RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full; such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; (e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative and may be exercised together, separately, and in any order. Lender's remediex xxxer this paragraph are in addition to those available under any other written agreement or applicable law.
Appears in 4 contracts
Samples: Commercial Variable Rate Revolving or Draw Note (American Consumers Inc), Commercial Variable Rate Revolving or Draw Note (American Consumers Inc), Commercial Variable Rate Revolving or Draw Note (American Consumers Inc)
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is Upon the occurrence of an Event of Default under this NoteAgreement, Lender will shall be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower Obligations immediately due and payable in full; , such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower Obligations with or without resorting to judicial process; (c) to cease making advances under this Note change Owner's mailing address, open Owner's mail, and retain any instruments or any other agreement between Borrower and Lenderremittances constituting the Collateral contained therein; (d) to take possession of any collateral Collateral in any manner permitted by law; (e) to apply for and obtain, without notice and upon ex parte application, the appointment of a receiver for the Collateral without regard to Owner's financial condition or solvency, the adequacy of the Collateral to secure the payment or performance of the obligations, or the existence of any waste to the Collateral; (f) to require Borrower Owner to deliver and make available to Lender any collateral Collateral at a place reasonably convenient to Borrower Owner and Lender; (fg) to sell, lease or otherwise dispose of any collateral Collateral and collect any deficiency balance with or without resorting to legal process; (gh) to set-off BorrowerOwner's obligations against any amounts due to Borrower Owner including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (hi) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative are cumulative and may be exercised together, separately, and in any order. Unless the Collateral is perishable, threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will provide reasonable notification of the time and place of any sale or intended disposition as required under the Uniform Commercial Code, presently or as hereafter amended or replaced. Lender has no obligation to clean up or otherwise prepare the Collateral for sale. Lender may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered adversely to affect the commercial reasonableness of any sale of the Collateral. If the Collateral consists of securities, Lender shall be entitled to transfer the securities into the name of Lender or its designee and to vote the securities. Lender shall be authorized to notify the issuer of the securities to remit any related dividends, interest and securities resulting from stock splits, reorganizations and capitalizations directly to Lender or its designee. In the event that Lender institutes an action to recover any Collateral or seeks recovery of any Collateral by way of a prejudgment remedy in an action against Owner, Owner waives the posting of any bond which might otherwise be required. Upon default, Owner shall segregate all proceeds of Collateral and hold such proceeds in trust for Lender. Lender's remediex xxxer remedies under this paragraph are in addition to those available under any other written agreement or applicable at common law, such as offset.
Appears in 2 contracts
Samples: Security Agreement (Boyd Bros Transportation Inc), Commercial Security Agreement (Boyd Bros Transportation Inc)
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of or Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) a. to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full; such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) b. to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) c. to cease making advances under this Note or any other agreement between Borrower and Lender; (d) d. to take possession of any collateral in any manner permitted by law; (e) e. to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (f) f. to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) g. to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) h. to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative are cumulative and may be exercised together, separately, and in any order. Lender's remediex xxxer remedies under this paragraph are in addition to those available under any other written agreement or applicable law.
Appears in 2 contracts
Samples: Loan and Security Agreement (Alliance Healthcard Inc), Loan and Security Agreement (Alliance Healthcard Inc)
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of or Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) ):
a. to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full; such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) ;
b. to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) ;
c. to cease making advances under this Note or any other agreement between Borrower and Lender; (d) ;
d. to take possession of any collateral in any manner permitted by law; (e) ;
e. to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (f) ;
f. to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) ;
g. to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) and
h. to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative are cumulative and may be exercised together, separately, and in any order. Lender's remediex xxxer remedies under this paragraph are in addition to those available under any other written agreement or applicable law.
Appears in 1 contract
Samples: Loan and Security Agreement (Alliance Healthcard Inc)
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): ):
(a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full; such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; ;
(b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; ;
(c) to cease making advances under this Note or any other agreement between Borrower and Lender; ;
(d) to take possession of any collateral in any manner permitted by law; ;
(e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; ;
(f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; ;
(g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and and
(h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative arx xxxxlative and may be exercised together, separately, and in any order. Lender's remediex xxxer remedies xxxxr this paragraph are in addition to those available under any other written agreement or applicable law.
Appears in 1 contract
Samples: Commercial Variable Rate Revolving or Draw Note (American Consumers Inc)
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more More of the following remedies without notice or demand (except as required Required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately Immediately due and payable in full; such acceleration shall be automatic Automatic and immediate if the Event of Default is a filing under the The Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting restoring to judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; law (e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; Lender (f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (ge) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit Deposit accounts maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative are cumulative and may be exercised together, separatelySeparately, and in any order. Lender's remediex xxxer remedies under this paragraph are Are in addition to those available under any other written agreement or applicable law.
