Realization Sample Clauses

Realization. The Debtor acknowledges and agrees that the Secured Party may realize upon various securities securing the Obligations or any part thereof in such order as it may be advised and any such realization by any means upon any security or any part thereof will not bar realization upon any other security or the security hereby constituted or parts thereof.

Realization. CIBC or a Receiver may use, collect, sell, lease or otherwise dispose of, realize upon, release to the Customer or other Persons and otherwise deal with, the Collateral in such manner, upon such terms (including among other things by arrangement providing for deferred payment) and at such times as CIBC or the Receiver considers appropriate. CIBC or the Receiver may make any sale, lease or other disposition of the Collateral in the name of and on behalf of the Customer or otherwise.

Realization. 11.1 The Agent will not, nor will it be entitled to, demand payment pursuant to this Debenture or enforce the Security Interest unless and until an Event of Default occurs and is continuing, but thereafter the Agent, as agent for the Secured Party may at any time exercise and enforce all of the rights and remedies of a holder of this Debenture in accordance with and subject to the Note Documents as if the Agent was the absolute owner hereof, subject to Article 12 hereof and provided that the Agent will not be bound to exercise any such right or remedy.

Realization. Proceed to protect and enforce its rights and remedies under the Loan Documents and avail itself of any other relief to which the Bank may be legally or equitably entitled.

Realization. 10.1 Upon the occurrence of an Event of Default and during the continuance thereof, the Agent shall without further notification at any time be, at its sole discretion, entitled, but not obligated: (a) to realize the Shares in full or in part through (i) a bona fide private sale (private Verwertung) at fair market value or acquisition of the Shares for its own account (Selbsteintritt) at fair market value, or (ii) a public auction or public offering; in either case without having to initiate proceedings under, and without regard to the formalities provided in, the DEBA, and to transfer the Shares to any third party; or (b) to enforce the Pledge by means of official enforcement proceedings (including enforcement proceedings in respect of the Shares (Betreibung auf Faustpfandverwertung)) in accordance with the DEBA; Share Pledge Agreement 8/12 in each case applying the resulting proceeds to the discharge of the Secured Obligations in accordance with the terms of the Loan and Security Agreement. The Agent shall promptly account for the proceeds of any sale, auction or offering. 10.2 Notwithstanding clause ‎10.1 above and notwithstanding article 41 DEBA, the Agent is at liberty to enforce any Secured Obligations prior to the enforcement of the Pledge and to commence or pursue the regular debt enforcement proceedings against the Pledgor or any other debtor of the Secured Obligations without having first to realize any of the Shares or other pledged assets or to institute statutory proceedings for the realization thereof, without foregoing any of the Pledgees' rights hereunder. 10.3 For the avoidance of doubt, if the Pledge is enforced or if the Pledgor or any other debtor has discharged any of the Secured Obligations, no legal subrogation of claims shall occur and no related rights of the Pledgees shall pass to the Pledgor or any other debtor by subrogation or otherwise for as long as any of the Secured Obligations remains unpaid or is capable of arising. 10.4 If the proceeds resulting from enforcement actions pursuant to this clause ‎10 exceed the Secured Obligations, upon unconditional and irrevocable satisfaction of all Secured Obligations (except for inchoate indemnity obligations) and no further Secured Obligations being capable of arising, the Agent shall promptly account for and remit the excess amount to the Pledgor.

Realization. 16.1 For the full discharge of our obligations towards the Bank and all charges and amounts which we owe or which we will be owing towards the Bank, including Credit Amounts for the Credit Facility, the Bank may realize the guarantees, fully or partially, at the date which will be determined by it, for the discharge of any of our commitments in accordance with the order of crediting the payments and debts as stated in Section 18 below. The realization of one guarantee shall not harm or derogate any other guarantee. 16.2 Where legal proceedings or Bailiff Office proceedings or seizure or sale proceedings, etc., have been instituted, to which we are party in the matter of a guarantee which has been delivered to the Bank or in connection with such guarantee, we will notify the competent authority of the Bank's rights, we will object to any harm to the Bank's rights and we will demand to attach the Bank as a party to the proceedings and to receive its response. Moreover, we will immediately notify the Bank about the existence of the said proceedings. 16.3 In each one of the incidents detailed in Section 14 above, the Bank may use all means it deems appropriate in order to collect the Credit Amounts for the Credit Facilities, expenses and other payments of all sorts, and to realize all its rights under this Letter of Undertaking, including the realization of assets as stated in Section 15 above, fully or partially, and to use the payment for discharge of the Credit Amounts for the Credit Facilities, other expenses and payments of all sorts, without such imposing upon the Bank to initially realize other guarantees or collateral, if any, held by the Bank. 16.4 If the Bank decides to realize securities, notes or other negotiable documents, a notice of three days in advance regarding the actions which the Bank is about to take will be deemed a reasonable period of time for the purpose of Section 19(b) of the Pledges Law, 5727 - 1967, or any provision of law replacing it. 16.5 Without derogating from the above-said, should the Bank ask to sell securities which have been pledged in its favour, as stated in Section 16.4 above, on the Stock Exchange, then the Bank may execute the sale at any price which may be obtained on the Stock Exchange at that time, for the sale. 16.6 The Bank may, as our legal representative, and for the purpose of this Section, we hereby irrevocably appoint the Bank as our legal representative, realize any of the guarantees and/or sale any prope...

Realization. HTS may realize on the security interest granted hereunder upon failure by ExpressVu to pay any portion of the Purchase Price within 45 days of the due date thereof.

Realization. The Borrower acknowledges and agrees that the Agent or a Receiver may realize upon various securities securing the Obligations or any part thereof in such order as may be considered advisable and any part thereof in such order as may be considered advisable and any such realization by any means upon any security or any part thereof shall not bar realization upon any other security or the security hereby constituted or parts thereof.

Realization. BKC may, if it deems it advisable to do so, restrict the prospective bidders or purchasers to Persons who will represent and agree that they are purchasing for their own account for investment and not with a view to the resale or distribution of any of the Collateral and, in particular may restrict the prospective bidders of purchasers to Persons which, in its judgment will have the capacity to perform the commitments required by an owner of IFFP as the holder of rights under any development or franchise agreement with BKC.

Realization. For 10 business days after an Event of Default, the Borrower is allowed to cure the default or repay the Loan and all accrued interest (the “Cure Period”). Without restricting the foregoing, upon expiration of the Cure Period, the Lender may exercise upon any security held by it and may sell, transfer or otherwise dispose of the Collateral by private sale or auction as determined by the Lender in its discretion. The Borrower will assist the Lender in any manner required by the Lender with the foregoing and the realization of the assets held as security. Any proceeds received from any such sale or disposition shall be applied by the Lender to amounts payable hereunder in such manner as it may deem appropriate, in its discretion. The Borrower shall remain liable for any remaining balance of amounts payable after application of such sale proceeds against the amounts payable hereunder. Assets may only be sold until the Loan plus all accrued interest are repaid in full and any excess assets shall be returned to Borrower.