Common use of Right and Remedies Clause in Contracts

Right and Remedies. Upon the occurrence and during the continuation of an Event of Default after any applicable cure or grace period, Lender will have all rights and remedies provided by law, and all rights and remedies granted under any guaranty agreement relating to the Obligations, under any security agreement relating to the Collateral, and under all other existing and future agreements between Lender and Borrower. All rights and remedies are cumulative. Upon the occurrence and during the continuation of an Event of Default after any applicable cure or grace period, Lender may, at its election, without notice of its election and without demand, do any one or more of the following, which are all authorized by Borrowers: (a) Declare all Obligations, whether evidenced by this Agreement, any of the other Loan Documents or otherwise, immediately due and payable in full; (b) Cease making Loans or advances under this Agreement, any of the other Loan Documents or any other agreement between any Borrower and Lender; (c) Terminate this Agreement and any of the other Loan Documents as to any future liability or obligation of Lender, but without affecting Lender’s rights, security interests and mortgages in the Collateral and without affecting the Obligations; (d) Settle or adjust disputes and claims directly with Account Debtors for amounts and upon terms which Lender considers advisable and, Lender will credit Borrowers’ loan account with only the net amounts received by Lender in payment of the disputed Accounts, after deducting all Expenses incurred or expended in connection therewith; (e) Cause Borrowers to hold all returned Goods in trust for Lender, segregate all returned Goods from all other property of Borrowers or in Borrowers’ possession and conspicuously label the returned Goods as the property of Lender; (f) Without notice to or demand upon Borrowers, make payments and do acts Lender considers necessary or reasonable to protect its security interest in the Collateral. Borrowers agree to assemble the Collateral if Lender so requires and to deliver (to the extent movable) or make the Collateral available to Lender at Borrowers’ then-current location(s). Borrowers authorize Lender to enter any premises where the Collateral is located, to take and maintain possession of the Collateral, or any part of it, and to pay, purchase, contest or compromise any encumbrance, charge or lien that in Lender’s determination appears to be prior or superior to its security interest and to pay all expenses incurred in connection therewith. With respect to any of Borrowers’ owned premises, Borrowers hereby grant Lender a license to enter into possession of the premises and to occupy the premises, without charge, in order to exercise any of Lender’s rights or remedies provided in this Agreement, at law, in equity, or otherwise; (g) Without notice to Borrowers (which notice is expressly waived) and without constituting a retention of any Collateral in satisfaction of an obligation (within the meaning of Section 9-620 of the UCC), hold or set off and apply to the Obligations any (i) balances and deposits of Borrowers held by Lender (including any amounts received in the DACA Account), or (ii) indebtedness at any time owing to or for the credit or the account of Borrowers held by Lender; (h) Hold, or set off and apply, as cash collateral, any and all balances and deposits of Borrowers held by Lender (including any amounts received in the Blocked Account) to secure the Obligations; (i) Ship, reclaim, recover, store, finish, maintain, repair, prepare for sale, advertise for sale and sell the Collateral. Lender is hereby granted a license and right to use, without charge, Borrowers’ labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks, service marks, and advertising matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any Collateral. Borrowers’ rights under all licenses and all franchise agreements will inure to Lender’s benefit; (j) Sell the Collateral at either a public or private sale, or both, by way of one or more contracts or transactions, for cash or on terms, in the manner and at the places (including Borrowers’ premises) as Lender determines is commercially reasonable. It will not be necessary that the Collateral be present at any sale; (k) Lender will give notice of the disposition of the Collateral as follows: (i) Lender will give Borrowers and each holder of a security interest in the Collateral who has filed with Lender a written request for notice, a notice in writing of the time and place of public sale or, if the sale is a private sale or some other disposition other than a public sale is to be made, then the time on or after which the private sale or other disposition is to be made; (ii) The notice will be personally delivered or mailed, postage prepaid, to Borrowers as provided in Section 11.8, at least ten days before the date fixed for the sale, or at least ten days before the date on or after which the private sale or other disposition is to be made, unless the Collateral is perishable or threatens to decline speedily in value. Notice to persons other than Borrowers claiming an interest in the Collateral will be sent to the addresses as they have furnished to Lender; (l) Lender may credit bid and purchase at any public sale; (m) Any deficiency that exists after disposition of the Collateral as provided above will be paid immediately by Borrowers. Any excess will be remitted without interest by Lender to the party or parties legally entitled to the excess; and (n) In addition to the foregoing, Lender will have all rights and remedies provided by law and any rights and remedies contained in any other Loan Documents. All rights and remedies will be cumulative.

