Common use of Remedies in Event of Default Clause in Contracts

Remedies in Event of Default. 8.1 Upon the occurrence of any Event of Default, and at any time thereafter if such Event of Default has not been cured, Secured Party may, after giving all notices required by law or this Agreement, sell the Collateral or any part thereof in accordance with all applicable laws and regulations at public or private sale or by sale at a broker's board or on a securities exchange. If (i) the Collateral is sold at public sale or (ii) the Collateral is sold at a private sale and is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, Secured Party may be the purchaser of the Collateral and may apply the purchase price therefor against the indebtedness secured hereby. Ten (10) days prior to any public sale of the Collateral or ten (10) days prior to the date after which the Collateral may be sold at private sale, Secured Party shall give to Debtors at the address set forth herein notice of Secured Party's intention to make such public or private sale. Such notice, in case of public sale, must state the time and place fixed for the sale, and in case of sale at a broker's board or on a securities exchange, must state the board or exchange at which such sale is to be made and the day on which the Collateral or that portion thereof so being sold will first be offered for sale at such board or exchange. Any such public sale will be held at such time or times, during ordinary business hours and at such place or places, as Secured Party may fix in the notice of such sale. At any sale the Collateral may be sold in one lot as an entirety or in separate parcels as Secured Party may determine. Secured Party will not be obligated to make any sale pursuant to any such notice. If any part of the Collateral is sold on credit or for future delivery, Secured Party will retain the Collateral so sold until the full purchase price is paid by the purchaser thereof. If such purchaser fails to pay for Collateral so sold, Secured Party may again act to sell the Collateral in compliance with this Agreement and applicable law. Each of the methods of disposition described in this Section are deemed to constitute disposition in a commercially reasonable manner. Notwithstanding anything to the contrary contained herein, the Federal Securities Act of 1933, as amended, other applicable federal and state laws and regulations, and conditions or limitations stated on the face or back of the certificates representing the Collateral may impose restrictions or limitations on Secured Party's ability to dispose of all or part of the Collateral in the enforcement of its rights and remedies hereunder. Therefore, upon the occurrence of an Event of Default, Secured Party is authorized to sell the Collateral or any part thereof at one or more private sales at which the prospective bidders and purchasers are restricted to persons who represent and warrant that they will purchase the Collateral or a portion thereof for investment for their own accounts and not with a view to distributing or reselling same, in a manner which will not require that the Collateral, or any part thereof, be registered in accordance with the Securities Act of 1933, as amended, or the rules and regulations promulgated thereunder, or any other law of regulations, at the best price reasonably obtainable by Secured Party at any such private sale or other disposition in the manner mentioned above. Debtors agree (i) that if the Secured Party sells the Collateral, or any portion thereof, at a private sale or sales under this Section, Secured Party will have the right to rely upon the advice and opinion of any member firm of a national securities exchange as to the best price reasonably obtainable therefor upon such a private sale, and (ii) that in the absence of fraud, sale of the Collateral or portion thereof at such price will be conclusive evidence that Secured Party obtained the reasonable fair market value. 8.2 Upon the occurrence of any Event of Default, and at any time thereafter, Secured Party shall have the rights of a secured party after default under the Texas Business and Commerce Code, as modified by this Agreement. In connection with the exercise of those rights or of any other rights of Secured Party granted by this Agreement: (a) written notice given to Debtors as provided herein ten (10) days prior to the date of public sale of the Collateral or prior to the date after which private sale of the Collateral will be made constitutes reasonable notice; (b) so long as any portion of the secured indebtedness remains outstanding, sale by Secured Party of less than the whole of the Collateral will not exhaust the rights of Secured Party hereunder, and Secured Party may make successive sales hereunder until the whole of the Collateral shall be sold; and (c) Secured Party may appoint or delegate any one or more persons as its agent to perform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and the conduct of sale, but in the name and on behalf of Secured Party. 8.3 The remedies provided for in this Agreement are cumulative of all remedies provided for in any other agreement securing payment of the secured indebtedness and all other applicable remedies existing at law or in equity, and resort to any remedy provided for in this Agreement or under any other agreement or by law will not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies. 8.4 Secured Party may resort to any security given by this Agreement or to any other security now existing or hereafter given to secure the payment of the secured indebtedness, in whole or in part, and in such portions and in such order as may seem best to Secured Party, and no such action will in any manner be considered as a waiver of any of the rights, benefits or security interest evidenced by this Agreement.

