Common use of Rights Upon Maturity or an Event of Default Clause in Contracts

Rights Upon Maturity or an Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent, immediately and without additional notice and without liability therefor to the Grantor and to the extent permitted by law, except for its own gross negligence or willful misconduct, may do or cause to be done any or all of the following: (a) take physical possession of the Premises; (b) exercise its right to collect the Rents and Profits; (c) enter into contracts for the completion, repair and maintenance of the Improvements thereon; (d) expend loan funds and any income or Rents and Profits derived from the Premises for payment of any taxes, insurance premiums, assessments and charges for completion, repair and maintenance of the Improvements, preservation of the lien of this Security Instrument and satisfaction and fulfillment of any liabilities or obligations of the Grantor arising out of or in any way connected with the construction of Improvements on the Premises whether or not such liabilities and obligations in any way affect, or may affect, the lien of this Security Instrument; (e) enter into leases demising the Premises or any part thereof; (f) take such steps to protect and enforce the specific performance of any covenant, condition or agreement in the Notes, this Security Instrument, the Credit Agreement, or the other Loan Documents, or to aid the execution of any power herein granted; (g) generally, supervise, manage, and contract with reference to the Premises as if the Administrative Agent were equitable owner of the Premises; (h) seek the appointment of a receiver as provided in Section 5.2 below; (i) exercise any or all of the remedies available to a secured party under the Uniform Commercial Code, including, but not limited to, selling, leasing or otherwise disposing of any fixtures and personal property which is encumbered hereby at public sale, with or without having such fixtures or personal property at the place of sale, and upon such terms and in such manner as the Administrative Agent may determine; (j) exercise any or all of the remedies of a secured party under the Uniform Commercial Code with respect to the Tangible Personalty and Intangible Personalty; and (k) enforce any or all of the assignments or collateral assignments made in this Security Instrument as additional security for the Secured Obligations. The Grantor also agrees that any of the foregoing rights and remedies of the Administrative Agent may be exercised at any time independently of the exercise of any other such rights and remedies, and the Administrative Agent may continue to exercise any or all such rights and remedies until the Event(s) of Default are cured or waived with the consent of the Required Lenders or the Lenders (as required by the Credit Agreement) or until foreclosure and the conveyance of the Premises or until the Secured Obligations are satisfied or paid in full and all Commitments are terminated.

Appears in 2 contracts

Samples: Pledge Agreement (Government Properties Income Trust), Government Properties Income Trust

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Rights Upon Maturity or an Event of Default. Upon During the occurrence and during the continuance existence of an Event of Default, the Administrative AgentLender, immediately and without additional notice and without liability therefor to the Grantor and to the extent permitted by law, except for its own gross negligence or willful misconduct, may do or cause to be done any or all of the following: (a) take physical possession of the Premises; (b) exercise its right to collect the Rents and Profits; (c) enter into contracts for the completion, repair and maintenance of the Improvements thereon; (d) expend loan funds and any income or Rents and Profits derived from the Premises for payment of any taxes, insurance premiums, assessments and charges for completion, repair and maintenance of the Improvements, preservation of the lien Lien of this Security Instrument Deed of Trust and satisfaction and fulfillment of any liabilities or obligations of the Grantor arising out of or in any way connected with the construction of Improvements on the Premises whether or not such liabilities and obligations in any way affect, or may affect, the lien Lien of this Security InstrumentDeed of Trust; (e) enter into leases demising the Premises or any part thereof; (f) take such steps to protect and enforce the specific performance of any covenant, condition or agreement in the NotesNote, this Security InstrumentDeed of Trust, the Credit Loan Agreement, or the other Loan Documents, or to aid the execution of any power herein granted; (g) generally, supervise, manage, and contract with reference to the Premises as if the Administrative Agent Lender were equitable owner of the Premises; (h) seek the appointment of a receiver as provided in Section 5.2 5.02 below; (i) exercise any or all of the remedies available to a secured party under the Uniform Commercial Code, including, but not limited to, selling, leasing or otherwise disposing of any fixtures and personal property which is encumbered hereby at public sale, with or without having such fixtures or personal property at the place of sale, and upon such terms and in such manner as the Administrative Agent Lender may determine; (j) exercise any or all of the remedies of a secured party under the Uniform Commercial Code with respect to the Tangible Personalty and Intangible Personalty; and (k) enforce any or all of the assignments or collateral assignments made in this Security Instrument Deed of Trust as additional security for the Secured Obligations. The Grantor also agrees that any of the foregoing rights and remedies of the Administrative Agent Lender may be exercised at any time independently of the exercise of any other such rights and remedies, and the Administrative Agent Lender may continue to exercise any or all such rights and remedies until the Event(s) of Default are cured and such cure is acknowledged in writing by the Lender or waived with the consent of the Required Lenders or the Lenders (as required in writing by the Credit Agreement) Lender or until foreclosure and the conveyance of the Premises or until the Secured Obligations are satisfied or paid in full and all Commitments are terminated.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Omega Protein Corp)