Right and Remedies. Upon the occurrence and during the continuation of an Event of Default after any applicable cure (not cured within the time or grace periodperiod specifically provided in SECTION 9), Lender will have has all rights and remedies provided by law, and all such rights and remedies granted under any guaranty agreement relating to the ObligationsObligations (including, under without limitation, the Guaranties) or any security agreement relating to the Collateral, and under all other existing and future agreements between Lender and the Borrower. All such rights and remedies are cumulative. Upon the occurrence and during the continuation of an Event of Default after any applicable cure or grace periodDefault, Lender may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are all authorized by BorrowersBorrower: (a) Declare all Obligations, whether evidenced by this Agreement, a Note, any of the other Loan Documents or otherwise, immediately due and payable in full; (b) Cease making Loans or advances under this Agreement, any of the other Loan Documents or any other agreement between any Borrower and Lender; (c) Terminate this Agreement and any of the other Loan Documents as to any future liability or obligation of Lender, but without affecting Lender’s 's rights, security interests and mortgages in the Collateral and without affecting the Obligations; (d) Settle or adjust disputes and claims directly with Account Debtors for amounts and upon terms which Lender considers advisable and, in such cases, Lender will credit Borrowers’ Borrower's loan account with only the net amounts received by Lender in payment of the such disputed Accounts, after deducting all Expenses incurred or expended in connection therewith; (e) Cause Borrowers Borrower to hold all returned Goods Inventory in trust for Lender, segregate all returned Goods Inventory from all other property of Borrowers Borrower or in Borrowers’ Borrower's possession and conspicuously label the said returned Goods Inventory as the property of Lender; (f) Without notice to or demand upon BorrowersBorrower or any guarantor, make such payments and do such acts as Lender considers necessary or reasonable to protect its security interest in the Collateral. Borrowers agree Borrower agrees to assemble the Collateral if Lender so requires and to deliver (to the extent movable) or make the Collateral available to Lender at Borrowers’ then-current location(s)a place reasonably designated by Lender. Borrowers authorize Borrower authorizes Lender to enter any premises where the Collateral is located, to take and maintain possession of the Collateral, or any part of it, and to pay, purchase, contest or compromise any encumbrance, charge or lien that in Lender’s 's determination appears to be prior or superior to its security interest and to pay all expenses incurred in connection therewith. With respect to any of Borrowers’ Borrower's owned premises, Borrowers Borrower hereby grant grants Lender a license to enter into possession of the such premises and to occupy the premisessame, without charge, in order to exercise any of Lender’s 's rights or remedies provided in this Agreementherein, at law, in equity, or otherwise; (g) Without notice to Borrowers Borrower (which such notice is being expressly waived) and without constituting a retention of any Collateral in satisfaction of an obligation (within the meaning of Section 9-620 of the UCC), hold or set off and apply to the Obligations any and all (i) balances and deposits of Borrowers Borrower held by Lender (including any amounts received in the DACA Accounta lockbox or blocked account), or (ii) indebtedness at any time owing to or for the credit or the account of Borrowers Borrower held by Lender; (h) Hold, or set off and apply, as cash collateral, any and all balances and deposits of Borrowers Borrower held by Lender (including any amounts received in the Blocked Accounta lockbox or blocked account) to secure the Obligations; (i) Ship, reclaim, recover, store, finish, maintain, repair, prepare for sale, advertise for sale and sell the CollateralCollateral (in the manner provided for herein). Lender is hereby granted a license and right to use, without charge, Borrowers’ Borrower's labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks, service marks, and advertising matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any Collateral. Borrowers’ Borrower's rights under all licenses and all franchise agreements will shall inure to Lender’s 's benefit; (j) Sell the Collateral at either a public or private sale, or both, by way of one or more contracts or transactions, for cash or on terms, in the such manner and at the such places (including Borrowers’ Borrower's premises) as Lender determines is commercially reasonable. It will shall not be necessary that the Collateral be present at any such sale; (k) Lender will shall give notice of the disposition of the Collateral as follows: (i) Lender will shall give Borrowers the Borrower and each holder of a security interest in the Collateral who has filed with Lender a written request for notice, a notice in writing of the time and place of public sale or, if the sale is a private sale or some other disposition other than a public sale is to be made, then the time on or after which the private sale or other disposition is to be made; (ii) The notice will be personally delivered or mailed, postage prepaid, to Borrowers Borrower as provided in Section SECTION 11.8, at least ten days Business Days before the date fixed for the sale, or at least ten days Business Days before the date on or after which the private sale or other disposition is to be made, unless the Collateral is perishable or threatens to decline speedily in value. Notice to persons other than Borrowers Borrower claiming an interest in the Collateral will shall be sent to the such addresses as they have furnished to Lender; (l) Lender may credit bid and purchase at any public sale; (m) Any deficiency that exists after disposition of the Collateral as provided above will shall be paid immediately by BorrowersBorrower. Any excess will be remitted without interest by Lender to the party or parties legally entitled to the such excess; and (n) In addition to the foregoing, Lender will shall have all rights and remedies provided by law and any rights and remedies contained in any other Loan Documents. All such rights and remedies will shall be cumulative.

