Common use of Rights of Lender Clause in Contracts

Rights of Lender. If any Event of Default shall occur, Lender may, at its election, and without demand or notice of any kind, do any one or more of the following: (a) Declare all of the Borrower's Obligations to Lender to be immediately due and payable, whereupon all unpaid principal, interest and fees in respect of such Obligations, together with all of Lender's costs, expenses and attorneys' fees related thereto, under the terms of the Loan Documents or otherwise, shall be immediately due and payable; (b) Terminate any commitment to make any additional advances under any Loan; (c) Exercise any and all rights and remedies available to Lender under any applicable law; (d) Exercise any and all rights and remedies granted to Lender under the terms of this Agreement or any of the other Loan Documents; and/or (e) Set off the unpaid balance of the Obligations against any debt owing to Borrower by the Lender or by any Lender Affiliate, including, without limitation, any obligation under a repurchase agreement or any funds held at any time by the Lender or any Lender Affiliate, whether collected or in the process of collection, or in any time or demand deposit account maintained by Borrower at, or evidenced by any certificate of deposit issued by, the Lender or any Lender Affiliate. Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any holder of a participation in the Notes may exercise rights of set-off or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of Borrower pursuant to this Agreement in the amount of such participation.

Rights of Lender. If any Event Lender is hereby authorized, without notice (except as otherwise required herein or in the other Guaranty Documents) to or demand of Default shall occur, Lender may, at its election, Guarantor and without demand or notice affecting the liability of Guarantor hereunder, to take any kind, do any one or more of the following: following actions from time to time: (a) Declare all of increase or decrease the Borrower's Obligations to Lender to be immediately due and payableamount of, whereupon all unpaid principalor renew, interest and fees in respect of such extend, accelerate or otherwise change the time for payment of, or other terms relating to, the Guaranteed Obligations, together with all of Lender's costsor otherwise modify, expenses and attorneys' fees related thereto, under amend or change the terms of the Loan Documents any promissory note or otherwiseother agreement evidencing, shall be immediately due and payable; (b) Terminate any commitment securing or otherwise relating to make any additional advances under any Loan; (c) Exercise any and all rights and remedies available to Lender under any applicable law; (d) Exercise any and all rights and remedies granted to Lender under the terms of this Agreement or any of the other Loan Documents; and/or (e) Set off the unpaid balance of the Obligations against any debt owing to Borrower by the Lender or by any Lender AffiliateGuaranteed Obligations, including, without limitation, the making of additional advances thereunder; (b) accept and apply any obligation under a repurchase agreement payments on or recoveries against the Guaranteed Obligations from any source, and any proceeds of any security therefor, to the Guaranteed Obligations in such manner, order and priority as Lender may elect in its sole discretion; (c) take, hold, sell, release or otherwise dispose of all or any funds held security for the Guaranteed Obligations or the payment of this Guaranty; (d) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations or any portion thereof; (e) accept, hold, substitute, add or release any other guaranty or endorsements of the Guaranteed Obligations; and (f) at any time after maturity of the Guaranteed Obligations, appropriate and apply toward payment of the Guaranteed Obligations (i) any indebtedness due or to become due from Lender to Guarantor, and (ii) any moneys, credits, or other property belonging to Guarantor at any time held by or coming into the possession of Lender or any Lender Affiliateaffiliates thereof, whether collected for deposit or in the process of collection, or in any time or demand deposit account maintained by Borrower at, or evidenced by any certificate of deposit issued by, the Lender or any Lender Affiliate. Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any holder of a participation in the Notes may exercise rights of set-off or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of Borrower pursuant to this Agreement in the amount of such participationotherwise.

Rights of Lender. If any Event of Default shall occur, Lender may, at its election, and without demand or notice of any kind, do any one or more of the following: (a) Declare all of the Borrower's ’s Obligations to Lender to be immediately due and payable, whereupon all unpaid principal, interest and fees in respect of such Obligations, together with all of Lender's ’s costs, expenses and attorneys' ’ fees related thereto, under the terms of the Loan Documents or otherwise, shall be immediately due and payable; (b) Terminate any commitment to make any additional advances under any Loan; (c) Exercise any and all rights and remedies available to Lender under any applicable law; (d) Exercise any and all rights and remedies granted to Lender under the terms of this Agreement or any of the other Loan Documents; and/or (e) Set off the unpaid balance of the Obligations against any debt owing to Borrower by the Lender or by any Lender Affiliate, including, without limitation, any obligation under a repurchase agreement or any funds held at any time by the Lender or any Lender Affiliate, whether collected or in the process of collection, or in any time or demand deposit account maintained by Borrower at, or evidenced by any certificate of deposit issued by, the Lender or any Lender Affiliate. Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any holder of a participation in the Notes may exercise rights of set-off or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of Borrower pursuant to this Agreement in the amount of such participation. (f) With respect to Borrower’s Instruments, Documents and Chattel Paper, request in writing that Borrower immediately deliver or cause to be delivered to Lender or any Lender Affiliate, all of Borrower’s Instruments, Chattel Paper, and Documents, appropriately endorsed either, at Lender’s option, (i) to Lender’s order, without limitation or qualification, or (ii) for deposit in the Accounts Receivable Collection Account. Lender, or Lender’s designated agent, is hereby constituted and appointed Borrower’s attorney-in-fact with authority and power to so endorse any and all Instruments, Documents, and Chattel Paper upon Borrower’s failure to do so. Such authority and power, being coupled with an interest, shall be (i) irrevocable until all Obligations are paid, performed and observed in full, (ii) exercisable by Lender at any time and without any request upon Borrower by Lender to so endorse, and (iii) exercisable in Lender’s name or Borrower’s name.

