Remedies of the Secured Party. Whenever the security granted pursuant to this agreement shall have become enforceable, and so long as it shall remain enforceable, the Secured Party may proceed to realize such security and to enforce its rights by:
Remedies of the Secured Party. If the security interests hereby created become enforceable, the Secured Party may enforce its rights by any one or more of the following remedies:
Remedies of the Secured Party. In the event of the occurrence of one or more of the Events of Default, and if the Secured Party elects to accelerate the Note and require the entire unpaid principal balance under the Note, together with interest and other charges, if any, secured by this Security Agreement to be immediately due and payable in full, each of the following shall apply;
Remedies of the Secured Party. 16. Whenever the security hereby constituted shall have become enforceable, and so long as it shall remain enforceable, the Company will have no right to vote or take any other action with respect to any securities constituting Charged Assets or receive any dividends or interest (whether declared or payable before or after the security hereby constituted becoming enforceable) in respect of the Charged Assets and the Secured Party may proceed to realize such security and to enforce its rights by:
(a) entry;
(b) the appointment by instrument in writing of a receiver or receivers of the Charged Assets or any part thereof (which receiver or receivers may be any person or persons, whether an officer or officers or employee or employees of the Secured Party or not and the Secured Party may remove any receiver or receivers so appointed and appoint another or others in his or their stead);
(c) proceedings in any court of competent jurisdiction for the appointment of a receiver or receivers or for sale of the Charged Assets or any part thereof; or
(d) any other action, suit, remedy or proceeding authorized or permitted hereby or by law or by equity. In addition, the Secured Party may file such proofs of claim and other documents as may be necessary or advisable in order to have its claim lodged in any bankruptcy, insolvency winding-up or other judicial proceedings relative to the Company.
Remedies of the Secured Party. If the Security Interests become enforceable, the Secured Party may enforce its rights by any one or more of the following remedies, subject to the terms of the Senior Secured Debt documents and as permitted thereunder:
6.5.1 by taking possession of the Collateral or any part of it, and collecting, demanding, suing, enforcing, recovering, receiving and otherwise getting in the Collateral, and for that purpose entering into and upon any lands, buildings, and premises and doing any act and taking any proceedings in the name of each of the Debtors, or otherwise, as applicable and as the Secured Party considers necessary;
6.5.2 by proceedings in any court of competent jurisdiction for the appointment of a Receiver or of all or any part of the Collateral;
6.5.3 by proceedings in any court of competent jurisdiction for the sale or foreclosure of all or any part of the Collateral;
6.5.4 by filing of proofs of claim and other documents to establish its claims in any proceeding or proceedings relating to any of the Debtors;
6.5.5 by appointment by instrument in writing of a Receiver of all or any part of the Collateral;
6.5.6 by sale or lease by the Secured Party of all or any part of the Collateral (whether or not it has taken possession of the Collateral);
6.5.7 by retaining any of the Collateral in satisfaction of all or part of the Obligations, in accordance with Section Error! Reference source not found.;
6.5.8 by any other remedy or proceeding authorized or permitted by this Agreement or by law or equity, including all of the rights and remedies of a secured party under the PPSA; and in exercising, delaying in exercising or failing to exercise, any such right or remedy the Secured Party will not incur any liability to any of the Debtors.