Appears in 1 contract
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is Upon the occurrence of an Event of Default under this NoteAgreement, Lender will shall be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower Obligations immediately due and payable in full; , such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower Obligations with or without resorting to judicial process; (c) to cease making advances under this Note change Owner's mailing address, open Owner's mail, and retain any instruments or any other agreement between Borrower and Lenderremittances constituting the Collateral contained therein; (d) to take possession of any collateral Collateral in any manner permitted by law; (e) to apply for and obtain, without notice and upon ex parte application, the appointment of a receiver for the Collateral without regard to Owner's financial condition or solvency, the adequacy of the Collateral to secure the payment or performance of the obligations, or the existence of any waste to the Collateral; (f) to require Borrower Owner to deliver and make available to Lender any collateral Collateral at a place reasonably convenient to Borrower Owner and Lender; (fg) to sell, lease or otherwise dispose of any collateral Collateral and collect any any deficiency balance with or without resorting to legal process; (gh) to set-off BorrowerOwner's obligations against any amounts due to Borrower Owner including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (hi) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative and may be exercised together, separately, and in any order. Lender's remediex xxxer this paragraph are in addition to those available under any other written agreement or applicable law.
Appears in 1 contract
Samples: Commercial Security Agreement (Cybex Computer Products Corp)
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): ):
(a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full; , such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; ;
(b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; ;
(c) to cease making advances under this Note or any other agreement between Borrower and Lender; ;
(d) to take possession of any collateral in any manner permitted by law; ;
(e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; ,
(f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; ;
(g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and and
(h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative are cumulative and may be exercised together, separatelyseparatxxx, and xnd in any order. Lender's remediex xxxer remedies under this paragraph are in addition to those available under any other written agreement or applicable availxxxx xt common law, including, but not limited to, the right of set-off.
Appears in 1 contract
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this NoteAgreement, Lender will shall be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): ):
(a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower Obligations immediately due and payable in full; such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower Obligations with or without resorting to judicial process; (c) to cease making advances under this Note change Owner's mailing address, open Owner's mail, and retain any instruments or any other agreement between Borrower and Lenderremittances constituting the Collateral contained therein; (d) to take possession of any collateral Collateral in any manner permitted by law; (e) to apply for and obtain, without notice and upon ex parte application, the appointment of a receiver for the Collateral without regard to Owner's financial condition or solvency, the adequacy of the Collateral to secure the payment or performance of the obligations, or the existence of any waste to the Collateral; (f) to require Borrower Owner to deliver and make available to Lender any collateral Collateral at a place reasonably convenient to Borrower Owner and Lender; (fg) to sell, lease or otherwise dispose of any collateral Collateral and collect any deficiency balance with or without resorting to legal process; (gh) to set-off BorrowerOwner's obligations against any amounts due to Borrower Owner including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (hi) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative are cumulative and may be exercised together, separately, and in any order. Unless the Collateral is perishable, threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will provide five days notice of the time and place of any sale or intended disposition as required under the Uniform Commercial Code, presently or as hereafter amended or replaced. Lender has no obligation to clean up or otherwise prepare the Collateral for sale. Lender may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered adversely to affect the commercial reasonableness of any sale of the Collateral. If the Collateral consists of securities, Lender shall be entitled to transfer the securities into the name of Lender or its designee and to vote the securities. Lender shall be authorized to notify the issuer of the securities to remit any related dividends, interest, and securities resulting from stock splits, reorganizations, and capitalizations directly to Lender or its designee. In the event that Lender institutes an action to recover any Collateral or seeks recovery of any Collateral by way of a prejudgment remedy in an action against Owner, Owner waives the posting of any bond which might otherwise be required. Upon default, Owner shall segregate all proceeds of Collateral and hold such proceeds in trust for Lender. Lender's remediex xxxer remedies under this paragraph are in addition to those available under any other written agreement or applicable law.
Appears in 1 contract
Samples: Commercial Security Agreement (American Consumers Inc)
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full; such acceleration shall be automatic and immediate if the Event of Default is a filing under the Bankruptcy Code; (b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; (c) to cease making advances under this Note or any other agreement between Borrower and Lender; (d) to take possession of any collateral in any manner permitted by law; (e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; (g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and (h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative arx xxxxlative and may be exercised together, separately, and in any order. Lender's remediex xxxer remedies xxxxr this paragraph are in addition to those available under any other written agreement or applicable law.
Appears in 1 contract
Samples: Commercial Variable Rate Revolving or Draw Note (American Consumers Inc)
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default under this Note, Lender will be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): ):
(a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and payable in full; , such acceleration shall be automatic and immediate if in the Event of Default is a filing under the Bankruptcy Code; ;
(b) to collect the outstanding obligations of Borrower with or without resorting to judicial process; ;
(c) to cease making advances under this Note or any other agreement between Borrower and Lender; ;
(d) to take possession of any collateral in any manner permitted by law; ;
(e) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; ;
(f) to sell, lease or otherwise dispose of any collateral and collect any deficiency balance with or without resorting to legal process; ;
(g) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender; and and
(h) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights axx xxxulative are cumulative and may be exercised together, ; separately, and in any order. Lender's remediex xxxer remedies under this paragraph are in addition to those available under any other written agreement or applicable at common law, including, but not limited to, the right of set-off.
Appears in 1 contract
Samples: Variable Rate Revolving or Draw Note (Pinnacle Financial Partners Inc)