Remedies in Event of Default. 8.1 6.1 Upon the occurrence of any an Event of Default, and at any time thereafter until such time, if any, as such Event of Default has not been cured, : (a) Secured Party may, after giving all notices required by law or this Agreementwithout notice except as hereinafter provided, sell the Collateral or any part thereof in accordance with all applicable laws and regulations at public or private sale (with or by sale at a broker's board without appraisal or on a securities exchange. If (i) having the Collateral is sold at public sale the place of sale) for cash, upon credit, or (ii) for future delivery, and at such price or prices as Secured Party may deem best, and Secured Party or any entity controlling the Collateral is sold at a private sale and is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, Secured Party may be the purchaser of any and all of the Collateral so sold and may apply upon the purchase price therefor against therefore any of the indebtedness secured herebyAdvance Payment that has not been credited in accordance with the Sales Agreement and thereafter hold the same absolutely free from any right or claim of whatsoever kind. Ten Secured Party is authorized at any such sale, if Secured Party deems it advisable or is required by applicable law so to do, (10i) days prior to restrict the prospective bidders on or purchasers of any public sale of the Collateral or ten (10) days prior to a limited number of sophisticated investors who will represent and agree that they are purchasing for their own account for investment and not with a view to the date after which distribution or resale of any of the Collateral, (ii) to cause to be placed on certificates for any or all of the Collateral a legend to the effect that such security has not been registered under the Securities Act of 1933 and may not be disposed of in violation of the provisions of said Act, (iii) to disclaim and to refuse to give any warranty, and (iv) to impose such other limitations or conditions in connection with any such sale as Secured Party deems necessary or advisable in order to comply with said Act or any other applicable law. CRS covenants and agrees that it will execute and deliver such documents and take such other action as Secured Party deems necessary or advisable in order that any such sale may be made in compliance with applicable law. Upon any such sale Secured Party shall have the right to deliver, assign and transfer to the purchaser thereof the Collateral so sold. Each purchaser at any such sale shall hold the property sold at private saleabsolutely free from any claim or right of whatsoever kind, including any equity or right of redemption, stay or appraisal which CRS has or may have under any rule of law or statute now existing or hereafter adopted. To the extent notice is required by applicable law, Secured Party shall give to Debtors CRS written notice at the address set forth herein (which shall satisfy any requirement of notice or reasonable notice in any applicable statute) of Secured Party's ’s intention to make any such public or private sale. Such noticenotice (if any is required by applicable law) shall be personally delivered or mailed, postage prepaid, at least ten (10) calendar days before the date fixed for a public sale, or at least ten (10) calendar days before the date after which the private sale or other disposition is to be made, unless the Collateral is of a type customarily sold on a recognized market, is perishable or threatens to decline speedily in value. Such notice (if any is required by *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. applicable law), in case of public sale, must shall state the time and place fixed for the salesuch sale or, and in case of private sale at or other disposition other than a broker's board public sale, the time after which the private sale or on a securities exchange, must state the board or exchange at which other such sale disposition is to be made and the day on which the Collateral or that portion thereof so being sold will first be offered for sale at such board or exchangemade. Any such public sale will shall be held at such time or times, during within the ordinary business hours and at such place or places, as Secured Party may fix in the notice of such sale. At any sale the Collateral may be sold in one lot as an entirety or in separate parcels as Secured Party may determine. Secured Party will shall not be obligated to make any sale pursuant to any such notice. If Secured Party 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 any time and place fixed for the sale, and such sale may be made at any time or place to which the same may be so adjourned. In case of any sale of all or any part of the Collateral is sold on credit or for future delivery, Secured Party will retain the Collateral so sold may be retained by Secured Party until the full purchase selling price is paid by the purchaser thereof. If , but Secured Party shall incur no liability in case of the failure of such purchaser fails to take up and pay for the Collateral so sold, Secured Party and in case of any such failure, such Collateral may again act to sell the Collateral in compliance with this Agreement and applicable lawbe sold upon like notice. Each of the methods and every method of disposition described in this Section are deemed to shall constitute disposition in a commercially reasonable manner. Notwithstanding anything to the contrary contained herein, the Federal Securities Act of 1933, as amended, other applicable federal and state laws and regulations, and conditions or limitations stated on the face or back of the certificates representing the Collateral may impose restrictions or limitations on Secured Party's ability to dispose of all or part of the Collateral in the enforcement of its rights and remedies hereunder. Therefore, upon the occurrence of an Event of Default, Secured Party is authorized to sell the Collateral or any part thereof at one or more private sales at which the prospective bidders and purchasers are restricted to persons who represent and warrant that they will purchase the Collateral or a portion thereof for investment for their own accounts and not with a view to distributing or reselling same, in a manner which will not require that the Collateral, or any part thereof, be registered in accordance with the Securities Act of 1933, as amended, or the rules and regulations promulgated thereunder, or any other law of regulations, at the best price reasonably obtainable by Secured Party at any such private sale or other disposition in the manner mentioned above. Debtors agree (i) that if the Secured Party sells the Collateral, or any portion thereof, at a private sale or sales under this Section, Secured Party will have the right to rely upon the advice and opinion of any member firm of a national securities exchange as to the best price reasonably obtainable therefor upon such a private sale, and (ii) that in the absence of fraud, sale of the Collateral or portion thereof at such price will be conclusive evidence that Secured Party obtained the reasonable fair market value. 8.2 Upon the occurrence of any Event of Default, and at any time thereafter, (b) Secured Party shall have all the rights of a secured party after default under the Texas Business and Commerce Code, as modified by this Agreement. In connection with the exercise Uniform Commercial Code of those rights or of any other rights of Secured Party granted by this Agreement: (a) written notice given to Debtors as provided herein ten (10) days prior to the date of public sale of the Collateral or prior to the date after which private sale of the Collateral will be made constitutes reasonable notice; (b) so long as any portion of the secured indebtedness remains outstanding, sale by Secured Party of less than the whole of the Collateral will not exhaust the rights of Secured Party hereunder, and Secured Party may make successive sales hereunder until the whole of the Collateral shall be sold; and (c) Secured Party may appoint or delegate any one or more persons as its agent to perform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and the conduct of sale, but in the name and on behalf of Secured PartyTexas. 8.3 The 6.2 All remedies herein expressly provided for in this Agreement are cumulative of all remedies provided for in any other agreement securing payment of the secured indebtedness and all other applicable remedies existing at law or in equity, and the resort to any remedy provided for in this Agreement hereunder or under any other agreement or provided for by law will shall not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies. 8.4 Secured Party may resort to any security given by this Agreement or to any other security now existing or hereafter given to secure the payment of the secured indebtedness, in whole or in part, and in such portions and in such order as may seem best to Secured Party, and no such action will in any manner be considered as a waiver of any of the rights, benefits or security interest evidenced by this Agreement.

