Common use of Obtain Deficiency Clause in Contracts

Obtain Deficiency. If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Borrower for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Borrower shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper. Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. COLLATERAL INSPECTION/APPRAISAL COST REIMBURSEMENT. Upon such frequency as Lender may determine and whether or not Borrower or Grantor is in default, Lender shall be entitled to perform and Grantor shall cooperate with examinations, inspections, audits and appraisals as provided herein. Grantor shall maintain complete and accurate books and records with respect to Collateral. Upon advance notice by Lender to Grantor, Grantor shall permit access thereto by Lender and by Lender's designated representatives and agents for purposes of inspection, copying and/or auditing. Lender and Lender's designated representatives and agents shall also have the right upon advance notice to examine, inspect and/or appraise any Collateral wherever located. Subject to any limitations under applicable law, Grantor shall reimburse Lender for any professional fees or other expenses incurred by Lender in connection with any examinations, inspections or audits of the books and records of Grantor and/or any examinations, inspections and/or

Obtain Deficiency. If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Borrower Grantor for any deficiency remaining on the Indebtedness indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Borrower Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper. Other Rights and Remedies. : Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Election of Cumulative Remedies. Except as may be prohibited by applicable law, all : All of Lender's rights and remedies, whether evidenced by this Agreement, Agreement or the Related Documents, Documents or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and to exercise its remedies. COLLATERAL INSPECTION/APPRAISAL COST REIMBURSEMENTMISCELLANEOUS PROVISIONS. Upon such frequency The following miscellaneous provisions are a part of this Agreement: Amendments: This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as Lender may determine and whether to the matters set forth in this Agreement. No alteration of or not Borrower or Grantor is in default, Lender amendment to this Agreement shall be entitled effective unless given in writing and signed by the party or parties sought to perform and Grantor shall cooperate with examinations, inspections, audits and appraisals as provided herein. Grantor shall maintain complete and accurate books and records with respect to Collateral. Upon advance notice be charged or bound by Lender to Grantor, Grantor shall permit access thereto by Lender and by Lender's designated representatives and agents for purposes of inspection, copying and/or auditing. Lender and Lender's designated representatives and agents shall also have the right upon advance notice to examine, inspect and/or appraise any Collateral wherever located. Subject to any limitations under applicable law, Grantor shall reimburse Lender for any professional fees alteration or other expenses incurred by Lender in connection with any examinations, inspections or audits of the books and records of Grantor and/or any examinations, inspections and/oramendment.

Obtain Deficiency. If Lender Lxxxxx chooses to sell any or all of the Collateral, Lender may obtain a judgment against Borrower Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in 1n this Agreement. Borrower Granter shall be liable for a deficiency even if the transaction described in this In th1s subsection is a 1sa sale of accounts or chattel paper. Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, . in equity, or otherwise. COMMERCIAL SECURITY AGREEMENT Election of Remedies. Except as may be prohibited by applicable law, all of Lender's Lxxxxx’s rights and remedies, whether evidenced by this Agreement, . the Related Documents, . or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender Lxxxxx to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor Granter under this Agreement, . after Grantor's Gxxxxxx’s failure to perform, shall not affect Lender's Lxxxxx’s right to declare a default and exercise its remedies. COUNTERPART SIGNATURES. THIS DOCUMENT MAY BE SIGNED IN ANY NUMBER OF COUNTERPARTS ALL OF WHICH COMBINED SHALL BE CONSIDERED ONE AND THE SAME DOCUMENT. CROSS COLLATERAL INSPECTION/APPRAISAL COST REIMBURSEMENTPROVISION. Upon such frequency as Lender may determine and whether or not Borrower or Grantor is in defaultALL COLLATERAL NOW OR HEREAFTER SUBJECT TO A SECURITY INTEREST OR LIE OF LENDER PURSUANI TO ANY OR ALL OF THE SECURITY AGREEMENTS BETWEEN BORROWER. AND LENDER SHALL SECURE ANY AND ALL OBLIGATIONS. AND ANY PROCEEDS OF ANY COLLATERAL MAY BE APPLIED TO ANY OF THE OBLIGATIONS AS LENDER MAY SEE FIT. SUBJECT TO APPLICABLE LAW. IN ADDITION TO AND NOT IN SUBSTITUTION FOR ANY PROVISION IN ANY OF THE SECURITY AGREEMENTS EVIDENCING OBLIGATIONS. IT IS AGREED THAT ANY DEFAULT OR BREACH BY BORROWER, Lender shall be entitled to perform and Grantor shall cooperate with examinationsIN PAYMENT OR DEFAULT UNDER ANY AGREEMENT EVIDENCING AN OBLIGATION SHALL. AT THE OPTION OF LENDER, inspections, audits and appraisals as provided hereinCONSTITUTE A DEFAULT UNDER EACH AND ALL LOAN DOCUMENTS EXECUTED BY THE BORROWER. Grantor shall maintain complete and accurate books and records with respect to CollateralIN FAVOR OF THE LENDER. Upon advance notice by Lender to Grantor, Grantor shall permit access thereto by Lender and by Lender's designated representatives and agents for purposes MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of inspection, copying and/or auditing. Lender and Lender's designated representatives and agents shall also have the right upon advance notice to examine, inspect and/or appraise any Collateral wherever located. Subject to any limitations under applicable law, Grantor shall reimburse Lender for any professional fees or other expenses incurred by Lender in connection with any examinations, inspections or audits of the books and records of Grantor and/or any examinations, inspections and/orthis Agreement:

