Other Recourse and Remedies. Lionhart, LHI and GEP each shall have all the remedies of a creditor and a secured party under the New Jersey Uniform Commercial Code and all other applicable law, and as otherwise provided by applicable law, including but not limited to, the following: (1) Possession/Sale. Lionhart, LHI and/or GEP shall have the right, without notice to Miami, and without liability for any diminution in price that may have occurred, sell all or any amount or part of the Pledged Bedminster Shares in such a manner and for such a price as may be determined by Lionhart, LHI and GEP. Without limiting any rights or remedies that are otherwise available to Lionhart, LHI and/or GEP, at any bona fide public sale, Lionhart, LHI and/or GEP shall have the sole right and authority to bid for and otherwise purchase any amount or part of the Pledged Bedminster Shares. If, and in the event, Lionhart, LHI and/or GEP do sell any such amount or part of the Pledged Bedminster Shares at any such sale (public or private), the proceeds derived from any such sale, after the payment and discharge of expenses (including, if applicable, reasonable expenses of retaking, holding, preparing for sale, selling and the like, and reasonable attorneys' fees that relate to or arise from any such sale), shall be applied or otherwise credited to the payment of Principal and Interest and other charges under the Mortgage Note, pursuant to Section 2 thereof.
Appears in 1 contract
Samples: Compost Stock Pledge Agreement (Compost America Holding Co Inc)
Other Recourse and Remedies. Lionhart, LHI and GEP each shall have all the remedies of a creditor and a secured party and creditor under the New Jersey Uniform Commercial Code and all other applicable lawof the State of New Jersey, and as otherwise provided by applicable law, including but not limited to, to the following:
(1) Possession/Sale. Lionhart, LHI and/or and GEP shall have may use self-help with respect to the rightCollateral, without notice to Miamimay take possession of the Collateral, or any part of it, and without liability for any diminution in price that may have occurreduse it, or sell all it, or any amount or part of it, at any public or private sale, after having taken possession of the Pledged Bedminster Shares in such a manner Collateral, or any part of it. For purposes of taking possession, Lionhart, LHI and for such a price as GEP may enter upon any premises on which the Collateral may be determined situated without legal process and remove the Collateral. Compost, Miami and Bedminster each hereby releases Lionhart, LHI and GEP from any claims arising from such removal and shall hold Lionhart, LHI and GEP harmless from any liability resulting therefrom. Lionhart, LHI and GEP may require Compost, Miami and/or Bedminster to assemble the Collateral and make it available at a place to be designated by Lionhart, LHI and GEPGEP which is reasonably convenient to all parties. Without limiting any rights Unless the Collateral threatens to decline speedily in value or remedies that are otherwise available to Lionhart, LHI and/or GEP, at any bona fide public saleis of a type customarily sold on a recognized market, Lionhart, LHI and/or GEP shall have the sole right and authority to bid for and otherwise purchase any amount or part give Compost, Miami and/or Bedminster at least thirty (30) days' prior written notice of the Pledged Bedminster Shares. If, time and in the event, Lionhart, LHI and/or GEP do sell place of any such amount public sale thereof or part of the Pledged Bedminster Shares at time after which any such private sale (public or private), the proceeds derived from any such sale, after the payment and discharge of expenses (including, if applicable, other intended disposition thereof is to be made. The reasonable expenses of retaking, holding, preparing for sale, selling and the like, and reasonable attorneys' fees that relate to or arise from any such sale)and expenses incurred by Lionhart, LHI and/or GEP shall be applied or otherwise credited to paid from the payment proceeds of Principal and Interest and other charges under the Mortgage Note, pursuant to Section 2 thereofdisposition.
Appears in 1 contract
Samples: Pledge and Security Agreement (Compost America Holding Co Inc)
Other Recourse and Remedies. Lionhart, LHI and GEP each shall have all the remedies of a creditor and a secured party under the New Jersey Uniform Commercial Code and all other applicable law, and as otherwise provided by applicable law, including but not limited to, the following:
(1) Possession/Sale. Lionhart, LHI and/or GEP shall have the right, without notice to MiamiCompost, and without liability for any diminution in price that may have occurred, sell all or any amount or part of the Pledged Bedminster Compost Shares in such a manner and for such a price as may be determined by Lionhart, LHI and GEP. Without limiting any rights or remedies that are otherwise available to Lionhart, LHI and/or GEP, at any bona fide public sale, Lionhart, LHI and/or GEP shall have the sole right and authority to bid for and otherwise purchase any amount or part of the Pledged Bedminster Compost Shares. If, and in the event, Lionhart, LHI and/or GEP do sell any such amount or part of the Pledged Bedminster Compost Shares at any such sale (public or private), the proceeds derived from any such sale, after the payment and discharge of expenses (including, if applicable, reasonable expenses of retaking, holding, preparing for sale, selling and the like, and reasonable attorneys' fees that relate to or arise from any such sale), shall be applied or otherwise credited to the payment of Principal and Interest and other charges under the Mortgage Note, pursuant to Section 2 thereof.
Appears in 1 contract
Samples: Compost Stock Pledge Agreement (Compost America Holding Co Inc)
Other Recourse and Remedies. Lionhart, LHI and GEP each shall have all the remedies of a creditor and a secured party under the New Jersey Uniform Commercial Code and all other applicable law, and as otherwise provided by applicable law, including but not limited to, the following:
(1) Possession/Sale. Lionhart, LHI and/or GEP shall have the right, without notice to MiamiCompost and/or Mestre, and without liability for any diminution in price that may have occurred, sell all or any amount or part of the Pledged Bedminster Miami Shares in such a manner and for such a price as may be determined by Lionhart, LHI and GEP. Without limiting any rights or remedies that are otherwise available to Lionhart, LHI and/or GEP, at any bona fide public sale, Lionhart, LHI and/or GEP shall have the sole right and authority to bid for and otherwise purchase any amount or part of the Pledged Bedminster Miami Shares. If, and in the event, Lionhart, LHI and/or GEP do sell any such amount or part of the Pledged Bedminster Miami Shares at any such sale (public or private), the proceeds derived from any such sale, after the payment and discharge of expenses (including, if applicable, reasonable expenses of retaking, holding, preparing for sale, selling and the like, and reasonable attorneys' fees that relate to or arise from any such sale), shall be applied or otherwise credited to the payment of Principal and Interest and other charges under the Mortgage Note, pursuant to Section 2 thereof.
Appears in 1 contract
Samples: Compost Stock Pledge Agreement (Compost America Holding Co Inc)