collateral:
(a) Any item of the Pledged Collateral may be sold for cash or other value in any number of lots at brokers board, public auction or private sale and may be sold without demand, advertisement or notice (except that the Secured Party Pledgee shall give the Company Pledgor ten (10) days’ business days prior written notice of the time and place or of the time after which a private sale may be made (the “"Sale Notice”)"), which notice period shall be in any event is hereby agreed to be commercially reasonable. At any sale or sales of the Pledged Collateral, the Company Pledgor may bid for and purchase the whole or any part of the Pledged Collateral and, upon compliance with the terms of such sale, may hold, exploit and dispose of the same without further accountability to the Secured PartyPledgee. The Company Pledgor will execute and deliver, or cause to be executed and delivered, such instruments, documents, assignments, waivers, certificates, and affidavits and supply or cause to be supplied such further information and take such further action as the Secured Party Pledgee reasonably shall require in connection with any such sale.
(b) Any cash being held by the Secured Party Pledgee as Pledged Collateral and all cash proceeds received by the Secured Party Pledgee in respect of, sale of, collection from, or other realization upon all or any part of the Pledged Collateral shall be applied as follows:
(i) to the payment of all amounts due the Secured Party Pledgee for the expenses reimbursable to it hereunder or owed to it pursuant to Section 8.3 hereof;
(ii) to the payment of the Obligations amounts then due and unpaid.unpaid for principal of and interest on the Notes in respect of which or for the benefit of which such money has been collected; and
(iii) the balance, if any, to the person or persons entitled thereto, including, without limitation, the CompanyPledgor.
(c) It is understood that if all or any part of the Pledged Collateral is 9 40 sold as a private sale, Pledgee will sell such Collateral to the person making the highest bid for such Pledged Collateral, provided that Pledgee shall not be required to conduct an auction or otherwise solicit any specific number of offers for the Pledged Collateral or any part thereof.
(d) In addition to all of the rights and remedies which the Secured Party Pledgor and Pledgee may have pursuant to this Agreement, the Secured Party Pledgor and Pledgee shall have all of the rights and remedies provided by law, including, without limitation, those under the Uniform Commercial CodeCode and as set forth in Section 5(e) hereof.
(i) If the Company Pledgor fails to pay such amounts due upon the occurrence of an Event of Default which is continuing, then forthwith upon the Secured Party Pledgee's demand Pledgee may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against Pledgor or any other obligor upon the Company Notes and collect the monies adjudged or decreed to be payable in the manner provided by law out of the property of CompanyPledgor or any other obligor upon such Notes, wherever situated.
(ii) The Company Pledgor agrees that it shall be liable for any reasonable fees, expenses and costs incurred by the Secured Party Pledgee in connection with enforcement, collection and preservation of the Transaction DocumentsNotes, including, without limitation, reasonable legal fees and expenses, and such amounts shall be deemed included as Obligations secured hereby and payable as set forth in under Section 8.3 hereof.
(iii) All rights of action and claims under this Agreement may be prosecuted and enforced by Pledgee without the possession of any of the Notes or the production thereof in any proceeding relating thereto, any such proceeding instituted by Pledgee may be brought in any capacity as it may determine and any recovery of judgment shall, after
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Method of Realizing Upon the Pledged Collateral: Other Remedies. Upon the occurrence of an Event of Default, in addition to any rights and remedies available at law or in equity, the following provisions shall govern the Secured Party’s right to realize upon the Pledged Collateral:
(a) Any item of the Pledged Collateral may be sold for cash or other value in any number of lots at brokers board, public auction or private sale and may be sold without demand, advertisement or notice (except that the Secured Party shall give the Company ten (10) days’ prior written notice of the time and place or of the time after which a private sale may be made (the “Sale Notice”)), which notice period shall in any event is hereby agreed to be commercially reasonable. At any sale or sales of the Pledged Collateral, the Company may bid for and purchase the whole or any part of the Pledged Collateral and, upon compliance with the terms of such sale, may hold, exploit and dispose of the same without further accountability to the Secured Party. The Company will execute and deliver, or cause to be executed and delivered, such instruments, documents, assignments, waivers, certificates, and affidavits and supply or cause to be supplied such further information and take such further action as the Secured Party reasonably shall require in connection with any such sale.
