POWER OF ENFORCEMENT. If an Event of Default shall have occurred, Mortgagee may, either with or without entry or taking possession as hereinabove provided or otherwise, proceed by suit or suits at law or in equity or by any other appropriate proceeding or remedy: (a) to enforce payment of the Note or the performance of any term hereof or any other right; (b) to foreclose this Mortgage and to sell, in its entirety separate lots or parcels, the Mortgaged Property under the judgment or decree of a court or courts of competent jurisdiction; and (c) to pursue any other remedy available to it. Mortgagee shall take action either by such proceedings or by the exercise of its powers with respect to entry or taking possession, or both, as Mortgagee may determine.
POWER OF ENFORCEMENT. Upon the occurrence and during the continuance, of an Event of Default, Bank may do, seek to be done and have done by itself, or others on Bank’s behalf, any one or more of the following, whether or not Bank accelerates payment: (1) limit, restrict, suspend or terminate Bank’s obligation to make Disbursements under this Agreement to Borrower or any other person; (2) pay any sums for which Borrower or any other Obligor is or may in the future be obligated hereunder or under any of the other Loan Documents; (3) take possession and control of all, or such part or parts of the Collateral, or interests therein, as Bank may elect, through Bank’s own actions or those of Bank’s authorized representatives, or through appropriate legal or equitable proceedings, including obtaining the appointment of a receiver or other similar official to enter upon and take possession of, and control and management over any and all of the Collateral or interests therein; (4) perform or cause to be performed the obligations of Borrower, any other Obligor or any other person under this Agreement or any of the other Loan Documents, and perform or cause to be performed any other acts Bank deems advisable, including in all the foregoing instances, management of the Collateral by Bank exercising the rights and remedies granted in the paragraph below entitled “Management of Collateral” and by Bank exercising any other rights and remedies afforded to Bank elsewhere in the Loan Documents; (5) foreclose or authorize the foreclosure of all and any part or parts of the Collateral, or interests therein, under any powers of sale granted in the Loan Documents or through a judgment or decree of a court or courts of competent jurisdiction; and (6) exercise or pursue any other rights and remedies available to Bank under the Loan Documents, at law or in equity, including any one or more of the following: Bank’s right of set-off; Bank’s right of recoupment; suits in equity; actions at law; and other appropriate legal, equitable and administrative proceedings to enforce full payment and performance.
POWER OF ENFORCEMENT. If a Mortgage Default shall have occurred and be continuing, Select Energy shall have the right--
(a) except with respect to a Mortgage Default as defined in Section 5.1(e) hereof, to accelerate the entire remaining unpaid Prepaid Power Balance (as defined in the Purchase Agreement) together with all other amounts required to be paid in conjunction with the payment of such Prepaid Power Balance at such time, in accordance with Sections 7.2 and 7.3 of the Purchase Agreement; and
(b) subject to Section 5.3 hereof, either with or without entry or taking possession as herein provided or otherwise, to proceed by suit or suits at law or in equity or by any other appropriate proceeding or remedy (i) to enforce the performance of the Secured Obligations, (ii) to foreclose the mortgage lien of this Mortgage and to cause to be sold as an entirety or in separate lots or parcels the Mortgaged Property, under the judgment or decree of a court or courts of competent jurisdiction or under the provisions of this Mortgage, (iii) to exercise any and all of the rights and remedies of a secured
POWER OF ENFORCEMENT. If a Mortgage Default shall have occurred and be continuing, Select Energy shall have the right--
(a) except with respect to a Mortgage Default as defined in Section 5.1(e) hereof, to accelerate the entire remaining unpaid Prepaid Power Balance (as defined in the Purchase Agreement) together with all other amounts required to be paid in conjunction with the payment of such Prepaid Power Balance at such time, in accordance with Sections 7.2 and 7.3 of the Purchase Agreement; and
(b) subject to Section 5.3 hereof, either with or without entry or taking possession as herein provided or otherwise, to proceed by suit or suits at law or in equity or by any other appropriate proceeding or remedy (i) to enforce the performance of the Secured Obligations, (ii) to foreclose the mortgage lien of this Mortgage and to cause to be sold as an entirety or in separate lots or parcels the Mortgaged Property, under the judgment or decree of a court or courts of competent jurisdiction or under the provisions of this Mortgage, (iii) to exercise any and all of the rights and remedies of a secured creditor under the laws of the State of New Hampshire, (iv) to take possession of any or all of the Mortgaged Property, and (v) to pursue any other remedy available to it, as Select Energy shall deem most effectual for such purpose. LBP agrees to reimburse Select Energy for all reasonable costs and expenses incurred by Select Energy in pursuing any enforcement remedy authorized by this Section 5.2 or otherwise authorized under the Purchase Agreement or this Mortgage, including but not limited to reasonable attorneys' fees.
POWER OF ENFORCEMENT. If Xxxxxxxxx's Obligations have been accelerated, Mortgagee, at its option, may do any one or more of the following:
(a) Sell the Mortgaged Property or any part of the Mortgaged Property at one or more public sale or sales at the usual place for conducting sales in the county in which the Premises or any part of the Premises is situated, to the highest bidder for cash, in order to pay the Mortgagor's Obligations, and all expenses of sale and of all proceedings in connection therewith, including reasonable attorneys' fees, after advertising the time, place and terms of sale once a week for four (4) weeks immediately preceding such sale (but without regard to the number of days) in a newspaper in which sheriff's sales are advertised in said county, all other notices being hereby waived by the Mortgagor. At any such public sale, the Mortgagee may execute and deliver to the purchaser a conveyance of the Mortgaged Property or any part of the Mortgaged Property in fee simple, without warranty on behalf of Mortgagor; and to this end Mortgagor hereby constitutes and appoints the Mortgagee the agent and attorney-in-fact of Mortgagor to make such sale and conveyance, and thereby to divest Mortgagor of all right, title and equity that Mortgagor may have in and to the Mortgaged Property and to vest the same in the purchaser or purchasers at such sale or sales, and all the acts and doings of said agent and attorney-in-fact are hereby ratified and confirmed, and any recitals in said conveyance or conveyances as to facts essential to a valid sale shall be binding upon Mortgagor absent manifest error. The aforesaid power of sale and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and shall not be exhausted by one exercise thereof but may be exercised until full payment of all of the Mortgagor's Obligations. In the event of any sale under this Mortgage by virtue of the exercise of the powers herein granted, or pursuant to any order in any judicial proceeding or otherwise, the Mortgaged Property may be sold as an entirety or in separate parcels and in such manner or order as the Mortgagee in its discretion may elect, and if the Mortgagee so elects, the Mortgagee may sell the personal property covered by this Mortgage at one or more separate sales in any manner permitted by the U.C.C. (hereinafter defined), and one or more exercises of the powers herein granted shall not extinguish nor exhaust such powers, until the entire Mortga...