Right and Remedies. Upon the occurrence and during the continuation of an Event of Default after (not cured within any time or grace period specifically provided in Section 9) and subject in all cases to Section 5.7 any applicable cure laws or grace periodregulations that prohibit such actions in respect of Medicare Accounts or Medicaid Accounts, Lender will have all rights and remedies provided by law, and all such rights and remedies granted under any guaranty agreement Loan Documents relating to the Obligations, under any security agreement relating to the Collateral, and under all other existing and future agreements between Lender and BorrowerBorrowers or Guarantor. All such rights and remedies are cumulative. Upon the occurrence and during the continuation of an Event of Default after any applicable cure or grace periodDefault, Lender may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are all authorized by Borrowers: (a) Declare all Obligations, whether evidenced by this Agreement, a Notes, any of the other Loan Documents or otherwise, immediately due and payable in full; (b) Cease making Loans or advances under this Agreement, any of the other Loan Documents or any other agreement between any Borrower and LenderRevolving Loans; (c) Terminate this Agreement and any of the other Loan Documents as to any future liability or obligation of Lender, but without affecting Lender’s 's rights, security interests and mortgages in the Collateral and without affecting the Obligations; (d) Settle or adjust disputes and claims directly with Account Debtors for amounts and upon terms which Lender considers advisable and, in such cases, Lender will credit Borrowers’ loan account the Revolving Loans with only the net amounts received by Lender in payment of the such disputed Accounts, after deducting all Expenses incurred or expended in connection therewith; (e) Cause Borrowers to hold all returned Goods in trust for Lender, segregate all returned Goods from all other property of Borrowers or in Borrowers’ possession and conspicuously label the returned Goods as the property of Lender; (f) Without notice to or demand upon Borrowers, make Make such payments and do such acts as Lender considers necessary or reasonable to protect its security interest in the Collateral. Borrowers agree to assemble the any tangible Collateral if Lender so requires and to deliver (to the extent movable) or make the Collateral available to Lender at Borrowers’ then-current location(s)a place reasonably designated by Lender. Borrowers authorize Lender to enter any premises where the Collateral is located, to take and maintain possession of the Collateral, or any part of it, and to pay, purchase, contest or compromise any encumbrance, charge or lien that in Lender’s 's determination appears to be prior or superior to its security interest and to pay all expenses incurred in connection therewith. With respect to any of Borrowers’ owned premisespremises leased by either Borrower, Borrowers hereby grant Lender a license to enter into possession of the such premises and to occupy the premisessame, without charge, in order to exercise any of Lender’s 's rights or remedies provided in this Agreementherein, at law, in equity, or otherwise; (gf) Without notice to Borrowers (which such notice is being expressly waived) and without constituting a retention of any Collateral in satisfaction of an obligation (within the meaning of Section 9-620 of the UCC), hold or set off and apply to the Obligations any and all (i) balances and deposits of Borrowers either Borrower held by Lender (including any amounts received in the DACA Account)Lender, or (ii) indebtedness at any time owing to or for the credit or the account of Borrowers Borrower held by Lender; (hg) Hold, or set off and apply, as cash collateral, any and all balances and deposits of Borrowers either Borrower (including in any Deposit Accounts) held by Lender (including any amounts received or in the Blocked Account) which Lender has a security interest to secure the Obligations; (ih) Ship, reclaim, recover, store, finish, maintain, repair, prepare Upon application to the United States District Court for sale, advertise for sale and sell the Collateral. Lender is hereby granted a license and right to use, without charge, Borrowers’ labels, patents, copyrights, rights Eastern District of use of any name, trade secrets, trade names, trademarks, service marks, and advertising matterMichigan, or any property other court of competent jurisdiction, seek the immediate appointment of a similar nature, as it pertains to receiver for all or part of the Collateral, in completing production ofwhether such receivership is incidental to a proposed sale of the Collateral, advertising pursuant to the UCC or otherwise. Borrowers hereby