Remedies of the Secured Party. 16. Whenever the security hereby constituted shall have become enforceable, and so long as it shall remain enforceable, the Company will have no right to vote or take any other action with respect to any securities constituting Charged Assets or receive any dividends or interest (whether declared or payable before or after the security hereby constituted becoming enforceable) in respect of the Charged Assets, and the Secured Party may proceed to realize such security and to enforce its rights by:
(a) entry;
(b) the appointment by instrument in writing of a receiver or receivers of the Charged Assets or any part thereof (which receiver or receivers may be any Person or Persons, whether an officer or officers or employee or employees of the Secured Party
Remedies of the Secured Party. Upon the occurrence of an Event of Default, the Secured Party may declare immediately due and payable all or any Obligations secured hereby and Secured Party may, at Secured Party’s discretion, (1) sell the Collateral at public or private sale pursuant to the terms of this agreement or the Missouri Uniform Commercial Code; (2) make all cash distributions and payments with respect to the Collateral directly to Secured Party, and (3) exercise any other rights it may have under this Agreement or under applicable law including the remedies of a secured party under the Uniform Commercial Code. All remedies of the Secured Party under this Agreement are cumulative. No delay on the part of the Secured Party in the exercise of any right or remedy will operate as a waiver of the right or remedy, and no single or partial exercise by the Secured Party of any right or remedy will preclude other or further exercise of the right or remedy. The Secured Party shall give the Pledgor not less than 10 days’ notice of any public or private sale of the Collateral. The Secured Party will be entitled to bid for and purchase the Collateral at any public sale. At any sale made pursuant to this section 7 (whether public or private sale), the Secured Party may bid for or purchase, free from any right of redemption on the part of the Borrower (all said rights being also waived and released), all or any portion of the Collateral offered for sale and may make payment on account thereof by using any outstanding balance of the Note as a credit against the purchase price, and the Secured Party may, upon compliance with the terms of sale, hold, retain and dispose of such Collateral without further accountability. The Pledgor recognizes that the Secured Party may be unable to effect a public sale of all or part of the Collateral and may be compelled to resort to one or more private sales to a restricted group of purchasers who will be obligated to agree, among other things, to acquire such Collateral for their own account, for investment, and not with a view to the distribution or resale thereof. The Pledgor acknowledges that any such private sales may be at prices and on terms less favorable to the seller than if sold at public sales and agrees that such private sales will be deemed to have been made in a commercially reasonable manner, and that the Secured Party will be under no obligation to delay a sale of any of the Collateral for the period of time necessary to permit the issuing corpo...
Remedies of the Secured Party. 16. Whenever the security hereby constituted shall have become enforceable, and so long as it shall remain enforceable, the Companies will have no right to vote or take any other action with respect to any securities constituting Charged Assets or receive any dividends or interest (whether declared or payable before or after the security hereby constituted becoming enforceable) in respect of the Charged Assets, and the Secured Party may proceed to realize such security and to enforce its rights by:
(a) entry;
(b) the appointment by instrument in writing of a receiver or receivers of the Charged Assets or any part thereof (which receiver or receivers may be any person or persons, whether an officer or officers or employee or employees of the Secured Party or not and the Secured Party may remove any receiver or receivers so appointed and appoint another or others in his or their stead);
(c) proceedings in any court of competent jurisdiction for the appointment of a receiver or receivers or for sale of the Charged Assets or any part thereof; or
(d) any other action, suit, remedy or proceeding authorized or permitted hereby or by law or by equity. In addition, the Secured Party may file such proofs of claim and other documents as may be necessary or advisable in order to have its claim lodged in any bankruptcy, insolvency winding-up or other judicial proceedings relative to any of the Companies. The Secured Party or any receiver or receivers so appointed shall have power to:
(i) take possession of and to use the Charged Assets or any part thereof with power to exclude the Companies and their officers, employees and agents therefrom;
(ii) carry on the business of the Companies (including, but not limited to, the taking or defending of any actions or legal proceedings, and the doing or refraining from doing all other things as to it, acting reasonably, may seem necessary or desirable in connection with the business, operations and affairs of the Companies);
(iii) take all such steps as it may consider necessary or desirable for the purposes of preserving, maintaining and completing all or any part of the Charged Assets and making such replacements thereof and improvements and additions thereto as it shall consider expedient;
(iv) receive the rents, incomes and profits of any kind whatsoever from the Charged Assets and pay therefrom
(A) any expenses of preserving, maintaining and completing the Charged Assets, of making such replacements thereof and improvements ...
Remedies of the Secured Party. 16. Whenever the security hereby constituted shall have become enforceable, and so long as it shall remain enforceable, the Company will have no right to vote or take any other action with respect to any securities constituting Charged Assets or receive any dividends or interest (whether declared or payable before or after the
Remedies of the Secured Party. Upon occurrence of an Event of Default, the Secured Party shall have the following rights and remedies:
(a) In addition to any other remedy available to the Secured Party, as provided herein or otherwise, the Secured Party may exercise any remedy available to it under applicable law, including the rights, privileges, powers and remedies of a Secured Party under the Uniform Commercial Code in effect in the State of Illinois;
(b) The Secured Party may declare the Indebtedness secured by this Security Agreement to be due and payable immediately and, upon said declaration, such principal, interest and other sums shall become and be immediately due and payable; and
(c) The Secured Party may repossess, sell or otherwise dispose of the Collateral or any part thereof in any manner provided by law and may dispose of said Collateral at a public or private sale with or without notice to the Debtor.
