Common use of Possession and Collection of the Collateral Clause in Contracts

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent or Broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to Lender; (c) in Lender's own name, or in the name of Debtor, demand, collect, receive, sue for, and give receipts and releases fxx, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Lender (or to any assignee of Lender or to any purchaser of any of the Collateral) of all of Debtor's permits, licenses, approvals, agreements and the like relating to the Collateral or to Debtor's business; (f) take any other action which Lender deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender under any other provision of this Agreement, under any of the other Loan Documents, or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA (hereinafter referred to as the "UCC")). In taking possession of the Collateral Lender may enter Debtor's premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's demand, promptly make the Collateral or other security available to Lender at a place designated by Lender, which place shall be reasonably convenient to both parties. Lender shall not be liable for nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Lender's willful and malicious act. Lender shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent or Broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to LenderBank; (c) in LenderBank's own name, or in the name of Debtor, demand, collect, receive, sue forxxx, and give receipts and releases fxxfor, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents documents, or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Lender Bank (or to any assignee of Lender Bank or to any purchaser of any of the Collateral) of all of Debtor's permits, licenses, approvals, agreements agreements, and the like relating to the Collateral or to Debtor's business; (f) take any other action which Lender Bank deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender Bank under any other provision of this Agreement, under any of the other Loan Documents, or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA Texas (hereinafter referred to as the "UCC")). In taking possession of the Collateral Lender Bank may enter Debtor's premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's demand, promptly make the Collateral or other security available to Lender at a place designated by Lender, which place shall be reasonably convenient to both parties. Lender Bank shall not be liable for for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by LenderBank's willful and malicious or grossly negligent omission or act. Lender In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, manage or sell, or instruct any Agent agent or Broker broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to LenderSecured Party; (c) in Lender's Secured Party’s own name, or in the name of Debtor, demand, collect, receive, sue forxxx, and give receipts and releases fxxfor, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents document, or instruments instrument forming all or any part of the Collateral; (e) make formal application for transfer to Lender Secured Party (or to any assignee of Lender Secured Party) or to any purchaser of any of the Collateral) of all of Debtor's ’s permits, licenses, approvals, agreements agreements, and the like relating to the Collateral or to Debtor's ’s business; (f) take any other action which Lender Secured Party deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender Secured Party under any other provision of this Agreement, under any of the other Loan Documents, Agreement or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA North Carolina (hereinafter referred to as the "“UCC"”)). In taking possession of the Collateral Lender Collateral, Secured Party may enter Debtor's ’s premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's Secured Party’s demand, promptly make the Collateral or other security available to Lender Secured Party at a place designated by LenderSecured Party, which place shall be reasonably convenient to both parties. Lender Secured Party shall not be liable for nor for, or be prejudiced by, any loss, depreciation or other damages damage to the Collateral, unless caused by Lender's Secured Party’s willful and malicious act. Lender Secured Party shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent agent or Broker broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to LenderBank; (c) in Lender's Bank’s own name, or in the name of Debtor, demand, collect, receive, sue xxx for, and give receipts and releases fxxfor, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents document, or instruments instrument forming all or any part of the Collateral; (e) make formal application for transfer to Lender Bank (or to any assignee of Lender Bank or to any purchaser of any of the Collateral) of all of Debtor's ’s permits, licenses, approvals, agreements agreements, and the like relating to the Collateral or to Debtor's ’s business; (f) take any other action which Lender Bank deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender Bank under any other provision of this Agreement, under any of the other Loan Documents, Agreement or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA North Carolina (hereinafter referred to as the "“UCC"”)). In taking possession of the Collateral Lender Bank may enter Debtor's ’s premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's Bank’s demand, promptly make the Collateral or other security available to Lender Bank at a place designated by LenderBank, which place shall be reasonably convenient to both parties. Lender Bank shall not be liable for for, nor be prejudiced by, any loss, depreciation or other damages damage to the Collateral, unless caused by Lender's Bank’s willful and malicious act. Lender Bank shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent agent or Broker broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to Lender; (c) in Lender's own name, or in the name of Debtor, demand, collect, receive, sue xxx for, and give receipts and releases fxxfor, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents documents, or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Lender (or to any assignee of Lender or to any purchaser of any of the Collateral) of all of Debtor's permits, licenses, approvals, agreements agreements, and the like relating to the Collateral or to Debtor's business; (f) take any other action which Lender deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender under any other provision of this Agreement, under any of the other Loan Documents, or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA Florida (hereinafter referred to as the "UCC")). In taking possession of the Collateral Lender may enter Debtor's premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's demand, promptly make the Collateral or other security available to Lender at a place designated by Lender, which place shall be reasonably convenient to both parties. Lender shall not be liable for for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Lender's willful and malicious act. Lender shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent agent or Broker broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to