consent to the appointment of such a receiver without bond, to the full extent permitted by applicable statute or law; (i) upon the occurrence and during the continuation of an Event of Default, confess judgment against CCT for sale the sole purpose of obtaining a court order or judgment allowing Lender to collect Medicare Accounts and selling any Collateral. Borrowers’ rights under all licenses and all franchise agreements will inure Medicaid Accounts directly from the applicable Account Debtors pursuant to Lender’s benefit;the Warrant of Attorney attached as Exhibit 10.1(i). (j) Sell the Collateral at either a public or private sale, or both, by way of one or more contracts or transactions, for cash or on terms, in the such manner and at the such places (including Borrowers’ premises) as Lender determines is commercially reasonable. It will not be necessary that the Collateral be present at any such sale; (k) Lender will give notice of the disposition of the Collateral as follows: (i) Lender will give Borrowers and each holder of a security interest in the Collateral who has filed with Lender a timely written request for notice, a notice in writing of the time and place of public sale or, if the sale is a private sale or some other disposition other than a public sale is to be made, then the time on or after which the private sale or other disposition is to be made; (ii) The notice will be personally delivered (including by overnight courier) or mailed, postage prepaid, to Borrowers Borrower as provided in Section 11.8, at least ten days Business Days before the date fixed for the sale, or at least ten days Business Days before the date on or after which the private sale or other disposition is to be made, unless the Collateral is perishable or threatens to decline speedily in value. Notice to persons other than Borrowers claiming an interest in the Collateral will be sent to the such addresses as they have furnished to Lender; (l) Lender may credit bid and purchase at any public sale; (m) Any deficiency that exists after disposition of the Collateral as provided above will be paid immediately by Borrowers. Any excess will be remitted without interest by Lender to the party or parties legally entitled to the such excess; and (n) In addition to the foregoing, Lender will have all rights and remedies provided by law and any rights and remedies contained in any other Loan Documents. All such rights and remedies will be cumulative.

Right and Remedies. Upon the occurrence and during the continuation of an Event of Default after any applicable cure (not cured within the time or grace periodperiod specifically provided in Section 9) and subject to any provisions of the PPSA or the Bankruptcy and Insolvency Act (Canada) applicable to Subsidiary or its assets, Lender will have has all rights and remedies provided by law, and all such rights and remedies granted under any guaranty agreement relating to the Obligations, under any security agreement relating to the Collateral, and under all other existing and future agreements between Lender and Borrowerthe Borrowers. All such rights and remedies are cumulative. Upon the occurrence and during the continuation of an Event of Default after any applicable cure or grace periodDefault, Lender may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are all authorized by Borrowers: (a) Declare all Obligations, whether evidenced by this Agreement, a Note, any of the other Loan Documents or otherwise, immediately due and payable in full; (b) Cease making Loans or advances under this Agreement, any of the other Loan Documents or any other agreement between any either Borrower and Lender; (c) Terminate this Agreement and any of the other Loan Documents as to any future liability or obligation of Lender, but without affecting Lender’s 's rights, security interests and mortgages in the Collateral and without affecting the Obligations; (d) Settle or adjust disputes and claims directly with Account Debtors for amounts and upon terms which Lender considers advisable and, in such cases, Lender will credit Borrowers’ ' loan account with only the net amounts received by Lender in payment of the such disputed Accounts, after deducting all Expenses incurred or expended in connection therewith; (e) Cause Borrowers to hold all returned Goods Inventory in trust for Lender, segregate all returned Goods Inventory from all other property of Borrowers or in Borrowers’ ' possession and conspicuously label the said returned Goods Inventory as the property of Lender; (f) Without notice to or demand upon Borrowers, make such payments and do such acts as Lender considers necessary or reasonable to protect its security interest in the Collateral. Borrowers agree to assemble the Collateral if Lender so requires and to deliver (to