Remedies in Event of Default. 8.1 7.1 Upon the occurrence and during the continuation of any an Event of Default: (a) Secured Party is authorized, in any legal manner and at any time thereafter if such Event without breach of Default has not been curedthe peace, to take possession of the Collateral. (b) Secured Party may, after giving all notices required by law or this Agreementwithout notice except as hereinafter provided, sell the Collateral or any part thereof in accordance with all applicable laws and regulations at public or private sale (with or by sale at a broker's board without appraisal or on a securities exchange. If (i) having the Collateral is sold at public sale the place of sale) for cash, upon credit, or (ii) the Collateral is sold for future delivery, and at a private sale such price or prices as Secured Party may deem best, and is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, Secured Party may be the purchaser of any and all of the Collateral so sold and may apply upon the purchase price therefor against the indebtedness secured hereby. Ten (10) days prior to any public sale of the Collateral Debt and thereafter hold the same absolutely free from any right or ten claim of whatsoever kind. Secured Party is authorized at any such sale, if Secured Party deems it advisable or is required by applicable law so to do, (10i) days prior to disclaim and to refuse to give any warranty, and (ii) to impose such other limitations or conditions in connection with any such sale as Secured Party deems reasonably necessary or advisable in order to comply with applicable law. Debtor covenants and agrees that it will execute and deliver such documents and take such other action as Secured Party deems reasonably necessary or advisable in order that any such sale may be made in compliance with applicable law. Upon any such sale Secured Party shall have the right to deliver, assign and transfer to the date after which purchaser thereof the Collateral so sold. Each purchaser at any such sale shall hold the property sold absolutely free from any claim or right of whatsoever kind, including any equity or right of redemption, stay or appraisal which Debtor has or may be sold at private salehave under any rule of law or statute now existing or hereafter adopted. To the extent notice is required by applicable law, Secured Party shall give to Debtors Debtor written notice at the address set forth herein (which shall satisfy any requirement of notice or reasonable notice in any applicable statute) of Secured Party's ’s intention to make any such public or private sale. Such noticenotice (if any is required by applicable law) shall be personally delivered or mailed, postage prepaid, at least ten (10) calendar days before the date fixed for a public sale, or at least ten (10) calendar days before the date after which the private sale or other disposition is to be made, unless the Collateral is of a type customarily sold on a recognized market, is perishable or threatens to decline speedily in value. Such notice (if any is required by applicable law), in case of public sale, must shall state the time and place fixed for the salesuch sale or, and in case of private sale at or other disposition other than a broker's board public sale, the time after which the private sale or on a securities exchange, must state the board or exchange at which other such sale disposition is to be made and the day on which the Collateral or that portion thereof so being sold will first be offered for sale at such board or exchangemade. Any such public sale will shall be held at such time or times, during within the ordinary business hours and at such place or places, as Secured Party may fix in the notice of such sale. At any sale the Collateral may be sold in one lot as an entirety or in separate parcels as Secured Party may determine. Secured Party will shall not be obligated to make any sale pursuant to any such notice. If Secured Party 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 any time and place fixed for the sale, and such sale may be made at any time or place to which the same may be so adjourned. In case of any sale of all or any part of the Collateral is sold on credit or for future delivery, Secured Party will retain the Collateral so sold may be retained by Secured Party until the full purchase selling price is paid by the purchaser thereof. If , but Secured Party shall incur no liability in case of the failure of such purchaser fails to take up and pay for the Collateral so sold, Secured Party and in case of any such failure, such Collateral may again act to sell the Collateral in compliance with this Agreement and applicable lawbe sold upon like notice. Each of the methods and every method of disposition described in this Section are deemed to shall constitute disposition in a commercially reasonable manner. Notwithstanding anything Each Obligor, to the contrary contained hereinextent applicable, the Federal Securities Act of 1933, as amended, other applicable federal and state laws and regulations, and conditions or limitations stated on the face or back of the certificates representing the Collateral may impose restrictions or limitations on Secured Party's ability to dispose of all or part of the Collateral in the enforcement of its rights and remedies hereunder. Therefore, upon the occurrence of an Event of Default, Secured Party is authorized to sell the Collateral or shall remain liable for any part thereof at one or more private sales at which the prospective bidders and purchasers are restricted to persons who represent and warrant that they will purchase the Collateral or a portion thereof for investment for their own accounts and not with a view to distributing or reselling same, in a manner which will not require that the Collateral, or any part thereof, be registered in accordance with the Securities Act of 1933, as amended, or the rules and regulations promulgated thereunder, or any other law of regulations, at the best price reasonably obtainable by Secured Party at any such private sale or other disposition in the manner mentioned above. Debtors agree (i) that if the Secured Party sells the Collateral, or any portion thereof, at a private sale or sales under this Section, Secured Party will have the right to rely upon the advice and opinion of any member firm of a national securities exchange as to the best price reasonably obtainable therefor upon such a private sale, and (ii) that in the absence of fraud, sale of the Collateral or portion thereof at such price will be conclusive evidence that Secured Party obtained the reasonable fair market valuedeficiency. 8.2 Upon the occurrence of any Event of Default, and at any time thereafter, (c) Secured Party shall have all the rights of a secured party after default under the Uniform Commercial Code of Texas Business and Commerce Codein conjunction with, as modified by this Agreement. In connection with the exercise of in addition to or in substitution for those rights or of any other rights of Secured Party granted by this Agreementand remedies: (ai) written notice given Secured Party may require Debtor to Debtors as provided herein ten assemble the Collateral and make it available at a place Secured Party designates which is mutually convenient to allow Secured Party to take possession or dispose of the Collateral; and (10ii) days prior to the date of public sale it shall not be necessary that Secured Party take possession of the Collateral or prior any part thereof before the time that any sale pursuant to the date after which private sale provisions of this Article is conducted and it shall not be necessary that the Collateral or any part thereof be present at the location of such sale; and (iii) before application of proceeds of disposition of the Collateral will to the Debt, such proceeds shall be made constitutes applied to the reasonable notice;expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and the reasonable attorneys’ fees and legal expenses incurred by Secured Party, each Obligor, to the extent applicable, to remain liable for any deficiency; and (biv) so long as any portion of the secured indebtedness remains outstanding, sale by Secured Party of less than the whole of the Collateral will shall not exhaust the rights of Secured Party hereunder, and Secured Party may is specifically empowered to make successive sale or sales hereunder until the whole of the Collateral shall be sold; and, if the proceeds of such sale of less than the whole of the Collateral shall be less than the aggregate of the Debt, this Agreement and the security interest created hereby shall remain in full force and effect as to the unsold portion of the Collateral just as though no sale had been made; and (cv) in the event any sale hereunder is not completed or is defective in the opinion of Secured Party, such sale shall not exhaust the rights of Secured Party hereunder and Secured Party shall have the right to cause a subsequent sale or sales to be made hereunder; and (vi) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of any indebtedness or as to the occurrence of any default, or as to Secured Party having declared all of such indebtedness to be due and payable, or as to notice of time, place and terms of sale and the Collateral to be sold having been duly given, as to any other act or thing having been duly done by Secured Party, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (vii) Secured Party may appoint or delegate any one or more persons as its agent to perform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and the conduct of sale, but in the name and on behalf of Secured Party. 8.3 The 7.2 All remedies herein expressly provided for in this Agreement are cumulative of any and all other remedies existing at law or in equity and are cumulative of any and all other remedies provided for in any other agreement instrument securing the payment of the secured indebtedness and all other applicable remedies existing at law Debt or in equityany part thereof, or otherwise benefiting Secured Party, and the resort to any remedy provided for in this Agreement hereunder or under any such other agreement instrument or provided for by law will shall not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies. 8.4 7.3 In the event that Debtor or any other Obligor is the subject of any insolvency, bankruptcy, receivership, dissolution, reorganization or similar proceeding, federal or state, voluntary or involuntary, under any present or future law or act, Secured Party may resort is entitled to the automatic and absolute lifting of any security given by automatic stay as to the enforcement of its remedies under this Agreement or the Purchase Agreement against the security for the Debt, including specifically the stay imposed by Section 362 of the United States Federal Bankruptcy Code, as amended. Debtor hereby consents to the immediate lifting of any such automatic stay, and will not contest any motion by Secured Party to lift such stay. Debtor expressly acknowledges that the Collateral is security for the Debt, and is not now, and will never be, necessary to any other security now existing or hereafter given to secure the payment plan of the secured indebtedness, in whole or in part, and in such portions and in such order as may seem best to Secured Party, and no such action will in any manner be considered as a waiver reorganization of any of the rights, benefits or security interest evidenced by this Agreementtype.