Obtain Deficiency. If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Borrower Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Borrower Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper. Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. COLLATERAL INSPECTION/APPRAISAL COST REIMBURSEMENTCROSS DEFAULT CLAUSE. Upon such frequency as Lender may determine and whether or not Borrower or Grantor is in defaultIT IS UNDERSTOOD AND AGREED THAT IN THE EVENT A DEFAULT EXISTS UNDER THE LOANS HELD BY THE LENDER IN WHICH PET MED EXPRESS, Lender shall be entitled to perform and Grantor shall cooperate with examinationsINC. IS BORROWER THEREUNDER, inspectionsTHEN THE LENDER MAY, audits and appraisals as provided herein. Grantor shall maintain complete and accurate books and records with respect to Collateral. Upon advance notice by Lender to GrantorAT ITS OPTION, Grantor shall permit access thereto by Lender and by Lender's designated representatives and agents for purposes of inspection, copying and/or auditing. Lender and Lender's designated representatives and agents shall also have the right upon advance notice to examine, inspect and/or appraise any Collateral wherever located. Subject to any limitations under applicable law, Grantor shall reimburse Lender for any professional fees or other expenses incurred by Lender in connection with any examinations, inspections or audits of the books and records of Grantor and/or any examinations, inspections and/orDECLARE THE ENTIRE INDEBTEDNESS EVIDENCED HEREBY IMMEDIATELY DUE AND PAYABLE.

Obtain Deficiency. If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Borrower Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Borrower Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper. Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions provision of the Uniform Commercial Code, as may my be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. COLLATERAL INSPECTION/APPRAISAL COST REIMBURSEMENTADDITIONAL CROSS COLLATERALIZATION. Upon such frequency as Lender may determine In addition to the Note, this Agreement secures all obligations, debts and whether or not liabilities, plus interest thereon, of Borrower or Grantor is in defaultto Lender, Lender shall be entitled to perform and Grantor shall cooperate with examinationsor any one or ore of them, inspections, audits and appraisals as provided herein. Grantor shall maintain complete and accurate books and records with respect to Collateral. Upon advance notice well as all claims by Lender against Borrower or Grantor or any on or more of them, whether now existing or hereafter arising, whether related or unrelated to Grantor, Grantor shall permit access thereto by Lender and by Lender's designated representatives and agents for purposes of inspection, copying and/or auditing. Lender and Lender's designated representatives and agents shall also have the right upon advance notice to examine, inspect and/or appraise any Collateral wherever located. Subject to any limitations under applicable law, Grantor shall reimburse Lender for any professional fees or other expenses incurred by Lender in connection with any examinations, inspections or audits purpose of the books Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and records whether recovery upon such amounts may be or hereafter may become barred by any statue of Grantor and/or any examinationslimitations, inspections and/orand whether the obligation to repay such amounts may be or hereafter may become otherwise enforceable. CROSS DEFAULT CLAUSE. IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT A DEFAULT EXISTS UNDER THE LOANS HELD BY THE LENDER IN WHICH PET MED EXPRESS, INC. IS BORROWER THEREUNDER, THEN THE LENDER MAY, AT ITS OPTION, DECLARE THE ENTIRE INDEBTEDNESS EVIDENCED HEREBY IMMEDIATELY DUE AND PAYABLE.

