Common use of REMEDIES OF LESSOR Clause in Contracts

REMEDIES OF LESSOR. Upon the occurrence of any Event of Default by Lessee and at any time thereafter, Lessor may, without any further notice, exercise one or more of the following remedies in its sole discretion: terminate the Property Schedule and all of Lessee's rights as to any or all of the Property financed pursuant thereto; proceed by appropriate court action to personally, or by its agents, take possession from Lessee of any or all of the Property financed pursuant to the Property Schedule wherever found and Lessor may thereafter dispose of such Property; provided, however, that any proceeds from the disposition of such Property in excess of the sum of the following amounts will be paid to Lessee: (a) all costs, including attorneys' fees, incurred in securing possession of such Property; (b) all expenses incurred in completing the disposition of such Property; and (c) the balance of any remaining Lease Payments due in Lessee's current fiscal year for such Property; proceed by appropriate court action or actions to enforce performance by Lessee of its obligations hereunder or to recover damages for Lessee’s breach or pursue any other remedy available to Lessor at law or in equity or otherwise; declare all unpaid Lease Payments and other sums payable under the Property Schedule during the portion of the Lease Term that occurs during Lessee’s current fiscal year to be immediately due and payable without any presentment, demand or protest and/or take any and all actions to which Lessor is entitled under applicable law.

Appears in 4 contracts

Samples: Master Lease Purchase Agreement, Master Lease Purchase Agreement, Master Lease Purchase Agreement

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REMEDIES OF LESSOR. Upon the occurrence of any Event of Default by Lessee Xxxxxx and at any time thereafter, Lessor may, without any further notice, exercise one or more of the following remedies in its sole discretion: terminate the Property Schedule and all of LesseeXxxxxx's rights as to any or all of the Property financed pursuant thereto; proceed by appropriate court action to personally, or by its agents, take possession from Lessee of any or all of the Property financed pursuant to the Property Schedule wherever found and Lessor may thereafter dispose of such Property; provided, however, that any proceeds from the disposition of such Property in excess of the sum of the following amounts will be paid to Lessee: (a) all costs, including attorneys' fees, incurred in securing possession of such Property; (b) all expenses incurred in completing the disposition of such Property; and (c) the balance of any remaining Lease Payments due in Lessee's current fiscal year for such Property; proceed by appropriate court action or actions to enforce performance by Lessee Xxxxxx of its obligations hereunder or to recover damages for LesseeXxxxxx’s breach or pursue any other remedy available to Lessor at law or in equity or otherwise; declare all unpaid Lease Payments and other sums payable under the Property Schedule during the portion of the Lease Term that occurs during LesseeXxxxxx’s current fiscal year to be immediately due and payable without any presentment, demand or protest and/or take any and all actions to which Lessor is entitled under applicable law.

Appears in 1 contract

Samples: Master Lease Purchase Agreement

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