Remedies in Event of Default. 8.1 Upon the occurrence of any an Event of Default, and at any time thereafter if such Event of Default has not been cured, Secured Party may, after giving all notices required by law or this Agreement, sell the Collateral or any part thereof in accordance with all applicable laws and regulations at public or private sale or by sale at a broker's board or on a securities exchange. If (i) the Collateral is sold at public sale sale, or (ii) the Collateral is sold at a private sale and is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, Secured Party may be the purchaser of the Collateral and may apply the purchase price therefor against the indebtedness secured hereby. Ten (10) days prior to any public sale of the Collateral or ten (10) days prior to the date after which the Collateral may be sold at private sale, Secured Party shall give to Debtors at the address set forth herein notice of Secured Party's intention to make such public or private sale. Such notice, in case of public sale, must state the time and place fixed for the sale, and in case of sale at a broker's board or on a securities exchange, must state the board or exchange at which such sale is to be made and the day on which the Collateral or that portion thereof so being sold will first be offered for sale at such board or exchange. Any such public sale will be held at such time or times, during ordinary business hours and at such place or places, as Secured Party may fix in the notice of such sale. At any sale the Collateral may be sold in one lot as an entirety or in separate parcels as Secured Party may determine. Secured Party will not be obligated to make any sale pursuant to any such notice. If any part of the Collateral is sold on credit or for future delivery, Secured Party will retain the Collateral so sold until the full purchase price is paid by the purchaser thereof. If such purchaser fails to pay for Collateral so sold, Secured Party may again act to sell the Collateral in compliance with this Agreement and applicable law. Each of the methods of disposition described in this Section are deemed to constitute disposition in a commercially reasonable manner. Notwithstanding anything to the contrary contained herein, the Federal Securities Act of 1933, as amended, other applicable federal and state laws and regulations, and conditions or limitations stated on the face or back of the certificates representing the Collateral may impose restrictions or limitations on Secured Party's ability to dispose of all or part of the Collateral in the enforcement of its rights and remedies hereunder. Therefore, upon the occurrence of an Event of Default, Secured Party is authorized to sell the Collateral or any part thereof at one or more private sales at which the prospective bidders and purchasers are restricted to persons who represent and warrant that they will purchase the Collateral or a portion thereof for investment for their own accounts and not with a view to distributing or reselling same, in a manner which will not require that the Collateral, or any part thereof, be registered in accordance with the Securities Act of 1933, as amended, or the rules and regulations promulgated thereunder, or any other law of regulations, at the best price reasonably obtainable by Secured Party at any such private sale or other disposition in the manner mentioned above. Debtors agree (i) that if the Secured Party sells the Collateral, or any portion thereof, at a private sale or sales under this Section, Secured Party will have the right to rely upon the advice and opinion of any member firm of a national securities exchange as to the best price reasonably obtainable therefor upon such a private sale, and (ii) that in the absence of fraud, sale of the Collateral or portion thereof at such price will be conclusive evidence that Secured Party obtained the reasonable fair market value.remedies 8.2 Upon the occurrence of any an Event of Default, and at any time thereafter, Secured Party shall have the rights of a secured party after default under the Texas Business and Commerce Code, as modified by this Agreement. In connection with the exercise of those rights or of any other rights of Secured Party granted by this Agreement: (a) written notice given to Debtors as provided herein ten (10) days prior to the date of public sale of the Collateral or prior to the date after which private sale of the Collateral will be made constitutes reasonable notice; (b) so long as any portion of the secured indebtedness remains outstanding, sale by Secured Party of less than the whole of the Collateral will not exhaust the rights of Secured Party hereunder, and Secured Party may make successive sales hereunder until the whole of the Collateral shall be sold; and (c) Secured Party may appoint or delegate any one or more persons as its agent to perform any act or acts necessary or incident to any sale held by Secured Partyparty, including the sending of notices and the conduct of sale, but in the name and on behalf of Secured Party. 8.3 The remedies provided for in this Agreement are cumulative of all remedies provided for in any other agreement securing payment of the secured indebtedness and all other applicable remedies existing at law or in equity, and resort to any remedy provided for in this Agreement or under any other agreement or by law will not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies. 8.4 Secured Party may resort to any security given by this Agreement or to any other security now existing or hereafter given to secure the payment of the secured indebtedness, in whole or in part, and in such portions and in such order as may seem best to Secured Party, and no such action will in any manner be considered as a waiver of any of the rights, benefits or security interest evidenced by this Agreement.such

Remedies in Event of Default. 8.1 7.1 Upon the occurrence of any an Event of Default, and at any time thereafter if such thereafter, Secured Party shall have the option of declaring, without notice to any person, all indebtedness secured hereby, principal and accrued interest, to be immediately due and payable. 7.2 Upon the occurrence of an Event of Default has not been curedDefault, and at any time thereafter, Secured Party may, after giving all notices required by law or this Agreementwithout notice except hereinafter provided, sell the Collateral or any part thereof in accordance with all applicable laws and regulations at public or private sale or by sale at a any broker's board or on a any securities exchange. If (i) the Collateral is sold exchange for cash, upon credit, or for future delivery, and at public sale such price or (ii) the Collateral is sold at a private sale prices as Secured Party may deem best, and is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, Secured Party may be the purchaser of any and all of the Collateral so sold and may apply upon the purchase price therefor against the to any indebtedness secured herebyhereby or any part thereof and thereafter hold the same absolutely free from any right or claim of whatsoever kind. Ten (10) days prior Upon any such sale Secured Party shall have the right to deliver, assign and transfer tot he broker or purchaser thereof the Collateral. Each purchaser at any public such sale shall hold the property sold absolutely free from any claim or right of the Collateral whatsoever kind, including any equity or right of redemption, stay or appraisal which Debtor has or may have under any rule of law or statute now existing or hereafter adopted. Secured Party shall give Debtor ten (10) days prior written notice mailed to the date after which the Collateral may be sold at private sale, Secured Party shall give to Debtors Debtor at the address set forth herein (which shall satisfy any requirement of notice or reasonable notice in any applicable statute) of Secured Party's intention to make any such public or private sale. Such notice, in case of public sale, must shall state the time and place fixed for the such sale, and in case of sale at a broker's board or on a securities exchange, must shall state the board or exchange at which such sale is to be made and the day on which the Collateral or that portion thereof so