the extent movable) or make the Collateral available to Lender at Borrowers’ then-current location(s)a place designated by Lender. Borrowers authorize Lender to enter any premises where the Collateral is located, to take and maintain possession of the Collateral, or any part of it, and to pay, purchase, contest or compromise any encumbrance, charge or lien that in Lender’s 's determination appears to be prior or superior to its security interest and to pay all expenses incurred in connection therewith. With respect to any of Borrowers’ owned premises, Borrowers hereby grant Lender a license to enter into possession of the premises and to occupy the premises, without charge, in order to exercise any of Lender’s rights or remedies provided in this Agreement, at law, in equity, or otherwise; (g) Without Subject to any requirements or limitations under the PPSA or the BIA applicable to Subsidiary or its assets, without notice to Borrowers (which such notice is being expressly waived) and without constituting a retention of any Collateral in satisfaction of an obligation (within the meaning of Section 9-620 of the UCCUniform Commercial Code or the PPSA, as applicable), hold or set off and apply to the Obligations any and all (i) balances and deposits of Borrowers held by Lender (including any amounts received in the DACA Accounta lockbox or blocked account), or (ii) indebtedness at any time owing to or for the credit or the account of Borrowers held by Lender; (h) HoldSubject to any requirements or limitations under the PPSA or the BIA applicable to Subsidiary or its assets, hold, or set off and apply, as cash collateral, any and all balances and deposits of Borrowers either Borrower held by Lender (including any amounts received in the Blocked Accounta lockbox or blocked account) to secure the Obligations; (i) ShipSubject to any requirements or limitations under the PPSA or the BIA applicable to Subsidiary or its assets, ship, reclaim, recover, store, finish, maintain, repair, prepare for sale, advertise for sale and sell the CollateralCollateral (in the manner provided for herein). Lender is hereby granted a license and right to use, without charge, Borrowers’ Borrower's respective labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks, service marks, and advertising matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any Collateral. Borrowers’ ' rights under all licenses and all franchise agreements will shall inure to Lender’s 's benefit; (j) Sell Subject to any requirements or limitations under the PPSA or the BIA applicable to Subsidiary or its assets, sell the Collateral at either a public or private sale, or both, by way of one or more contracts or transactions, for cash or on terms, in the such manner and at the such places (including Borrowers’ ' premises) as Lender determines is commercially reasonable. It will is not be necessary that the Collateral be present at any such sale; (k) Subject to any requirements or limitations under the PPSA or the BIA applicable to Subsidiary or its assets, Lender will shall give notice of the disposition of the Collateral as follows: (i1) Lender will shall give the Borrowers and each holder of a security interest in the Collateral who has filed with Lender a written request for notice, a notice in writing of the time and place of public sale or, if the sale is a private sale or some other disposition other than a public sale is to be made, then the time on or after which the private sale or other disposition is to be made; (ii2) The notice will be personally delivered or mailed, postage prepaid, to Borrowers as provided in Section 11.812.8, at least ten days Business Days before the date fixed for the sale, or at least ten days Business Days before the date on or after which the private sale or other disposition is to be made, unless the Collateral is perishable or threatens to decline speedily in value. Notice to persons other than Borrowers claiming an interest in the Collateral will shall be sent to the such addresses as they have furnished to Lender; (l) Subject to any requirements or limitations under the PPSA or the BIA applicable to Subsidiary or its assets, Lender may credit bid and purchase at any public sale; (m) Any Subject to any requirements or limitations under the PPSA or the BIA applicable to Subsidiary or its assets, any deficiency that exists after disposition of the Collateral as provided above will shall be paid immediately by Borrowers. Any excess will be remitted without interest by Lender to the party or parties legally entitled to the such excess; and (n) In addition to the foregoing, Lender will shall have all rights and remedies provided by law and any rights and remedies contained in any other Loan Documents. All such rights and remedies will shall be cumulative.

