Common use of Rights and Remedies Generally Clause in Contracts

Rights and Remedies Generally. Upon acceleration of the Obligations, the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent shall have the right to conduct such sales on the Borrowers' premises, at the Borrowers' expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 3 contracts

Samples: Loan and Security Agreement (Lois/Usa Inc), Loan and Security Agreement (Lois/Usa Inc), Loan and Security Agreement (Lois/Usa Inc)

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Rights and Remedies Generally. Upon acceleration In the event of the Obligationsa Default, the Agent, on behalf of the Lenders, Agent shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code and other applicable laws. All of the rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable lawslaws or otherwise, all of which rights and remedies shall be cumulative cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on premises of a Borrower, at such Borrower's expense, pending sale or other disposition of the Collateral. Agent shall have the right to conduct such sales on the Borrowers' such premises, at the Borrowers' such Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 3 contracts

Samples: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp)

Rights and Remedies Generally. Upon acceleration of the Obligations, the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent shall have the right to conduct such sales on the Borrowers' Borrower's premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 2 contracts

Samples: Loan and Security Agreement (Brothers Gourmet Coffees Inc), Loan and Security Agreement (Plainwell Inc)

Rights and Remedies Generally. Upon acceleration If an Event of the ObligationsDefault occurs and is continuing, the Agent, on behalf of Agent and the Lenders, Collateral Agent shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing AgreementsLoan Documents, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative cumulative, and non-none exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Collateral Agent or the Agent after the occurrence of an Event of Default may be for cash, credit or any combination thereof, and the Collateral Agent or any Lender the Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-set off the amount of such purchase price against the Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent or the Collateral Agent, may, in its sole discretion, cause the Collateral to remain on the premises of any Borrower, at the expense of the Borrowers, pending sale or other disposition of the Collateral. The Agent or the Collateral Agent shall have the right to conduct such sales on the Borrowers' premisespremises of any Borrower, at the expense of the Borrowers' expense, or elsewhere, on such occasion or occasions as the Agent it may see fit.

Appears in 2 contracts

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc), Loan and Security Agreement (KMC Telecom Holdings Inc)

Rights and Remedies Generally. Upon acceleration the occurrence of the Obligationsa Default, the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender Agent, on behalf of the Lenders, may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on the Borrower's premises, at the Borrower's expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on the Borrowers' Borrower's premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc), Loan and Security Agreement (Amcraft Building Products Co Inc)

Rights and Remedies Generally. Upon acceleration In the event of the Obligationsa Default, the Agent, on behalf of the Lenders, Lender shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all . All of which the rights and remedies of Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent Lender after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent Lender may, in its sole discretion, cause the Collateral to remain on premises of Borrower, at Borrower's expense, pending sale or other disposition of the Collateral. Lender shall have the right to conduct such sales on the Borrowers' such premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent Lender may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Digital Technologies Corp)

Rights and Remedies Generally. Upon acceleration the occurrence of the Obligationsa Default, ---------------------------- the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender Agent, on behalf of the Lenders, may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on the Borrower's premises, at the Borrower's expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on the Borrowers' Borrower's premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc)

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Rights and Remedies Generally. Upon acceleration If an Event of the ObligationsDefault occurs and is continuing, the Agent, on behalf of the Lenders, Lender shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing AgreementsLoan Documents, all of the rights and remedies of a secured party under the Uniform Commercial Code as in effect in all jurisdictions where the Collateral is located or other applicable laws, all of which rights and remedies shall be cumulative cumulative, and non-none exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by Lender after the Agent after occurrence of an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-set off the amount of such purchase price against the Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent Lender may, in its sole discretion, cause the Collateral to remain on the Borrower's premises, at the Borrower's expense, pending sale or other disposition of the Collateral. Lender shall have the right to conduct such sales on the Borrowers' Borrower's premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent Lender may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (American Communications Services Inc)

Rights and Remedies Generally. Upon acceleration In the event of the Obligationsa Default, the Agent, on behalf of the Lenders, Agent shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all . All of which the rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on the premises of Borrower, at Borrower's expense, pending sale or other disposition of the Collateral. Agent shall have the right to conduct such sales on the Borrowers' such premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (Webco Industries Inc)

Rights and Remedies Generally. Upon acceleration of the ObligationsLiabilities, the Agent, on behalf of the Lenders, Lender shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing AgreementsRelated Documents, all of the rights and remedies of a secured party under the Code UCC or other applicable laws, all of which rights and remedies shall be cumulative and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent Lender shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent Lender after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent Lender shall have the right to conduct such sales on the Borrowers' any Borrower's premises, at the Borrowers' expense, or elsewhere, on such occasion or occasions as the Agent Lender may see fit.

Appears in 1 contract

Samples: Secured Credit Agreement (Diplomat Direct Marketing Corp)

Rights and Remedies Generally. Upon acceleration of the Obligations, the Agent, on behalf of the Lenders, Lender shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing AgreementsAgreement, all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable laws, all of which rights and remedies shall be cumulative and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent Lender shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent Lender after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent shall have Lender may, in its sole discretion, cause the right Collateral to conduct such sales remain on the Borrowers' premisesBorrower's premises or otherwise or to be removed and stored at premises owned by other persons, at the Borrowers' Borrower's expense, pending sale or elsewhere, on such occasion or occasions as other disposition of the Agent may see fit.Collateral. The Lender shall have

Appears in 1 contract

Samples: Revolving Credit Facility and Security Agreement (LCC International Inc)

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