being sold will first be offered for sale at such board or exchange. Any such public sale will shall be held at such time or times, during within the ordinary business hours and at such place or places, as Secured Party may fix in the notice of such sale. At any sale the Collateral may be sold in one lot as an entirety or in separate parcels as Secured Party may determine. Secured Party will shall not be obligated to make any sale pursuant to any such notice. If Secured Party 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 any time and place fixed for the sale, and such sale may be made at any time or place to which the same may be so adjourned; provided, however that Secured Party shall give Debtor ten (10) days written notice of the time and place of any such adjourned sale. In case of any sale of all or any part of the Collateral is sold on credit or for future delivery, Secured Party will retain the Collateral so sold shall be retained by Secured Party until the full purchase selling price is paid by the purchaser thereof. If , but Secured Party shall incur no liability in case of the failure of such purchaser fails to take up and pay for the Collateral so sold, Secured Party and in case of any such failure, such Collateral may again act to sell the Collateral in compliance with this Agreement and applicable lawbe sold upon like notice. Each of the methods and every method of disposition described in this Section are deemed to shall constitute disposition in a commercially reasonable manner. Debtor shall remain liable for any deficiency. Notwithstanding anything to the contrary contained herein, herein because of the Federal federal Securities Act of 1933, as amended, or any other applicable federal and state laws and or regulations, and conditions or limitations stated on the face or back of the certificates representing the Collateral there may impose be legal restrictions or limitations on affecting Secured Party's ability to dispose of all or part certain portions of the Collateral in the enforcement of its rights and remedies hereunder. ThereforeFor these reasons, Secured Party is hereby authorized by Debtor, but not obligated, upon the occurrence of an any Event of Default, Secured Party is authorized to sell the Collateral all or any part thereof of the Collateral at one or more private sales at which sales, restricting the prospective bidders and or purchasers are restricted to persons who will represent and warrant agree that they will purchase are purchasing the Collateral or a portion thereof for investment for their own accounts account or investment and not with a view to distributing the distribution or reselling same, resale of any of the Collateral or in a any manner which will not require that the Collateral, or any part thereof, to be registered in accordance with the Securities Act of 1933, as amended, or the rules and regulations promulgated thereunder, or any other law of regulationsor regulation, at the best price reasonably obtainable by Secured Party at any such private sale or other disposition of any of the Collateral. Debtor clearly understands that Secured Party may in its discretion approach a restricted number of potential purchasers and that a sale under such circumstances may yield a lower price for the Collateral, or any part or parts thereof, than would otherwise be obtainable if same were registered in the manner mentioned aboveopen market. Debtors agree Debtor agrees (i) that if in the event Secured Party sells shall, upon the occurrence of any Event of Default, sell the Collateral, or any portion thereof, at a such private sale or sales under this Sectionsales, Secured Party will shall have the right to rely upon the advice and opinion of any member firm of a national securities exchange as to the best price reasonably obtainable therefor upon such a private salesale thereof, and (ii) that in the absence of fraud, sale of the Collateral or portion thereof at that such price will reliance shall be conclusive evidence that Secured Party obtained disposed of the Collateral in a commercially reasonable fair market valuemanner under the Uniform Commercial Code of Texas. 8.2 7.3 Upon the occurrence of any an Event of Default, and at any time thereafter, Secured Party shall have all the rights of a secured party after default under the Texas Business Uniform Commercial Code of Texas, and Commerce Codein conjunction with, as modified by this Agreement. In connection with the exercise of and in addition to those rights or of any other rights of Secured Party granted by this Agreement:rights; and (a) written notice given mailed to Debtors Debtor as provided herein ten (10) days prior to the date of public sale of the Collateral or prior to the date after which private sale of the Collateral will be made constitutes shall constitute reasonable notice;; and (b) so long as it shall not be necessary that the Collateral or any portion part thereof be present at the location of such sale; and (c) prior to the application of the proceeds of any disposition of the Collateral to the secured indebtedness remains outstandingindebtedness, such proceeds shall be applied to the expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and the attorneys' fees and legal expenses incurred by the Secured Party, Debtor to remain liable for any deficiency; and (d) the sale by Secured Party of less than the whole of the Collateral will shall not exhaust the rights of Secured Party hereunder, and Secured Party may is specifically empowered to make successive sale or sales hereunder until the whole of the Collateral shall be sold; and, if the proceeds of such sale of less than the whole of the Collateral shall be less than the aggregate of the indebtedness security hereby, this Agreement and the security interest created shall hereby remain in full force and effect as to the unsold portion of the Collateral just as though no sale had been made; (ce) in the event any sale hereunder is not completed or is defective in the opinion of Secured Party, such sale shall not exhaust the rights of Secured Party hereunder and Secured Party shall have the right to cause a subsequent sale or sales to be made hereunder; and (f) any and all statements of fact or other recitals made in any bixx xf sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of the indebtedness or as to the occurrence of any default, or as to Secured Party having declared all of such indebtedness is due and payable, or as to notice of time, place and terms of sale and the properties to be sold having been duly given, as to any other thing having been duly done by Secured Party, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (g) Secured Party may appoint or delegate any one or more persons as its agent to perform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and the conduct of sale, but in the name and on behalf of Secured Party. 8.3 The 7.4 All remedies herein expressly provided for in this Agreement are cumulative of any and all other remedies existing at law or in equity and are cumulative of any and all other remedies provided for in any other agreement instrument securing the payment of the secured indebtedness and all other applicable remedies existing at law indebtedness, or in equityany part thereof, or otherwise benefitting Secured Party, and the resort to any remedy provided for in this Agreement or under any other agreement or by law will shall not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies. 8.4 7.5 Secured Party may resort to any security given by this Agreement or to any other security now existing or hereafter given to secure the payment of the secured indebtedness, in whole or in part, and in such portions and in such order as may seem best to Secured PartyParty in its sole and uncontrolled discretion, and no any such action will shall not in any manner way be considered as a waiver of any of the rights, benefits or security interest interests evidenced by this Agreement. 7.6 Secured Party may at any time cause any or all of the Collateral to be transferred into its name or into the name or names of any nominee or nominees of Secured Party; provided, however, any such nominee shall have no greater rights to the Collateral granted to Secured Party herein.

