Remedies as to Collateral Sample Clauses

Remedies as to Collateral. Upon the occurrence of an Event of Default, the Bank may at any time thereafter, subject in each case to applicable regulatory requirements: (i) transfer any of the Collateral into its name or that of its nominee; (ii) in the Borrower’s name or otherwise dispose of and/or collect any Collateral by suit or otherwise; or surrender or exchange all or any part of the Collateral; or compromise, extend, renew or modify any obligation evidenced by the Collateral; (iii) exercise all of the Borrower’s rights as a holder and/or owner of the Collateral; (iv) dispose of the Collateral as provided for herein and at law; and (v) notify any issuer or holder of any Collateral (and/or any transfer agent of such issuer) of this pledge of the Collateral, and direct such issuer, holder or transfer agent to deliver directly in trust to the Bank any subsequent shares of stock, dividend payments or other distributions pertaining to the Collateral or arising from the Borrower’s ownership of the Collateral; and the Borrower hereby unconditionally directs such parties to comply with the Bank’s requests in all respects.
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Remedies as to Collateral. Upon the occurrence of any Event of Default and at any time thereafter so long as the same continues and has not been remedied, Lender may, at its option and subject to applicable law, exercise one or more of the following remedies as Lender, in its sole discretion, may elect: (i) without notice, liability or legal process, enter into any premises or upon any land where the Collateral may be or where Lender reasonably believes the Collateral may be, and using all force permitted by applicable law, disassemble and render unusable the Collateral, disconnect and separate the Collateral from any other property connected to the Collateral and/or take possession and remove all or any item of the Collateral; (ii) sue xx law or in equity to enforce performance of this Agreement or to recover damages for breach thereof; (iii) sell the Collateral at a private or public sale or re-lease the Collateral; or (iv) exercise any other right or remedy which may be available to Lender under the Uniform Commercial Code or other applicable law. In addition, Borrower shall be liable for any and all unpaid obligations and other amounts due hereunder before or during the exercise of any of the foregoing remedies and for all reasonable attorneys' fees and other costs and expenses incurred by reason of the exercise of Lender's remedies with respect thereto, including, 92 21 EXHIBIT B without limitation, all costs and expenses incurred in connection with placing the Collateral in the condition required to be in compliance with all statutes, laws, ordinances, regulations and governmental orders. Any proceeds of sale or any obligation payments received under a new agreement which relate solely to the use of the Collateral less reasonable attorneys' fees and all other costs and expenses incurred by reason of the occurrence of any Event of Default or the exercise of Lender's remedies with respect thereto will be applied to the Obligations and Borrower will remain liable for any remaining balance due of the unpaid Obligations. Borrower's liability will not be reduced by reason of any failure of Lender to sell or re-let any of the Collateral. To the extent permitted by applicable law, Borrower hereby waives any rights now or hereafter conferred by statute or otherwise which may require Lender to mitigate Lender's damages as set forth in this Article or which may otherwise limit or modify any of the Lender's rights and remedies hereunder. Borrower further agrees that in connection with Len...
Sample 1
Remedies as to Collateral. In case any Event of Default shall have occurred, MGL is hereby authorized and empowered by Borrower and Holding Co. to cause and may cause all Collateral pledged hereunder to be transferred into its own name or that of a nominee or nominees. Borrower and Holding Co. hereby irrevocably appoint and constitute MGL as the attorney for Borrower and Holding Co. for the purposes of effecting such transfer. Thereafter and for so long as any Event of Default shall not have been cured, MGL shall be entitled to exercise all the rights appertaining to the ownership of the Collateral, except as limited herein, and MGL is hereby irrevocably constituted the attorney for Borrower and Holding Co. for the purpose of exercising such rights. If, thereafter, MGL should waive such default, it shall continue to have all rights in the Collateral provided to MGL in this Agreement prior to the occurrence of an Event of Default. In any voting of shares of stock constituting Collateral hereunder subsequent to an Event of Default, MGL shall incur no liability or responsibility by reason of any error of judgment or of any matter or thing done or omitted to be done, except for willful misconduct or gross negligence. MGL shall after such Event of Default be entitled to collect or receive any and all dividends (whether paid in cash, property, stock or otherwise) on any shares of stock constituting Collateral hereunder. Any and all sums so collected or received by MGL shall be applied in the manner hereinafter provided.
Sample 1
Remedies as to Collateral. Upon and at any time after the occurrence of any Event of Default, the Lender may exercise and enforce, in any order, (i) each and all of the rights and remedies available to a secured party upon default under the Uniform Commercial Code or other applicable law, (ii) each and all of the rights and remedies available to it under any Loan Document and (iii) each and all of the following rights and remedies:
Sample 1

