Remedies of Secured Party Sample Clauses

Remedies of Secured Party. Upon the occurrence of an ------------------------- Event of Default: (a) Secured Party may, without notice or demand, accelerate the maturity of the Note and declare the entire unpaid principal balance at once due and payable. (b) Secured Party may, at Secured Party's option and at the expense of Debtor, either in Secured Party's own right or in the name of Debtor and in the same manner and to the same extent that Debtor might reasonably so act if this Agreement had not been made, (i) do all things requisite, convenient, or necessary to enforce the performance and observance of all rights, remedies and privileges of Debtor arising from the Collateral, or any part thereof, including, but not limited to, compromising, waiving, excusing, or in any manner releasing or discharging any obligation of any party to or arising from the Collateral; (ii) xxx or otherwise collect and receive money attributable to the Collateral; and (iii) exercise any other lawfully available powers or remedies, and do all other things which Secured Party deems requisite, convenient or necessary or which the Secured Party deems proper to protect the security interest herein granted. (c) Secured Party may foreclose this Agreement in the manner now or hereafter provided or permitted by law and shall have the immediate right to receivership pending foreclosure, and may upon such reasonable notification prior thereto as may be required by applicable law (Debtor hereby agreeing that 10 days notice is commercially reasonable), sell, assign, transfer or otherwise dispose of the Collateral at public or private sale, in whole or in part, and Secured Party may, in its own name or as the irrevocably appointed attorney-in-fact of Debtor effectively assign and transfer the Collateral, or any part thereof, absolutely, and execute and deliver all necessary assignments, conveyances, bills of sale and other instruments with power to substitute one or more persons or corporations with like power. Any such foreclosure sale, assignment, or transfer shall, to the extent permitted by law, be a perpetual bar, both at law and in equity, against Debtor and all persons and corporations lawfully claiming by or through or under Debtor. (d) Any such foreclosure sale may be adjourned from time to time provided that at least ten days notice of the continuation of such sale is given to Debtor. Upon any sale, Secured Party may bid for and purchase the Collateral, or any part thereof, and upon compliance with the term...

Remedies of Secured Party. (a) Should any default, as provided in paragraph 4 above, continue for a period of five (5) days or more following written notice from Secured Party of the default, the New Note shall become immediately due and payable at the option of the Secured Party, without notice or demand, the Secured Party shall have the right to take possession and proceed against the Collateral in accordance with this Agreement or the New Note, and the Secured Party shall have all the rights and remedies provided by law, particularly the provisions of the Commercial Code of the State of California, Investment Securities and Secured Transactions. (b) Borrower waives the benefit of any statute of limitations affecting his liability under this Agreement or the New Note, or the enforcement thereof, and agrees that any payment of any indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to this Agreement or the New Note. Borrower waives all presentments, demands for performance, notices of non-performance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement or the New Note, with respect to any default and liability under this Agreement and the New Note. (c) Should the Secured Party proceed against all or any part of the Collateral, it may proceed to do so by sale, public or private, and in the market or in private or negotiated sale or sales, and subject to such terms and conditions, all as the Secured Party in its sole discretion deems proper; provided, however, that should the Secured Party purchase all or part of the Collateral at a private sale, it is expressly agreed by Borrower that fair market value of the Collateral may be established by the Secured Party using the most recent sales price for Units of the same Class. It is agreed and understood that sale of the Units under investment letter is a commercially reasonable disposition. The aggregate proceeds of such sale or sales shall be applied by the Secured Party as follows: (i) The Secured Party shall first pay itself all reasonable costs and expenses of preparing for and conducting such sale or sales, including without limitation its legal expenses and fees incurred; (ii) The unpaid balance of the New Note plus seven and one-half percent (7.5%) per annum simple interest on such balance for the period between default on the New Note and the date the Secured Party consummates the s...