Remedies in Event of Default. 8.1 7.1 Upon the occurrence and during the continuation of any an Event of Default: (a) Secured Party is authorized, in any legal manner and at any time thereafter if such Event without breach of Default has not been curedthe peace, to take possession of the Collateral. (b) Secured Party may, after giving all notices required by law or this Agreementwithout notice except as hereinafter provided, sell the Collateral or any part thereof in accordance with all applicable laws and regulations at public or private sale (with or by sale at a broker's board without appraisal or on a securities exchange. If (i) having the Collateral is sold at public sale the place of sale) for cash, upon credit, or (ii) the Collateral is sold for future delivery, and at a private sale such price or prices as Secured Party may deem best, and is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, Secured Party may be the purchaser of any and all of the Collateral so sold and may apply upon the purchase price therefor against the indebtedness secured hereby. Ten (10) days prior to any public sale of the Collateral Debt and thereafter hold the same absolutely free from any right or ten claim of whatsoever kind. Secured Party is authorized at any such sale, if Secured Party deems it advisable or is required by applicable law so to do, (10i) days prior to disclaim and to refuse to give any warranty, and (ii) to impose such other limitations or conditions in connection with any such sale as Secured Party deems reasonably necessary or advisable in order to comply with applicable law. Debtor covenants and agrees that it will execute and deliver such documents and take such other action as Secured Party deems reasonably necessary or advisable in order that any such sale may be made in compliance with applicable law. Upon any such sale Secured Party shall have the right to deliver, assign and transfer to the date after which purchaser thereof the Collateral so sold. Each purchaser at any such sale shall hold the property sold absolutely free from any claim or right of whatsoever kind, including any equity or right of redemption, stay or appraisal which Debtor has or may be sold at private salehave under any rule of law or statute now existing or hereafter adopted. To the extent notice is required by applicable law, Secured Party shall give to Debtors Debtor written notice at the address set forth herein (which shall satisfy any requirement of notice or reasonable notice in any applicable statute) of Secured Party's ’s intention to make any such public or private sale. Such noticenotice (if any is required by applicable law) shall be personally delivered or mailed, postage prepaid, at least ten (10) calendar days before the date fixed for a public sale, or at least ten (10) calendar days before the date after which the private sale or other disposition is to be made, unless the Collateral is of a type customarily sold on a recognized market, is perishable or threatens to decline speedily in value. Such notice (if any is required by applicable law), in case of public sale, must shall state the time and place fixed for the salesuch sale or, and in case of private sale at or other disposition other than a broker's board public sale, the time after which the private sale or on a securities exchange, must state the board or exchange at which other such sale disposition is to be made and the day on which the Collateral or that portion thereof so being sold will first be offered for sale at such board or exchangemade. Any such public sale will shall be held at such time or times, during within the ordinary business hours and at such place or places, as Secured Party may fix in the notice of such sale. At any sale the Collateral may be sold in one lot as an entirety or in separate parcels as Secured Party may determine. Secured Party will shall not be obligated to make any sale pursuant to any such notice. If Secured Party 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 any time and place fixed for the sale, and such sale may be made at any time or place to which the same may be so adjourned. In case of any sale of all or any part of the Collateral is sold on credit or for future delivery, Secured Party will retain the Collateral so sold may be retained by Secured Party until the full purchase selling price is paid by the purchaser thereof. If , but Secured Party shall incur no liability in case of the failure of such purchaser fails to take up and pay for the Collateral so sold, Secured Party and in case of any such failure, such Collateral may again act to sell the Collateral in compliance with this Agreement and applicable lawbe sold upon like notice. Each of the methods and every method of disposition described in this Section are deemed to shall constitute disposition disposition in a commercially reasonable manner. Notwithstanding anything Each Obligor, to the contrary contained hereinextent applicable, the Federal Securities Act of 1933, as amended, other applicable federal and state laws and regulations, and conditions or limitations stated on the face or back of the certificates representing the Collateral may impose restrictions or limitations on Secured Party's ability to dispose of all or part of the Collateral in the enforcement of its rights and remedies hereunder. Therefore, upon the occurrence of an Event of Default, Secured Party is authorized to sell the Collateral or shall remain liable for any part thereof at one or more private sales at which the prospective bidders and purchasers are restricted to persons who represent and warrant that they will purchase the Collateral or a portion thereof for investment for their own accounts and not with a view to distributing or reselling same, in a manner which will not require that the Collateral, or any part thereof, be registered in accordance with the Securities Act of 1933, as amended, or the rules and regulations promulgated thereunder, or any other law of regulations, at the best price reasonably obtainable by Secured Party at any such private sale or other disposition in the manner mentioned above. Debtors agree (i) that if the Secured Party sells the Collateral, or any portion thereof, at a private sale or sales under this Section, Secured Party will have the right to rely upon the advice and opinion of any member firm of a national securities exchange as to the best price reasonably obtainable therefor upon such a private sale, and (ii) that in the absence of fraud, sale of the Collateral or portion thereof at such price will be conclusive evidence that Secured Party obtained the reasonable fair market valuedeficiency. 