Common use of Right of Possession Clause in Contracts

Right of Possession. Following the occurrence of an Event of Default and during the continuance thereof, Mortgagor shall, immediately upon Mortgagee’s demand, surrender to Mortgagee, and Mortgagee shall be entitled to take actual possession of the Property or any part thereof, personally or by its agent or attorneys. Mortgagee may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the Property, together with all documents, books, records, papers, and accounts of Mortgagor or the then owner of the Property relating thereto. Mortgagee may exclude Mortgagor, such owner, and any agents and servants from the Property. As attorney-in-fact or agent of Mortgagor or such owner, or in its own name Mortgagee may hold, operate, manage, and control all or any part of the Property, either personally or by its agents. Mortgagee shall have full power to use such measures, legal or equitable, as it may deem proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the Property, including actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Mortgagor.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Mirant North America, LLC), Mortgage, Security Agreement (Akorn Inc), Mortgage, Security Agreement (Akorn Inc)

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Right of Possession. Following In any case in which Mortgagee has a right to institute foreclosure proceedings (whether or not the occurrence entire principal sum secured hereby becomes immediately due and payable or whether before or after the institution of an Event foreclosure proceedings or whether before or after judgment thereunder and at all times until the confirmation of Default sale) and during upon Mortgagee's request to the continuance thereofcourt, Mortgagor shall, immediately upon Mortgagee’s 's demand, surrender to Mortgagee, and Mortgagee shall be entitled to take actual possession of the Property or any part thereof, personally or by its agent or attorneys. Mortgagee may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the Property, together with all documents, books, records, papers, and accounts of Mortgagor or the then owner of the Property relating thereto. Mortgagee may exclude Mortgagor, such owner, and any agents and servants from the Property. As attorney-in-fact or agent of Mortgagor or such owner, or in its own name name, Mortgagee may hold, operate, manage, and control all or any part of the PropertyProperty and conduct the business thereof, either personally or by its agents. Mortgagee shall have full power to use such measures, legal or equitable, as it may deem proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the Property, including actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Mortgagor.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Wilsons the Leather Experts Inc)

Right of Possession. Following the occurrence of an Event of Default and during the continuance thereof, Mortgagor Xxxxxxxxx shall, immediately upon Mortgagee’s demand, surrender to Mortgagee, and Mortgagee shall be entitled to take actual possession of the Property or any part thereof, personally or by its agent or attorneys. Mortgagee may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the Property, together with all documents, books, records, papers, and accounts of Mortgagor or the then owner of the Property relating thereto. Mortgagee may exclude MortgagorXxxxxxxxx, such owner, and any agents and servants from the Property. As attorney-in-fact or agent of Mortgagor or such owner, or in its own name Mortgagee may hold, operate, manage, and control all or any part of the Property, either personally or by its agents. Mortgagee shall have full power to use such measures, legal or equitable, as it may deem proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the Property, including actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Mortgagor.

Appears in 1 contract

Samples: Playtex Sales & Services Inc

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Right of Possession. Following In any case in which the occurrence Lender has a right to institute foreclosure proceedings (whether or not the entire principal sum secured hereby becomes immediately due and payable or whether before or after the institution of an Event foreclosure proceedings or whether before or after judgment thereunder and at all times until the confirmation of Default sale) and during upon the continuance thereofLender’s request to the court, Mortgagor shall, immediately upon Mortgageethe Lender’s demand, surrender to Mortgageethe Lender, and Mortgagee the Lender shall be entitled to take take, actual possession of the Property or any part thereof, personally or by its agent Lender or attorneys. Mortgagee The Lender may enter upon and take and maintain possession or may apply to the court in which a foreclosure is pending to be placed in possession of all or any part of the Property, together with all documents, books, records, papers, and accounts of Mortgagor or the then owner of the Property relating thereto. Mortgagee The Lender may exclude Mortgagor, such owner, and any agents and servants from the Property. As attorney-in-fact or agent of Mortgagor or such owner, or in its own name Mortgagee name, the Lender may hold, operate, manage, and control all or any part of the PropertyProperty and conduct the business thereof, either personally or by its agents. Mortgagee The Lender shall have full power to use such measures, legal or equitable, as it may deem proper or necessary to enforce the payment or security of the rents, issues, deposits, profits, and avails of the Property, including actions for recovery of rent, actions in forcible detainer, and actions in distress for rent, all without notice to Mortgagor.

Appears in 1 contract

Samples: Assignment of Leases and Rents, Security Agreement and Fixture (Innovative Food Holdings Inc)

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