(2) (b) Any cash being held by the Secured Party as Pledged Collateral and all cash proceeds received by the Secured Party in respect of, sale of, collection from, or other realization upon all or any part of the Pledged Collateral shall be applied as follows:
(a) (i) to the payment of all amounts due the Secured Party for the expenses reimbursable to it hereunder or owed to it pursuant to Section 8.3 hereof;
(b) (ii) to the payment of the Obligations then due and unpaid.
(iii) the balance, if any, to the person or persons entitled thereto, including, without limitation, the Company.
(c) In addition to all of the rights and remedies which the Secured Party may have pursuant to this Agreement, the Secured Party shall have all of the rights and remedies provided by law, including, without limitation, those under the Uniform Commercial Code.
(i) If the Company fails to pay such amounts due upon the occurrence of an Event of Default which is continuing, then the Secured Party may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the monies adjudged or decreed to be payable in the manner provided by law out of the property of Company, wherever situated.
(ii) The Company agrees that it shall be liable for any reasonable fees, expenses and costs incurred by the Secured Party in connection with enforcement, collection and preservation of the Transaction Documents, including, without limitation, reasonable legal fees and expenses, and such amounts shall be deemed included as Obligations secured hereby and payable as set forth in Section 8.3 hereof.
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Samples: Securities Purchase Agreement (Planetlink Communications Inc)
Method of Realizing Upon the Pledged Collateral: Other Remedies. Upon the occurrence of an Event of Default, in addition to any rights and remedies available at law or in equity, the following provisions shall govern the Secured Party’s right to realize upon the Pledged Collateral:
(a) Any item of the Pledged Collateral may be sold for cash or other value in any number of lots at brokers board, public auction or private sale and may be sold without demand, advertisement or notice (except that the Secured Party shall give the Company ten (10) days’ prior written notice of the time and place or of the time after which a private sale may be made (the “Sale Notice”)), which notice period shall in any event is hereby agreed to be commercially reasonable. At any sale or sales of the Pledged Collateral, the Company may bid for and purchase the whole or any part of the Pledged Collateral and, upon compliance with the terms of such sale, may hold, exploit and dispose of the same without further accountability to the Secured Party. The Company will execute and deliver, or cause to be executed and delivered, such instruments, documents, assignments, waivers, certificates, and affidavits and supply or cause to be supplied such further information and take such further action as the Secured Party reasonably shall require in connection with any such sale.
(b) Any cash being held by the Secured Party as Pledged Collateral and all cash proceeds received by the Secured Party in respect of, sale of, collection from, or other realization upon all or any part of the Pledged Collateral shall be applied as follows:
(i) to the payment of all amounts due the Secured Party for the expenses reimbursable to it hereunder or owed to it pursuant to Section 8.3 hereof;
(ii) to the payment of the Obligations then due and unpaid.
(iii) the balance, if any, to the person or persons entitled thereto, including, without limitation, the Company.
(c) In addition to all of the rights and remedies which the Secured Party may have pursuant to this Agreement, the Secured Party shall have all of the rights and remedies provided by law, including, without limitation, those under the Uniform Commercial Code.
(id) If the Company fails to pay such any amounts due upon the occurrence of an Event of Default which is continuing, then the Secured Party may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company and collect the monies adjudged or decreed to be payable in the manner provided by law out of the property of Company, wherever situated.
(iie) The Company agrees that it shall be liable for any reasonable fees, expenses and costs incurred by the Secured Party in connection with enforcement, collection and preservation of the Transaction Documents, including, without limitation, reasonable legal fees and expenses, and such amounts shall be deemed included as Obligations secured hereby and payable as set forth in Section 8.3 hereof.