8.2 Upon the occurrence of any Event of Default, and at any time thereafter, (c) Secured Party shall have all the rights of a secured party after default under the Uniform Commercial Code of Texas Business and Commerce Codein conjunction with, as modified by this Agreement. In connection with the exercise of in addition to or in substitution for those rights or of any other rights of Secured Party granted by this Agreementand remedies: (ai) written notice given Secured Party may require Debtor to Debtors as provided herein ten assemble the Collateral and make it available at a place Secured Party designates which is mutually convenient to allow Secured Party to take possession or dispose of the Collateral; and (10ii) days prior to the date of public sale it shall not be necessary that Secured Party take possession of the Collateral or prior any part thereof before the time that any sale pursuant to the date after which private sale provisions of this Article is conducted and it shall not be necessary that the Collateral or any part thereof be present at the location of such sale; and (iii) before application of proceeds of disposition of the Collateral will to the Debt, such proceeds shall be made constitutes applied to the reasonable notice;expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and the reasonable attorneys’ fees and legal expenses incurred by Secured Party, each Obligor, to the extent applicable, to remain liable for any deficiency; and (biv) so long as any portion of the secured indebtedness remains outstanding, sale by Secured Party of less than the whole of the Collateral will shall not exhaust the rights of Secured Party hereunder, and Secured Party may is specifically empowered to make successive sale or sales hereunder until the whole of the Collateral shall be sold; and, if the proceeds of such sale of less than the whole of the Collateral shall be less than the aggregate of the Debt, this Agreement and the security interest created hereby shall remain in full force and effect as to the unsold portion of the Collateral just as though no sale had been made; and (cv) in the event any sale hereunder is not completed or is defective in the opinion of Secured Party, such sale shall not exhaust the rights of Secured Party hereunder and Secured Party shall have the right to cause a subsequent sale or sales to be made hereunder; and (vi) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of any indebtedness or as to the occurrence of any default, or as to Secured Party having declared all of such indebtedness to be due and payable, or as to notice of time, place and terms of sale and the Collateral to be sold having been duly given, as to any other act or thing having been duly done by Secured Party, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (vii) Secured Party may appoint or delegate any one or more persons as its agent to perform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and the conduct of sale, but in the name and on behalf of Secured Party. 8.3 The 7.2 All remedies herein expressly provided for in this Agreement are cumulative of any and all other remedies existing at law or in equity and are cumulative of any and all other remedies provided for in any other agreement instrument securing the payment of the secured indebtedness and all other applicable remedies existing at law Debt or in equityany part thereof, or otherwise benefiting Secured Party, and the resort to any remedy provided for in this Agreement hereunder or under any such other agreement instrument or provided for by law will shall not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies. 8.4 7.3 In the event that Debtor or any other Obligor is the subject of any insolvency, bankruptcy, receivership, dissolution, reorganization or similar proceeding, federal or state, voluntary or involuntary, under any present or future law or act, Secured Party may resort is entitled to the automatic and absolute lifting of any security given by automatic stay as to the enforcement of its remedies under this Agreement or the Purchase Agreement against the security for the Debt, including specifically the stay imposed by Section 362 of the United States Federal Bankruptcy Code, as amended. Debtor hereby consents to the immediate lifting of any such automatic stay, and will not contest any motion by Secured Party to lift such stay. Debtor expressly acknowledges that the Collateral is security for the Debt, and is not now, and will never be, necessary to any other security now existing or hereafter given to secure the payment plan of the secured indebtedness, in whole or in part, and in such portions and in such order as may seem best to Secured Party, and no such action will in any manner be considered as a waiver reorganization of any of the rights, benefits or security interest evidenced by this Agreementtype.

Remedies in Event of Default. 8.1 7.1 Upon the occurrence of any an Event of Default, and at any time thereafter if such thereafter, Secured Party shall have the option of declaring, without notice to any person, all indebtedness secured hereby, principal and accrued interest, to be immediately due and payable. 7.2 Upon the occurrence of an Event of Default has not been curedDefault, and at any time thereafter, Secured Party may, after giving all notices required by law or this Agreementwithout notice except hereinafter provided, sell the Collateral or any part thereof in accordance with all applicable laws and regulations at public or private sale or by sale at a any broker's board or on a any securities exchange. If (i) the Collateral is sold exchange for cash, upon credit, or for future delivery, and at public sale such price or (ii) the Collateral is sold at a private sale prices as Secured Party may deem best, and is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations, Secured Party may be the purchaser of any and all of the Collateral so sold and may apply upon the purchase price therefor against the to any indebtedness secured herebyhereby or any part thereof and thereafter hold the same absolutely free from any right or claim of whatsoever kind. Ten (10) days prior Upon any such sale Secured Party shall have the right to deliver, assign and transfer tot he broker or purchaser thereof the Collateral. Each purchaser at any public such sale shall hold the property sold absolutely free from any claim or right of the Collateral whatsoever kind, including any equity or right of redemption, stay or appraisal which Debtor has or may have under any rule of law or statute now existing or hereafter adopted. Secured Party shall give Debtor ten (10) days prior written notice mailed to the date after which the Collateral may be sold at private sale, Secured Party shall give to Debtors Debtor at the address set forth herein (which shall satisfy any requirement of notice or reasonable notice in any applicable statute) of Secured Party's intention to make any such public or private sale. Such notice, in case of public sale, must shall state the time and place fixed for the such sale, and in case of sale at a broker's board or on a securities exchange, must shall state the board or exchange at which such sale is to be made and the day on which the Collateral or that portion thereof so being sold will first be offered for sale at such board or exchange. Any such public sale will shall be held at such time or times, during within the ordinary business hours and at such place or places, as Secured Party may fix in the notice of such sale. At any sale the Collateral may be sold in one lot as an entirety or in separate parcels as Secured Party may determine. Secured Party will shall not be obligated to make any sale pursuant to any such notice. If Secured Party 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 any time and place fixed for the sale, and such sale may be made at any time or place to which the same may be so adjourned; provided, however that Secured Party shall give Debtor ten (10) days