Obtain Deficiency. If Lender Xxxxxx chooses to sell any or all of the Collateral, Lender may obtain a judgment against Borrower Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in In this Agreement. Borrower Grantor shall be liable for a deficiency even if If the transaction described in this subsection is Is a sale of accounts or chattel paper. Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Election of Remedies. , Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. , Election by Lender Xxxxxx to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after GrantorXxxxxxx's failure to perform, shall not affect LenderXxxxxx's right to declare a default and exercise its remedies. COLLATERAL INSPECTION/APPRAISAL COST REIMBURSEMENTFRAUDS DISCLOSURE. Upon such frequency as Lender may determine and whether or not Borrower or Grantor is in defaultUNDER OREGON LAW, Lender shall be entitled to perform and Grantor shall cooperate with examinationsMOST AGREEMENTS, inspectionsPROMISES AND COMMITMENTS MADE BY US (LENDER) CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, audits and appraisals as provided hereinFAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWER'S RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY US TO BE ENFORCEABLE. Grantor shall maintain complete and accurate books and records with respect to Collateral. Upon advance notice by Lender to Grantor, Grantor shall permit access thereto by Lender and by Lender's designated representatives and agents for purposes of inspection, copying and/or auditing. Lender and Lender's designated representatives and agents shall also have the right upon advance notice to examine, inspect and/or appraise any Collateral wherever located. Subject to any limitations under applicable law, Grantor shall reimburse Lender for any professional fees or other expenses incurred by Lender in connection with any examinations, inspections or audits of the books and records of Grantor and/or any examinations, inspections and/orCOMMERCIAL SECURITY AGREEMENT Loan No: 6001 (Continued)

Obtain Deficiency. If Lender Xxxxxx chooses to sell any or all of the Collateral, Lender may obtain a judgment against Borrower Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided 'in this Agreement. Borrower Grantor shall be liable for a deficiency even if If the transaction described in this subsection is a sale of accounts or chattel paper. Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the tile provisions of the tile Uniform Commercial Code, as Code mg may be amended from time to time. In addition, . Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender Xxxxxx to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after GrantorXxxxxxx's failure to perform, shall not affect LenderXxxxxx's right to declare a default and exercise its remedies. COLLATERAL INSPECTION/APPRAISAL COST REIMBURSEMENTFRAUDS DISCLOSURE. Upon such frequency as Lender may determine and whether or not Borrower or Grantor is in defaultUNDER OREGON LAW, Lender shall be entitled to perform and Grantor shall cooperate with examinationsMOST AGREEMENTS, inspectionsPROMISES AND COMMITMENTS MADE BY US (LENDER) AFTER OCTOBER 3, audits and appraisals as provided herein2989 CONVERNING LOANS AND OTHER CREDIT EXTENSION WHICH ARE NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWERS RESIDENCE MUST BE IN WRITING, EXPRESS CONSIDERATION AND BE SIGNED BY US TO BE ENFORCEABLE. Grantor shall maintain complete and accurate books and records with respect to CollateralCOMMERCIAL SECURITY AGREEMENT MISCELLANEOUS PROVISIONS. Upon advance notice by Lender to Grantor, Grantor shall permit access thereto by Lender and by Lender's designated representatives and agents for purposes The following miscellaneous provisions are a part of inspection, copying and/or auditing. Lender and Lender's designated representatives and agents shall also have the right upon advance notice to examine, inspect and/or appraise any Collateral wherever located. Subject to any limitations under applicable law, Grantor shall reimburse Lender for any professional fees or other expenses incurred by Lender in connection with any examinations, inspections or audits of the books and records of Grantor and/or any examinations, inspections and/orthis Agreement:

Obtain Deficiency. If Lender Xxxxxx chooses to sell any or all of the Collateral, Lender may obtain a judgment against Borrower Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Borrower Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper. Other Rights and Remedies. Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise. Election of Remedies. Except as may be prohibited by applicable law, all of Lender's rights and remedies, whether evidenced by this Agreement, the Related Documents, or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Lender Xxxxxx to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Agreement, after GrantorXxxxxxx's failure to perform, shall not affect LenderXxxxxx's right to declare a default and exercise its remedies. COLLATERAL INSPECTION/APPRAISAL COST REIMBURSEMENT. Upon such frequency as Lender may determine and whether or not Borrower or Grantor is in default, Lender shall be entitled to perform and Grantor shall cooperate with examinations, inspections, audits and appraisals as provided herein. Grantor shall maintain complete and accurate books and records with respect to Collateral. Upon advance notice by Lender Xxxxxx to Grantor, Grantor shall permit access thereto by Lender Xxxxxx and by LenderXxxxxx's designated representatives and agents for purposes of inspection, copying and/or auditing. Lender and LenderXxxxxx's designated representatives and agents shall also have the right upon advance notice to examine, inspect and/or appraise any Collateral wherever located. Subject to any limitations under applicable law, Grantor shall reimburse Lender for any professional fees or other expenses incurred by Lender in connection with any examinations, inspections or audits of the books and records of Grantor and/or any examinations, inspections and/orand/or appraisals of the Collateral. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.