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Method of Realizing Upon the Pledged Collateral: Other Remedies. Upon the occurrence of an Event of Default, in addition to any rights and remedies available at law or in equity, the following provisions shall govern the Secured Party’s Pledgee's right to realize upon the Pledged Collateral:
(a) Any item of the Pledged Collateral may be sold for cash or other value in any number of lots at brokers board, public auction or private sale and may be sold without demand, advertisement or notice (except that the Secured Party Pledgee shall give the Company Pledgor ten (10) days’ business days prior written notice of the time and place or of the time after which a private sale may be made (the “"Sale Notice”)"), which notice period shall be in any event is hereby agreed to be commercially reasonable. At any sale or sales of the Pledged Collateral, the Company Pledgor may bid for and purchase the whole or any part of the Pledged Collateral and, upon compliance with the terms of such sale, may hold, exploit and dispose of the same without further accountability to the Secured PartyPledgee. The Company Pledgor will execute and deliver, or cause to be executed and delivered, such instruments, documents, assignments, waivers, certificates, and affidavits and supply or cause to be supplied such further information and take such further action as the Secured Party Pledgee reasonably shall require in connection with any such sale.
(b) Any cash being held by the Secured Party Pledgee as Pledged Collateral and all cash proceeds received by the Secured Party Pledgee in respect of, sale of, collection from, or other realization upon all or any part of the Pledged Collateral shall be applied as follows:
(i) to the payment of all amounts due the Secured Party Pledgee Representative and the Holders for the expenses reimbursable to it or them hereunder or owed to it pursuant to Section 8.3 hereof;
(ii) to the payment of the Obligations amounts then due and unpaid.unpaid for principal of and interest on the Notes in respect of which or for the benefit of which such money has been collected, ratably among all the Holders in accordance with the ratio of the principal amount of the Notes held by a Holder to the total principal amount of all of the Notes then outstanding, without preference or priority of an kind, according to the amounts due and payable on such for principal and interest, respectively; and
(iii) the balance, if any, to the person or persons entitled thereto, including, without limitation, the CompanyPledgor.
(c) It is understood that if all or any part of the Pledged Collateral is sold as a private sale, Pledgee will sell such Collateral to the person making the highest bid for such Pledged Collateral, provided that Pledgee shall not be required to conduct an auction or otherwise solicit any specific number of offers for the Pledged Collateral or any part thereof.
(d) In addition to all of the rights and remedies which the Secured Party Pledgor and Pledgee may have pursuant to this Agreement, the Secured Party Pledgor and Pledgee shall have all of the rights and remedies provided by law, including, without limitation, those under the Uniform Commercial CodeCode and as set forth in Section 5(e) hereof.
(i) If the Company Pledgor fails to pay such amounts due upon the occurrence of an Event of Default which is continuing, then forthwith upon the Secured Party Pledgee Representative's demand the Pledgee Representative, in any capacity as it may determine, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against Pledgor or any other obligor upon the Company Notes and collect the monies adjudged or decreed to be payable in the manner provided by law out of the property of CompanyPledgor or any other obligor upon such Notes, wherever situated.
(ii) The Company Pledgor agrees that it shall be liable for any reasonable fees, expenses and costs incurred by the Secured Party Pledgee Representative and the Holders in connection with enforcement, collection and preservation of the Transaction DocumentsNotes, including, without limitation, reasonable legal fees and expenses, and such amounts shall be deemed included as Obligations secured hereby and payable as set forth in under Section 8.3 hereof.
(iii) All rights of action and claims under this Agreement may be prosecuted and enforced by the Pledgee Representative without the possession of any of the Notes or the production thereof in any proceeding relating thereto, any such proceeding instituted by the Pledgee Representative may be brought in any capacity as it may determine and any recovery of judgment shall, after provision for the payment of the legal fees and expenses and other expenses paid or incurred by the Pledgee Representative as permitted hereunder, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.