written notice of the time and place of any such adjourned sale. In case of any sale of all or any part of the Collateral is sold on credit or for future delivery, Secured Party will retain the Collateral so sold shall be retained by Secured Party until the full purchase selling price is paid by the purchaser thereof. If , but Secured Party shall incur no liability in case of the failure of such purchaser fails to take up and pay for the Collateral so sold, Secured Party and in case of any such failure, such Collateral may again act to sell the Collateral in compliance with this Agreement and applicable lawbe sold upon like notice. Each of the methods and every method of disposition described in this Section are deemed to shall constitute disposition in a commercially reasonable manner. Debtor shall remain liable for any deficiency. Notwithstanding anything to the contrary contained herein, herein because of the Federal federal Securities Act of 1933, as amended, or any other applicable federal and state laws and or regulations, and conditions or limitations stated on the face or back of the certificates representing the Collateral there may impose be legal restrictions or limitations on affecting Secured Party's ability to dispose of all or part certain portions of the Collateral in the enforcement of its rights and remedies hereunder. ThereforeFor these reasons, Secured Party is hereby authorized by Debtor, but not obligated, upon the occurrence of an any Event of Default, Secured Party is authorized to sell the Collateral all or any part thereof of the Collateral at one or more private sales at which sales, restricting the prospective bidders and or purchasers are restricted to persons who will represent and warrant agree that they will purchase are purchasing the Collateral or a portion thereof for investment for their own accounts account or investment and not with a view to distributing the distribution or reselling same, resale of any of the Collateral or in a any manner which will not require that the Collateral, or any part thereof, to be registered in accordance with the Securities Act of 1933, as amended, or the rules and regulations promulgated thereunder, or any other law of regulationsor regulation, at the best price reasonably obtainable by Secured Party at any such private sale or other disposition of any of the Collateral. Debtor clearly understands that Secured Party may in its discretion approach a restricted number of potential purchasers and that a sale under such circumstances may yield a lower price for the Collateral, or any part or parts thereof, than would otherwise be obtainable if same were registered in the manner mentioned aboveopen market. Debtors agree Debtor agrees (i) that if in the event Secured Party sells shall, upon the occurrence of any Event of Default, sell the Collateral, or any portion thereof, at a such private sale or sales under this Sectionsales, Secured Party will shall have the right to rely upon the advice and opinion of any member firm of a national securities exchange as to the best price reasonably obtainable therefor upon such a private salesale thereof, and (ii) that in the absence of fraud, sale of the Collateral or portion thereof at that such price will reliance shall be conclusive evidence that Secured Party obtained disposed of the Collateral in a commercially reasonable fair market valuemanner under the Uniform Commercial Code of Texas. 8.2 7.3 Upon the occurrence of any an Event of Default, and at any time thereafter, Secured Party shall have all the rights of a secured party after default under the Texas Business Uniform Commercial Code of Texas, and Commerce Codein conjunction with, as modified by this Agreement. In connection with the exercise of and in addition to those rights or of any other rights of Secured Party granted by this Agreement:rights; and (a) written notice given mailed to Debtors Debtor as provided herein ten (10) days prior to the date of public sale of the Collateral or prior to the date after which private sale of the Collateral will be made constitutes shall constitute reasonable notice;; and (b) so long as it shall not be necessary that the Collateral or any portion part thereof be present at the location of such sale; and (c) prior to the application of the proceeds of any disposition of the Collateral to the secured indebtedness remains outstandingindebtedness, such proceeds shall be applied to the expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and the attorneys' fees and legal expenses incurred by the Secured Party, Debtor to remain liable for any deficiency; and (d) the sale by Secured Party of less than the whole of the Collateral will shall not exhaust the rights of Secured Party hereunder, and Secured Party may is specifically empowered to make successive sale or sales hereunder until the whole of the Collateral shall be sold; and, if the proceeds of such sale of less than the whole of the Collateral shall be less than the aggregate of the indebtedness security hereby, this Agreement and the security interest created shall hereby remain in full force and effect as to the unsold portion of the Collateral just as though no sale had been made; (ce) in the event any sale hereunder is not completed or is defective in the opinion of Secured Party, such sale shall not exhaust the rights of Secured Party hereunder and Secured Party shall have the right to cause a subsequent sale or sales to be made hereunder; and (f) any and all statements of fact or other recitals made in any xxxx of sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of the indebtedness or as to the occurrence of any default, or as to Secured Party having declared all of such indebtedness is due and payable, or as to notice of time, place and terms of sale and the properties to be sold having been duly given, as to any other thing having been duly done by Secured Party, shall be taken as prima facie evidence of the truth of the facts so stated and recited; and (g) Secured Party may appoint or delegate any one or more persons as its agent to perform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and the conduct of sale, but in the name and on behalf of Secured Party. 8.3 The 7.4 All remedies herein expressly provided for in this Agreement are cumulative of any and all other remedies existing at law or in equity and are cumulative of any and all other remedies provided for in any other agreement instrument securing the payment of the secured indebtedness and all other applicable remedies existing at law indebtedness, or in equityany part thereof, or otherwise benefitting Secured Party, and the resort to any remedy provided for in this Agreement or under any other agreement or by law will shall not prevent the concurrent or subsequent employment of any other appropriate remedy or remedies. 8.4 7.5 Secured Party may resort to any security given by this Agreement or to any other security now existing or hereafter given to secure the payment of the secured indebtedness, in whole or in part, and in such portions and in such order as may seem best to Secured PartyParty in its sole and uncontrolled discretion, and no any such action will shall not in any manner way be considered as a waiver of any of the rights, benefits or security interest interests evidenced by this Agreement.