Right and Remedies. Upon the occurrence and during the continuation of an Event of Default after (not cured within any applicable cure time or grace periodperiod specifically provided in Section 9), Lender will have has all rights and remedies provided by law, and all such rights and remedies granted under any guaranty agreement relating to the Obligations, under Obligations or any security agreement or Mortgage relating to the Collateral, and under all other existing and future agreements between Lender and Borrowerthe Borrowers. All such rights and remedies are cumulative. Upon the occurrence and during the continuation of an Event of Default after not cured within any applicable cure or grace periodperiod specifically provided for in Section 9 above, Lender may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are all authorized by Borrowerseach Borrower: (a) Declare all Obligations, whether evidenced by this Agreement, a Note, any of the other Loan Documents or otherwise, immediately due and payable in full; (b) Cease making Loans or advances under this Agreement, any of the other Loan Documents or any other agreement between any Borrower and Lender; (c) Terminate this Agreement and any of the other Loan Documents as to any future liability or obligation of Lender, but without affecting Lender’s 's rights, security interests and mortgages in the Collateral and without affecting the Obligations; (d) Settle or adjust disputes and claims directly with Account Debtors for amounts and upon terms which Lender considers advisable and, in such cases, Lender will credit Borrowers’ the applicable Borrower's loan account with only the net amounts received by Lender in payment of the such disputed Accounts, after deducting all Expenses incurred or expended in connection therewith; (e) Cause Borrowers each Borrower to hold all returned Goods Inventory in trust for Lender, segregate all returned Goods Inventory from all other property of Borrowers such Borrower or in Borrowers’ such Borrower's possession and conspicuously label the said returned Goods Inventory as the property of being subject to Lender's security interest; (f) Without notice to or demand upon BorrowersBorrowers or any guarantor, make such payments and do such acts as Lender considers necessary or reasonable to protect its security interest in the Collateral. Borrowers agree Each Borrower agrees to assemble the Collateral if Lender so requires and to deliver (to the extent movable) or make the Collateral available to Lender at Borrowers’ then-current location(s)a place designated by Lender. Borrowers authorize Each Borrower authorizes Lender to enter any premises where the Collateral is located, to take and maintain possession of the Collateral, or any part of it, and to pay, purchase, contest or compromise any encumbrance, charge or lien that in Lender’s 's determination appears to be prior or superior to its security interest and to pay all expenses incurred in connection therewith. With respect to any of Borrowers’ any Borrower's owned premises, Borrowers each Borrower hereby grant grants Lender a license to enter into possession of the such premises and to occupy the premisessame, without charge, in order to exercise any of Lender’s 's rights or remedies provided in this Agreementherein, at law, in equity, or otherwise; (g) Without notice to Borrowers any Borrower (which such notice is being expressly waived) and without constituting a retention of any Collateral in satisfaction of an obligation (within the meaning of Section 9-620 505 of the UCCUniform Commercial Code), hold or set off and apply to the Obligations any and all (i) balances and deposits of Borrowers any Borrower held by Lender (including any amounts received in the DACA Accounta lockbox or blocked account), or (ii) indebtedness at any time owing to or for the credit or the account of Borrowers any Borrower held by Lender; (h) Hold, or set off and apply, as cash collateral, any and all balances and deposits of Borrowers any Borrower held by Lender (including any amounts received in the Blocked Accounta lockbox or blocked account) to secure the Obligations; (i) Ship, reclaim, recover, store, finish, maintain, repair, prepare for sale, advertise for sale and sell the CollateralCollateral (in the manner provided for herein). Lender is hereby granted a license and right to use, without charge, Borrowers’ each Borrower's labels, patents, copyrights, rights of use of any name, trade secrets, trade names, trademarks, service marks, and advertising matter, or any property of a similar nature, as it pertains to the Collateral, in completing production of, advertising for sale and selling any Collateral. Borrowers’ Each Borrower's rights under all licenses and all franchise agreements will shall inure to Lender’s 's benefit; (j) Sell the Collateral at either a public or private sale, or both, by way of one or more contracts or transactions, for cash or on terms, in the such manner and at the such places (including Borrowers’ at each Borrower's premises) as Lender determines is commercially reasonable. It will is not be necessary that the Collateral be present at any such sale; (k) Lender will shall give notice of the disposition of the Collateral as follows: (i1) Lender will shall give Borrowers the involved Borrower and each holder of a security interest in the Collateral who has filed with Lender a written request for notice, a notice in writing of the time and place of public sale or, if the sale is a private sale or some other disposition other than a public sale is to be made, then the time on or after which the private sale or other disposition is to be made; (ii2) The notice will be personally delivered or mailed, postage prepaid, to Borrowers the involved Borrower as provided in Section 11.812.8, at least ten days Business Days before the date fixed for the sale, or at least ten days Business Days before the date on or after which the private sale or other disposition is to be made, unless the Collateral is perishable or threatens to decline speedily in value. Notice to persons other than Borrowers the involved Borrower claiming an interest in the Collateral will shall be sent to the such addresses as they have furnished to Lender; (l) Lender may credit bid and purchase at any public sale; (m) Any deficiency that exists after disposition of the Collateral as provided above will shall be paid immediately by the Borrowers. Any excess will be remitted without interest by Lender to the party or parties legally entitled to the such excess; and (n) In addition to the foregoing, Lender will shall have all rights and remedies provided by law and any rights and remedies contained in any other Loan Documents. All such rights and remedies will shall be cumulative.