Rights of Lender. If any Event of Default shall occur, Lender may, at its election, and without upon written demand or notice of any kindnotice, do any one or more of the following: (a) Declare all of the Borrower's ’s Obligations to Lender to be immediately due and payable, whereupon all unpaid principal, interest and fees in respect of such Obligations, together with all of Lender's ’s costs, expenses and attorneys' ’ fees related thereto, under the terms of the Loan Documents or otherwise, shall be immediately due and payable; (b) Terminate any commitment to make any additional advances under any Loan; (c) Exercise any and all rights and remedies available to Lender under any applicable law; (d) Exercise any and all rights and remedies granted to Lender under the terms of this Agreement or any of the other Loan Documents; and/or (e) Set Upon three (3) Business Days prior written notice to Borrower, set off the unpaid balance of the Obligations against any debt owing to Borrower by the Lender or by any Lender Affiliate, including, without limitation, any obligation under a repurchase agreement or any funds held at any time by the Lender or any Lender Affiliate, whether collected or in the process of collection, or in any time or demand deposit account maintained by Borrower at, or evidenced by any certificate of deposit issued by, the Lender or any Lender Affiliate. Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any holder of a participation in the Notes may exercise rights of set-off or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of Borrower pursuant to this Agreement in the amount of such participation.

Rights of Lender. If (a) Lender shall not be liable for failure to collect or realize upon the Obligations or any collateral security or guarantee therefor, or any part thereof, or for any delay in so doing nor be under any obligation to take any action whatsoever with regard thereto. Any part or all of the Collateral held by Lender may, after an Event of Default shall occurhas occurred and not expressly waived in writing by Lender, without notice, be transferred into the name of Lender mayor its nominee and Lender or its nominee may thereafter without notice, at its election, exercise all Voting Rights and without demand or notice of any kind, do any one or more of the following: (a) Declare all of the Borrower's Obligations to Lender to be immediately due and payable, whereupon all unpaid principal, interest and fees other rights in respect of such Obligationsthe Collateral, together with including the exercise of any and all rights of Lender's costsconversion, expenses and attorneys' fees related theretoexchange, under the terms subscription or any other rights, privileges or options in respect of the Loan Documents Collateral, as if it were the absolute owner thereof, all without liability except to account for property actually received by Lender or otherwiseits nominee; provided, however, that Lender shall be immediately due and payable;not have any duty to exercise any of the foregoing actions, or any liability for failure to do so or delay in so doing. (b) Terminate Pledgor hereby authorizes Lender, but without any commitment obligation so to make any additional advances under any Loan; do, to file all financing and continuation statements and amendments to financing statements (c) Exercise any and all rights and remedies available to Lender under any applicable law; (d) Exercise any and all rights and remedies granted to Lender under the terms of this Agreement or any of the other Loan Documents; and/or (e) Set off the unpaid balance of the Obligations against any debt owing to Borrower by the Lender or by any Lender Affiliate, including, without limitation, any obligation under a repurchase agreement or any funds held at any time by the Lender or any Lender Affiliateall UCC-1 and UCC-3 financing and continuation statements), whether collected or in the process of collectionnaming Pledgor as debtor, or in any time or demand deposit account maintained by Borrower at, or evidenced by any certificate of deposit issued by, the Lender or any Lender Affiliate. Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any holder of a participation in the Notes may exercise rights of set-off or counterclaim and other rights with respect to any of the Collateral (including such participation as fully may be necessary to create, renew, extend and continue the perfection of the interest of Lender) without the signatures or further authorization of Pledgor or executed by Lender as if such holder attorney-in-fact for Pledgor, and consent to a carbon, photocopy or other reproduction of this Agreement or of a participation were financing statement being sufficient as a direct creditor of Borrower pursuant to this Agreement in the amount of such participationfinancing statement.