Remedies of Secured Party. (a) After the occurrence of an Event of Default, Secured Party shall have no obligation to make further loans, extensions of credit or other financial accommodations to or on behalf of Obligor, anything in any other agreement to the contrary notwithstanding. (b) After the occurrence of an Event of Default Secured Party may declare by notice to Obligor, any and all Obligations to be immediately due and payable and all of the Obligations shall automatically be and become due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby waived by Obligor, anything in any other agreement to the contrary notwithstanding. (c) After the occurrence of an Event of Default, Secured Party may, without notice to or demand (other than any notice required by law, the giving of which is not waivable) upon Obligor (all of which are hereby waived by Obligor), without releasing Obligor from any obligation under this Agreement or any other instruments or agreements with Secured Party and without waiving any rights Secured Party may have or impairing any declaration of default or election to cause the Collateral to be sold or any sale proceeding predicated on the same: (i) demand, collect or receive upon all or any part of the Collateral and assemble or require Obligor, at Obligor’s expense, to assemble all or any part of the Collateral and, if Secured Party so requests, Obligor shall assemble the Collateral and make it available to Secured Party at a place to be designated by Secured Party; (ii) without notice, demand or other process and without charge enter any of Obligor’s premises and without breach of peace until Secured Party completes the enforcement of its rights in the Collateral, take possession of such premises or place custodians in exclusive control thereof, remain on such premises and use the same and any of Obligor’s equipment for the purpose of completing any work-in-process, preparing any Collateral for disposition and disposing of or collecting any Collateral, and in exercise of its rights under this Agreement, without payment of compensation of any kind, use any and all trademarks, trade styles, trade names, patents, patent applications, licenses, franchises and the like to the extent of Obligor’s rights therein and Obligor hereby grants a license and the right to grant sublicenses for that purpose; (iii) in such manner and to such extent as Secured Party may deem necessary to protect the Collateral or the interests, righ...

Remedies of Secured Party. 7.1 Upon debtor's default, secured party shall have each and all of the rights and remedies granted to him by the Uniform Commercial Code of Oregon, by the said note and by this agreement and may declare the note and obligations immediately due and payable and may require debtor to assemble the Collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. The debtor agrees to pay the secured party's reasonable attorney's fees and other expenses incurred by the latter in retaking, holding, preparing for sale and realizing on said Collateral. Should suit or action be instituted on this contract, on the said note or to replevy said collateral, or any part thereof, debtor agrees to pay (1) plaintiff's reasonable attorney's fees to be fixed by the trial court and (2) on appeal, if any, similar fees in the appellate court to be fixed by the appellate court, and all said sums shall be included in the obligations secured hereby.

Remedies of Secured Party. In addition to such other rights and remedies as may be provided for herein, upon the occurrence of any Event of Default and at any time thereafter, Secured Party may, without waiving any rights and remedies of a Secured Party under the Uniform Commercial Code of Texas and without any further notice, exercise one or more of the following remedies as Secured Party, in its sole discretion, may elect: (a) Secured Party may declare the Indebtedness and any interest accrued and earned thereon immediately due and payable. (b) Secured Party shall have, then or at any time thereafter, the rights and remedies provided in the Uniform Commercial Code in force in the State of Texas at the date of execution of this Security Agreement or the date of any Event of Default. (c) Secured Party may, in accordance with the terms of Section 5.3 below, in its discretion, sell, assign and deliver all or any part of the Collateral at public or private sale and bid and become purchaser at any such sale, without any notice, advertisement or demand whatsoever except for the notice provided for in Section 5.3 below. (d) All income, dividends, distributions or benefits attributable or accruing to the Collateral delivered to Secured Party may be held by Secured Party as security for the Indebtedness or applied by Secured Party on the principal amount of the Indebtedness, whether or not then due, and all interest accrued thereon, in such order or manner as Secured Party may elect. (e) Secured Party may exercise any one or more of the other rights and remedies provided for in this Agreement or the Purchase Agreement, including, but not limited to, the rights and remedies provided for in Section 4.2 and Section 4.5 above. Provided, however, Secured Party shall have no duty to exercise any of the aforesaid rights, privileges or options provided for in this Section 5.2 and shall not be responsible for any failure to do so or delay in so doing and shall not do so if such act would create or result in a violation of the federal Change in Bank Control Act or Bank Holding Company Act or any other federal, state of other governmental statute, law, rule or regulation. The Pledgors will execute all such applications and other instruments as may be necessary or appropriate to obtain any consent, approval or authorization of any federal, state or other governmental department, agency or authority as shall be necessary to effectuate any of the foregoing rights or remedies and will otherwise use their ...

