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 Bank; (c) in Bank's own name, or in the name of Debtor, demand, collect, receive, sue xxx, and give receipts and releases 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 Bank (or to any assignee of Bank 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 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 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 Texas (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank may enter Bank shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Bank's willful or grossly negligent omission or act. In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Appears in 2 contracts

Samples: Inspire Insurance Solutions Inc, Inspire Insurance Solutions Inc

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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 BankLender; (c) in BankLender's own name, or in the name of Debtor, demand, collect, receive, sue xxxfor, and give receipts and releases forfxx, 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 Bank Lender (or to any assignee of Bank 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 Bank 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 Bank 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 Texas NORTH CAROLINA (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Lender may enter Bank 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 BankLender's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Lender shall have no duty to take any action to preserve or collect the Collateral.

Appears in 2 contracts

Samples: Security Agreement (Frisby Technologies Inc), Security Agreement (Frisby Technologies Inc)

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 BankSecured Party; (c) in BankSecured Party's own name, or in the name of Debtor, demand, collect, receive, sue xxxxxx for, and give receipts and releases 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 Bank Secured Party (or to any assignee of Bank Secured Party 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 Bank 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 Bank 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 Texas Tennessee (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Secured Party may enter Bank Debtor's premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Secured Party's demand, promptly make the Collateral or other security available to Secured Party at a place designated by Secured Party, which place shall be reasonably convenient to both parties. Secured Party shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by BankSecured Party's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Secured Party shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Axis Technologies Group Inc)

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 BankLender; (c) in BankLender's own name, or in the name of Debtor, demand, collect, receive, sue xxxxxx for, and give receipts and releases 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 Bank Lender (or to any assignee of Bank 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 Bank 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 Bank 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 Texas Florida (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Lender may enter Bank 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 BankLender's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Lender shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Florida Public Utilities Co)

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 Bank; (c) in Bank's own name, or in the name of Debtor, demand, collect, receive, sue xxxfor, and give receipts and releases for, any and all amounts due under xxxer 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 Bank (or to any assignee of Bank 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 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 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 Texas Florida (hereinafter referred to as the "UCC")). In taking possession of the Collateral 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 Bank's demand, promptly make the Collateral or other security available to Bank at a place designated by Bank, which place shall be reasonably convenient to both parties. Bank shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Bank's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Petmed Express Inc)

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 BankSecured Party; (c) in Bank's Secured Party’s own name, or in the name of Debtor, demand, collect, receive, sue xxxxxx for, and give receipts and releases 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 Bank Secured Party (or to any assignee of Bank Secured Party or to any purchaser of any of the Collateral) of all of Debtor's ’s permits, licenses, approvals, agreements, and the like relating to the Collateral or to Debtor's ’s business; (f) take any other action which Bank 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 Bank 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 Texas (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Collateral, Secured Party may enter Bank Debtor’s premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Secured Party’s demand, promptly make the Collateral or other security available to Secured Party. Secured Party shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Bank's Secured Party’s willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Secured Party shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Apollo Resources International Inc)

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 BankLender; (c) in BankLender's own name, or in the name of Debtor, demand, collect, receive, sue xxxfor, and give receipts and releases releasxx 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, documents or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Bank Lender (or to any assignee of Bank 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 Bank 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 Bank 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 Texas NORTH CAROLINA (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Lender may enter Bank 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 BankLender's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Lender shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Frisby Technologies Inc)

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 Bank; (c) in Bank's ’s own name, or in the name of Debtor, demand, collect, receive, sue xxxxxx for, and give receipts and releases for, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documentsdocument, or instruments instrument forming all or any part of the Collateral; (e) make formal application for transfer to Bank (or to any assignee of Bank or to any purchaser of any of the Collateral) of all of Debtor's ’s permits, licenses, approvals, agreements, and the like relating to the Collateral or to Debtor's ’s business; (f) take any other action which 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 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 Texas North Carolina (hereinafter referred to as the "UCC")). In taking possession of the Collateral 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 Bank’s demand, promptly make the Collateral or other security available to Bank at a place designated by Bank, which place shall be reasonably convenient to both parties. Bank shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages damage to the Collateral, unless caused by Bank's ’s willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Fountain Powerboat Industries Inc)

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 BankLender; (c) in BankLender's own name, or in the name of Debtor, demand, collect, receive, sue xxxxxr, and give receipts and releases 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, documents or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Bank Lender (or to any assignee of Bank 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 Bank 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 Bank 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 Texas NEW YORK (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Lender may enter Bank 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 BankLender's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Lender shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Frisby Technologies Inc)

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 BankLender; (c) in BankLender's own name, or in the name of Debtor, demand, collect, receive, sue xxxxxx for, and give receipts and releases 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, documents or instruments forming all or any part of the Collateral; (e) make formal application for transfer to Bank Lender (or to any assignee of Bank 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 Bank 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 Bank 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 Texas NORTH CAROLINA (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Lender may enter Bank 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 BankLender's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Lender shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Frisby Technologies Inc)