Rights of Lender. If any Event of Default shall occur, Lender may, at its election, and without demand or notice of any kind, do any one or more of the following: (a) Declare all of the Borrower's ’s Obligations to Lender to be immediately due and payable, whereupon all unpaid principal, interest and fees in respect of such Obligations, together with all of Lender's ’s costs, expenses and attorneys' ’ fees related thereto, under the terms of the Loan Documents or otherwise, shall be immediately due and payable; (b) Terminate any commitment to make any additional advances under any Loan; (c) Exercise any and all rights and remedies available to Lender under any applicable law; (d) Exercise any and all rights and remedies granted to Lender under the terms of this Agreement or any of the other Loan Documents; and/or (e) Set off the unpaid balance of the Obligations against any debt owing to Borrower by the Lender or by any Lender Affiliate, including, without limitation, any obligation under a repurchase agreement or any funds held at any time by the Lender or any Lender Affiliate, whether collected or in the process of collection, or in any time or demand deposit account maintained by Borrower at, or evidenced by any certificate of deposit issued by, the Lender or any Lender Affiliate. Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any holder of a participation in the Notes Note may exercise rights of set-off or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of Borrower pursuant to this Agreement in the amount of such participation. (f) With respect to Borrower’s Instruments, Documents and Chattel Paper, request in writing that Borrower immediately deliver or cause to be delivered to Lender or any Lender Affiliate, all of Borrower’s Instruments, Chattel Paper, and Documents, appropriately endorsed either, at Lender’s option, (i) to Lender’s order, without limitation or qualification. Lender, or Lender’s designated agent, is hereby constituted and appointed Borrower’s attorney-in-fact with authority and power to so endorse any and all Instruments, Documents, and Chattel Paper upon Borrower’s failure to do so. Such authority and power, being coupled with an interest, shall be (i) irrevocable until all Obligations are paid, performed and observed in full, (ii) exercisable by Lender at any time after the occurrence and during the continuance of an Event of Default and without any request upon Borrower by Lender to so endorse, and (iii) exercisable in Lender’s name or Borrower’s name.

Rights of Lender. If any Event of Default shall occur, Lender may, at its election, and without demand or notice of any kind, do any one or more of the following: (a) Declare all of the Borrower's ’s Obligations to Lender to be immediately due and payable, whereupon all unpaid principal, interest and fees in respect of such Obligations, together with all of Lender's ’s costs, expenses and attorneys' ’ fees related thereto, under the terms of the Loan Documents or otherwise, shall be immediately due and payable; (b) Terminate any commitment to make any additional advances under any Loan; (c) Exercise any and all rights and remedies available to Lender under any applicable law; (d) Exercise any and all rights and remedies granted to Lender under the terms of this Agreement or any of the other Loan Documents; and/or (e) Set off the unpaid balance of the Obligations against any debt owing to Borrower by the Lender or by any Lender Affiliate, including, without limitation, any obligation under a repurchase agreement or any funds held at any time by the Lender or any Lender Affiliate, whether collected or in the process of collection, or in any time or demand deposit account maintained by Borrower at, or evidenced by any certificate of deposit issued by, the Lender or any Lender Affiliate. Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any holder of a participation in the Notes may exercise rights of set-off or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of Borrower pursuant to this Agreement in the amount of such participation.

Rights of Lender. If any Event of Default shall occur, Lender may, at its election, and without demand or notice of any kind, do any one or more of the following: (a) Declare all of the Borrower's ’s Obligations to Lender to be immediately due and payable, whereupon all unpaid principal, interest and fees in respect of such Obligations, together with all of Lender's ’s costs, expenses and attorneys' ’ fees related thereto, under the terms of the Loan Documents or otherwise, shall be immediately due and payable; (b) Terminate any commitment to make any additional advances under any Loan; (c) Exercise any and all rights and remedies available to Lender under any applicable law; (d) Exercise any and all rights and remedies granted to Lender under the terms of this Agreement or any of the other Loan Documents; and/or (e) Set off the unpaid balance of the Obligations against any debt owing to Borrower by the Lender or by any Lender Affiliate, including, without limitation, any obligation under a repurchase agreement or any funds held at any time by the Lender or any Lender Affiliate, whether collected or in the process of collection, or in any time or demand deposit account maintained by Borrower at, or evidenced by any certificate of deposit issued by, the Lender or any Lender Affiliate. Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any holder of a participation in the Notes may exercise rights of set-off or counterclaim and other rights with respect to such participation as fully as if such holder of a participation were a direct creditor of Borrower pursuant to this Agreement in the amount of such participation.