Remedies of Secured Party. Upon and after a Default, each Secured Party and its respective assigns, shall have all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable law in all relevant jurisdictions, all of which rights and remedies shall be cumulative and nonexclusive to the extent permitted by law.

Remedies of Secured Party. Secured Party may, in its discretion, after an event of default: (i) require Debtor to give possession or control of the Collateral to Secured Party, and Secured Party may take possession of the Collateral without the exercise of judicial process; (ii) indorse as Debtor's agent any instruments or chattel paper in the Collateral; (iii) notify account debtors and obligors on instruments to make payment directly to Secured Party; (iv) contact account debtors directly to verify information furnished by Debtor; (v) take control of proceeds and use cash proceeds to reduce any part of the Obligation; (vi) take any action Debtor is required to take or otherwise necessary to perfect, preserve, and enforce the Security Interest, and maintain and preserve the Collateral, without notice to Debtor, and add costs of same to the Obligation (but Secured Party is under no duty to take any such action); (vii) release Collateral in its possession to Debtor, temporarily or otherwise; (viii) take control of funds generated by the Collateral, such as dividends, interest, proceeds or refunds from insurance, and use same to reduce any part of the Obligation; and (ix) waive any of its rights hereunder without such waiver prohibiting the later exercise of the same or similar rights.

Remedies of Secured Party. In the event of any default under this Agreement, then in addition to all other rights and remedies of Secured Party under this Agreement or at law or in equity, upon the occurrence of such default, or at any time thereafter, Secured Party may exercise any and all of the following respective rights and remedies, all of which shall be cumulative and not mutually exclusive: (a) Acceleration of Indebtedness. Declare all indebtedness secured by this Agreement, or any part of such indebtedness, immediately due and payable without demand or notice and proceed to collect the same; and

Remedies of Secured Party. When an Event of Default occurs, at any ------------------------- time thereafter during the continuance of the Default, Secured Party, without notice, may take all actions permitted under the Credit Documents and exercise any rights under the Uniform Commercial Code of the State of Texas (the "Uniform Commercial Code"), rights and remedies of Secured Party under this Agreement, or otherwise. Secured party may require Debtor to assemble the Collateral and make it available to Secured Party at a place which is reasonably convenient to both parties. Unless the Collateral threatens to decline quickly in value or is of a type customarily sold on a recognized market, Secured Party will give Debtor reasonable notice of the time and place of any public sale thereof or of the time after which any private sale or other intended disposition thereof is to be made. Expenses of retaking, holding, preparing for sale, selling, leasing or the like shall include Secured Party's reasonable attorney's fees and legal expenses. Secured Party shall have the authority to enter upon any premises upon which any of the same, or any Collateral, may be situated and remove the same therefrom without liability. Debtor shall be entitled to any surplus and shall be liable to Secured Party for any deficiency. The proceeds of any disposition after default available to satisfy the Obligations shall be applied to the Obligations in such order and in such manner as Secured Party in its discretion shall decide.

Remedies of Secured Party. If an Event of Default occurs and is continuing, Secured Party shall have all rights, powers, privileges and remedies granted to a secured party upon default under the California Commercial Code or otherwise provided at law, including, but not limited to, the right to contact all persons obligated to Debtor on the Collateral and to instruct such persons to deliver all Collateral directly to Secured Party. Secured Party has and possesses a security interest in all Collateral. Any forbearance or failure or delay by Secured Party in exercising any right, power or remedy hereunder will not be deemed a waiver of such right, power or remedy and any single or partial exercise of any right, power or remedy hereunder or under the Guaranty does not preclude the further exercise thereof, and every right, power and remedy of Secured Party continues in full force and effect until such right, power or remedy is waived specifically by an instrument in writing signed by Secured Party. No notice to or demand on Debtor entitles Debtor to any other or further notice or demand.