Related to Remedies as to Collateral

  • Remedies; Disposition of the Collateral If any Event of Default shall have occurred and be continuing, then any Collateral repossessed by the Collateral Agent under or pursuant to Section 7.1 hereof and any other Collateral whether or not so repossessed by the Collateral Agent, may be sold, assigned, leased or otherwise disposed of under one or more contracts or as an entirety, and without the necessity of gathering at the place of sale the property to be sold, and in general in such manner, at such time or times, at such place or places and on such terms as the Collateral Agent may, in compliance with any mandatory requirements of applicable law, determine to be commercially reasonable. Any of the Collateral may be sold, leased or otherwise disposed of, in the condition in which the same existed when taken by the Collateral Agent or after any overhaul or repair at the expense of the relevant Assignor which the Collateral Agent shall determine to be commercially reasonable. Any such disposition which shall be a private sale or other private proceedings permitted by such requirements shall be made upon not less than 10 days' prior written notice to the relevant Assignor specifying the time at which such disposition is to be made and the intended sale price or other consideration therefor, and shall be subject, for the 10 days after the giving of such notice, to the right of the relevant Assignor or any nominee of such Assignor to acquire the Collateral involved at a price or for such other consideration at least equal to the intended sale price or other consideration so specified. Any such disposition which shall be a public sale permitted by such requirements shall be made upon not less than 10 days' prior written notice to the relevant Assignor specifying the time and place of such sale and, in the absence of applicable requirements of law, shall be by public auction (which may, at the Collateral Agent's option, be subject to reserve), after publication of notice of such auction (where required by applicable law) not less than 10 days prior thereto. The Collateral Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for the sale, and such sale may be made at any time or place to which the sale may be so adjourned. To the extent permitted by any such requirement of law, the Collateral Agent may bid for and become the purchaser of the Collateral or any item thereof, offered for sale in accordance with this Section without accountability to the relevant Assignor. If, under mandatory requirements of applicable law, the Collateral Agent shall be required to make disposition of the Collateral within a period of time which does not permit the giving of notice to the relevant Assignor as hereinabove specified, the Collateral Agent need give such Assignor only such notice of disposition as shall be reasonably practicable in view of such mandatory requirements of applicable law. Each Assignor agrees to do or cause to be done all such other acts and things as may be reasonably necessary to make such sale or sales of all or any portion of the Collateral valid and binding and in compliance with any and all applicable laws, regulations, orders, writs, injunctions, decrees or awards of any and all courts, arbitrators or governmental instrumentalities, domestic or foreign, having jurisdiction over any such sale or sales, all at such Assignor's expense.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative Agent or the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least the majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent or the Pledgee or the holders of at least a majority of the outstanding Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Exhaustion of Other Remedies Not Required The obligations of each Guarantor hereunder are those of primary obligor, and not merely as surety, and are independent of the Guaranteed Obligations. Each Guarantor waives diligence by any of the Credit Parties and action on delinquency in respect of the Guaranteed Obligations or any part thereof, including, without limitation any provisions of law requiring any Credit Party to exhaust any right or remedy or to take any action against the Borrower, any other guarantor, or any other person, entity, or property before enforcing this Guaranty against any Guarantor.

  • Default Remedies Substitute Collateral Section 5.1

  • Remedies with Respect to Collateral Without limiting any rights or remedies Agent or any Lender may have pursuant to this Agreement, the other Loan Documents, under applicable law or otherwise, upon the occurrence and during the continuation of an Event of Default:

  • Lenders Rights and Remedies After Default 11.1. Rights and Remedies. 94 11.2. Agent’s Discretion 96 11.3. Setoff 97 11.4. Rights and Remedies not Exclusive 97 11.5. Allocation of Payments After Event of Default 97

  • Rights and Remedies of the Collateral Agent (a) In addition to the rights and remedies specified in Section 4.4 hereof or otherwise available at law or in equity, after an event of default hereunder, the Collateral Agent shall have all of the rights and remedies with respect to the Collateral of a secured party under the Uniform Commercial Code (or any successor thereto) as in effect in the State of New York from time to time (the "Code") (whether or not the Code is in effect in the jurisdiction where the rights and remedies are asserted) and the TRADES Regulations and such additional rights and remedies to which a secured party is entitled under the laws in effect in any jurisdiction where any rights and remedies hereunder may be asserted. Wherever reference is made in this Agreement to any section of the Code, such reference shall be deemed to include a reference to any provision of the Code which is a successor to, or amendment of, such section. Without limiting the generality of the foregoing, such remedies may include, to the extent permitted by applicable law, (i) retention of the Pledged Debt Securities or other Collateral in full satisfaction of the Holders' obligations under the Purchase Contracts or (ii) sale of the Pledged Debt Securities or other Collateral in one or more public or private sales and application of the proceeds in full satisfaction of the Holders' obligations under the Purchase Contracts.

  • Remedies and Waiver All remedies of any party are cumulative. Failure of either the Ceding Company or the Reinsurer to exercise any right, privilege, power or remedy at law, equity or in existence by virtue of this Agreement or to otherwise insist upon strict compliance with any of the terms, provisions and conditions of this Agreement, or the obligations of the other party, will not constitute a waiver of such right, privilege, power, remedy, term, provision, condition, or obligation. Moreover, the failure of either party to enforce any part of this Agreement shall not be deemed to be an act of ratification or consent. No prior transactions or dealings between the parties shall be deemed to establish any custom or usage waiving or modifying any provision of this Agreement.

  • Remedies; Survival (a) The Executive acknowledges and understands that the provisions of the covenants contained in Sections 13, 14 and 15 hereof, the violation of which cannot be accurately compensated for in damages by an action at law, are of crucial importance to the Company, and that the breach or threatened breach of the provisions of this Agreement would cause the Company irreparable harm. In the event of a breach or threatened breach by the Executive of the provisions of Section 13, 14 or 15 hereof, the Company will be entitled to an injunction restraining the Executive from such breach. Nothing herein contained will be construed as prohibiting the Company from pursuing any other remedies available for any breach or threatened breach of this Agreement.

  • No Waiver of Provisional Remedies, Self-Help and Foreclosure The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.

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