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 Bank; (c) in Bank's own name, or in the name of Debtor, demand, collect, receive, sue xxxsxx for, and give receipts and releases 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 Bank (or to any assignee of Bank 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 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 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 Texas Maryland (hereinafter referred to as the "UCC")). In taking possession of the Collateral 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 Bank"s demand, promptly make the Collateral or other security available to Bank at a place designated by Bank, which place MD071 12 Approved: 07/01/95 jt Revised: 08/30/99 shall be reasonably convenient to both parties. Bank shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Bank's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Rent a Wreck of America Inc

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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 BankSecured Party; (c) in Bank's Secured Party’s own name, or in the name of Debtor, demand, collect, receive, sue xxx, and give receipts and releases for, any and all amounts due under such accounts and contract rights; (d) indorse as the agent of Debtor any check, note, chattel paper, documentsdocument, or instruments instrument forming all or any part of the Collateral; (e) make formal application for transfer to Bank Secured Party (or to any assignee of Bank Secured Party) or to any purchaser of any of the Collateral) of all of Debtor's ’s permits, licenses, approvals, agreements, and the like relating to the Collateral or to Debtor's ’s business; (f) take any other action which Bank 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 Bank 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 Texas North Carolina (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Collateral, Secured Party may enter Bank Debtor’s premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Secured Party’s demand, promptly make the Collateral or other security available to Secured Party at a place designated by Secured Party, which place shall be reasonably convenient to both parties. Secured Party shall not be liable for, nor or be prejudiced by, any loss, depreciation or other damages damage to the Collateral, unless caused by Bank's Secured Party’s willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Secured Party shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Fountain Powerboat Industries Inc)

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 Bank; (c) in Bank's own name, or in the name of Debtor, demand, collect, receive, sue xxxxxx for, and give receipts and releases 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 Bank (or to any assignee of Bank 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 Debtors business; (f) @ take any other action which 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 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 Texas Maryland (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank may enter Debtors premises and otherwise proceed without legal process, if this can be done without breach of the peace. Debtor shall, upon Bank's demand, promptly make the Collateral or other security available to Bank at a place designated by Bank, which place shall be reasonably convenient to both parties. Bank shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Bank's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Loan Agreement (Opnet Technologies Inc)

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 BankLender; (c) in BankLender's own name, or in the name of Debtor, demand, collect, receive, sue xxxxxx for, and give receipts and releases 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 Bank Lender (or to any assignee of Bank 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 Bank 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 Bank 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 Texas Florida (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Lender may enter Bank 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 BankLender's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Lender shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Loan Agreement (Medical Technology Systems Inc /De/)

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 Bank; (c) in Bank's own name, or in the name of Debtor, demand, collect, receive, sue xxx, and give receipts and releases for, any and all amounts due under such accounts and contract rights; (d) indorse endorse 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 Bank (or to any assignee of Bank 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 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 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 Texas (hereinafter referred to as the "UCC")). In taking possession of the Collateral 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 Bank's demand, promptly make the Collateral or other security available to Bank at a place designated by Bank, which place shall be reasonably convenient to both parties. Bank shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Bank's willful or grossly negligent omission or act. In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Inspire Insurance Solutions Inc

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 Bank; (c) in Bank's own name, or in the name of Debtor, demand, collect, receive, sue xxxsxx for, and give receipts and releases 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 Bank (or to any assignee of Bank 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 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 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 Texas Maryland (hereinafter referred to as the "UCC")). In taking possession of the Collateral 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 Bank's demand, promptly make the Collateral or other security available to Bank at a place designated by Bank, which place shall be reasonably convenient to both parties. Bank shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Bank's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Rent a Wreck of America Inc

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 Bank; (c) in Bank's own name, or in the name of Debtor, demand, collect, receive, sue xxx, and give receipts and releases 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 Bank (or to any assignee of Bank 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 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 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 Texas North Carolina (hereinafter referred to as the "UCC")). In taking possession of the Collateral 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 Bank's demand, promptly make the Collateral or other security available to Bank at a place designated by Bank, which place shall be reasonably convenient to both parties. Bank shall not be liable for, nor be prejudiced by, any loss, depreciation or other damages to the Collateral, unless caused by Bank's willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (American Aircarriers Support Inc)

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 BankLender; (c) in Bank's Lender’s own name, or in the name of Debtor, demand, collect, receive, sue xxxxxx for, and give receipts and releases 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 Bank Lender (or to any assignee of Bank Lender or to any purchaser of any of the Collateral) of all of Debtor's ’s permits, licenses, approvals, agreements, and the like relating to the Collateral or to Debtor's ’s business; (f) take any other action which Bank 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 Bank 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 Texas Florida (hereinafter referred to as the "UCC")). In taking possession of the Collateral Bank Lender may enter Bank 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 Bank's Lender’s willful or grossly negligent omission or and malicious act. In the absence of gross negligence or willful misconduct, Bank Lender shall have no duty to take any action to preserve or collect the Collateral.

Appears in 1 contract

Samples: Security Agreement (Tri-S Security Corp)

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