LenderSecured Party; (c) in LenderSecured Party's own name, or in the name of Debtor, demand, collect, receive, sue xxx for, and give receipts and releases fxxfor, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents documents, or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Lender Secured Party (or to any assignee of Lender Secured Party or to any purchaser of any of the Collateral) of all of Debtor's permits, licenses, approvals, agreements agreements, and the like relating to the Collateral or to Debtor's business; (f) take any other action which Lender Secured Party deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender Secured Party under any other provision of this Agreement, under any of the other Loan Documents, or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA Tennessee (hereinafter referred to as the "UCC")). In taking possession of the Collateral Lender Secured Party may enter Debtor's premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon LenderSecured Party's demand, promptly make the Collateral or other security available to Lender Secured Party at a place designated by LenderSecured Party, which place shall be reasonably convenient to both parties. Lender Secured Party shall not be liable for for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by LenderSecured Party's willful and malicious act. Lender Secured Party shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent agent or Broker broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to LenderSecured Party; (c) in Lender's Secured Party’s own name, or in the name of Debtor, demand, collect, receive, sue xxx for, and give receipts and releases fxxfor, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents documents, or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Lender Secured Party (or to any assignee of Lender Secured Party or to any purchaser of any of the Collateral) of all of Debtor's ’s permits, licenses, approvals, agreements agreements, and the like relating to the Collateral or to Debtor's ’s business; (f) take any other action which Lender Secured Party deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender Secured Party under any other provision of this Agreement, under any of the other Loan Documents, or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA Texas (hereinafter referred to as the "“UCC")”). In taking possession of the Collateral Lender Collateral, Secured Party may enter Debtor's ’s premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's Secured Party’s demand, promptly make the Collateral or other security available to Lender at a place designated by Lender, which place shall be reasonably convenient to both partiesSecured Party. Lender Secured Party shall not be liable for for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Lender's Secured Party’s willful and malicious act. Lender Secured Party shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent or Broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to Lender; (c) in Lender's own name, or in the name of Debtor, demand, collect, receive, sue for, and give receipts and releases fxxreleasxx for, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Lender (or to any assignee of Lender or to any purchaser of any of the Collateral) of all of Debtor's permits, licenses, approvals, agreements and the like relating to the Collateral or to Debtor's business; (f) take any other action which Lender deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender under any other provision of this Agreement, under any of the other Loan Documents, or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA (hereinafter referred to as the "UCC")). In taking possession of the Collateral Lender may enter Debtor's premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's demand, promptly make the Collateral or other security available to Lender at a place designated by Lender, which place shall be reasonably convenient to both parties. Lender shall not be liable for nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Lender's willful and malicious act. Lender shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent or Broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to Lender; (c) in Lender's own name, or in the name of Debtor, demand, collect, receive, sue xxx for, and give receipts and releases fxxfor, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Lender (or to any assignee of Lender or to any purchaser of any of the Collateral) of all of Debtor's permits, licenses, approvals, agreements and the like relating to the Collateral or to Debtor's business; (f) take any other action which Lender deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender under any other provision of this Agreement, under any of the other Loan Documents, or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA (hereinafter referred to as the "UCC")). In taking possession of the Collateral Lender may enter Debtor's premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's demand, promptly make the Collateral or other security available to Lender at a place designated by Lender, which place shall be reasonably convenient to both parties. Lender shall not be liable for nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Lender's willful and malicious act. Lender shall have no duty to take any action to preserve or collect the Collateral.

Possession and Collection of the Collateral. At its option: (a) take possession or control of, store, lease, operate, manage, sell, or instruct any Agent or Broker to sell or otherwise dispose of, all or any part of the Collateral; (b) notify all parties parties; under any account or contract right forming all or any part of the Collateral to make any payments otherwise due to Debtor directly to Lender; (c) in Lender's ’s own name, or in the name of Debtor, demand, collect, receive, sue xxx for, and give receipts and releases fxxfor, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documents documents, or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Lender (or to any assignee of Lender or to any purchaser of any of the Collateral) of all of Debtor's ’s permits, licenses, approvals, agreements agreements, and the like relating to the Collateral or to Debtor's ’s business; (f) take any other action which Lender deems necessary or desirable to protect and realize upon its security interest in the Collateral; and (g) in addition to the foregoing, and not in substitution therefor, exercise any one or more of the rights and remedies exercisable by Lender under any other provision of this Agreement, under any of the other Loan Documents, or as provided by applicable law (including, without limitation, the Uniform Commercial Code as in effect in NORTH CAROLINA Florida (hereinafter referred to as the "“UCC"”)). In taking possession of the Collateral Lender may enter Debtor's ’s premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Lender's ’s demand, promptly make the Collateral or other security available to Lender at a place designated by Lender, which place shall be reasonably convenient to both parties. Lender shall not be liable for for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Lender's ’s willful and malicious act. Lender shall have no duty to take any action to preserve or collect the Collateral.