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Method of Realizing Upon the Pledged Collateral: Other Remedies. Upon the occurrence of an Event of Default, in addition to any rights and remedies available at law or in equity, the following provisions shall govern the Secured Party’s Pledgee's right to realize upon the Pledged Collateral:
(a) Any item of the Pledged Collateral may be sold for cash or other value in any number of lots at brokers board, public auction or private sale and may be sold without demand, advertisement or notice (except that the Secured Party Pledgee shall give the Company Pledgor ten (10) days’ business days prior written notice of the time and place or of the time after which a private sale may be made (the “"Sale Notice”)"), which notice period shall be in any event is hereby agreed to be commercially reasonable. At any sale or sales of the Pledged Collateral, the Company Pledgor may bid for and purchase the whole or any part of the Pledged Collateral and, upon compliance with the terms of such sale, may hold, exploit and dispose of the same without further accountability to the Secured PartyPledgee. The Company Pledgor will execute and deliver, or cause to be executed and delivered, such instruments, documents, assignments, waivers, certificates, and affidavits and supply or cause to be supplied such further information and take such further action as the Secured Party Pledgee reasonably shall require in connection with any such sale.
(b) Any cash being held by the Secured Party Pledgee as Pledged Collateral and all cash proceeds received by the Secured Party Pledgee in respect of, sale of, collection from, or other realization upon all or any part of the Pledged Collateral shall be applied as follows:
(i) to the payment of all amounts due the Secured Party Pledgee Representative and the Holders for the expenses reimbursable to it or them hereunder or owed to it pursuant to Section 8.3 hereof;
; (ii) to the payment of the Obligations amounts then due and unpaid.
unpaid for principal of and interest on the Notes in respect of which or for the benefit of which such money has been collected, ratably among all the Holders in accordance with the ratio of the principal amount of the Notes held by a Holder to the total principal amount of all of the Notes then outstanding, without preference or priority of an kind, according to the amounts due and payable on such for principal and interest, respectively; and (iii) the balance, if any, to the person or persons entitled thereto, including, without limitation, the CompanyPledgor.
(c) It is understood that if all or any part of the Pledged Collateral is sold as a private sale, Pledgee will sell such Collateral to the person making the highest bid for such Pledged Collateral, provided that Pledgee shall not be required to conduct an auction or otherwise solicit any specific number of offers for the Pledged Collateral or any part thereof.
(d) In addition to all of the rights and remedies which the Secured Party Pledgor and Pledgee may have pursuant to this Agreement, the Secured Party Pledgor and Pledgee shall have all of the rights and remedies provided by law, including, without limitation, those under the Uniform Commercial CodeCode and as set forth in Section 5(e) hereof.
(i) If the Company Pledgor fails to pay such amounts due upon the occurrence of an Event of Default which is continuing, then forthwith upon the Secured Party Pledgee Representative's demand the Pledgee Representative, in any capacity as it may determine, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against Pledgor or any other obligor upon the Company Notes and collect the monies adjudged or decreed to be payable in the manner provided by law out of the property of CompanyPledgor or any other obligor upon such Notes, wherever situated.
(ii) The Company Pledgor agrees that it shall be liable for any reasonable fees, expenses and costs incurred by the Secured Party Pledgee Representative and the Holders in connection with enforcement, collection and preservation of the Transaction DocumentsNotes, including, without limitation, reasonable legal fees and expenses, and such amounts shall be deemed included as Obligations secured hereby and payable as set forth in under Section 8.3 hereof.
(iii) All rights of action and claims under this Agreement may be prosecuted and enforced by the Pledgee Representative without the possession of any of the Notes or the production thereof in any proceeding relating thereto, any such proceeding instituted by the Pledgee Representative may be brought in any capacity as it may determine and any recovery of judgment shall, after provision for the payment of the legal fees and expenses and other expenses paid or incurred by the Pledgee Representative as permitted hereunder, be for the ratable benefit of the Holders of the Notes in respect of which such judgment has been recovered.
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