Rights Upon Maturity or an Event of Default. Upon During the occurrence and during the continuance existence of an Event of Default, the Administrative AgentLender, immediately and without additional notice and without liability therefor to the Grantor Mortgagor and to the extent permitted by law, except for its own gross negligence or willful misconduct, may do or cause to be done any or all of the following: (a) take physical possession of the Premises; (b) exercise its right to collect the Rents and Profits; (c) enter into contracts for the completion, repair and maintenance of the Improvements thereon; (d) expend loan funds and any income or Rents and Profits derived from the Premises for payment of any taxes, insurance premiums, assessments and charges for completion, repair and maintenance of the Improvements, preservation of the lien Lien of this Security Instrument Mortgage and satisfaction and fulfillment of any liabilities or obligations of the Grantor Mortgagor arising out of or in any way connected with the construction of Improvements on the Premises whether or not such liabilities and obligations in any way affect, or may affect, the lien Lien of this Security InstrumentMortgage; (e) enter into leases demising the Premises or any part thereof; (f) take such steps to protect and enforce the specific performance of any covenant, condition or agreement in the NotesNote, this Security InstrumentMortgage, the Credit Loan Agreement, or the other Loan Documents, or to aid the execution of any power herein granted; (g) generally, supervise, manage, and contract with reference to the Premises as if the Administrative Agent Lender were equitable owner of the Premises; (h) seek the appointment of a receiver as provided in Section 5.2 5.02 below; (i) exercise any or all of the remedies available to a secured party under the Uniform Commercial Code, including, but not limited to, selling, leasing or otherwise disposing of any fixtures and personal property which is encumbered hereby at public sale, with or without having such fixtures or personal property at the place of sale, and upon such terms and in such manner as the Administrative Agent Lender may determine; (j) exercise any or all of the remedies of a secured party under the Uniform Commercial Code with respect to the Tangible Personalty and Intangible Personalty; and (k) enforce any or all of the assignments or collateral assignments made in this Security Instrument Mortgage as additional security for the Secured Obligations. The Grantor Mortgagor also agrees that any of the foregoing rights and remedies of the Administrative Agent Lender may be exercised at any time independently of the exercise of any other such rights and remedies, and the Administrative Agent Lender may continue to exercise any or all such rights and remedies until the Event(s) of Default are cured and such cure has been acknowledged in writing by the Lender or waived with the consent of the Required Lenders or the Lenders (as required in writing by the Credit Agreement) Lender or until foreclosure and the conveyance of the Premises or until the Secured Obligations are satisfied or paid in full and all Commitments are terminated.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Omega Protein Corp)

Rights Upon Maturity or an Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent, immediately and without additional notice and without liability therefor to the Grantor and to the extent permitted by law, except for its own gross negligence or willful misconduct, may do or cause to be done any or all of the following: (a) take physical possession of the Premises; (b) exercise its right to collect the Rents and Profits; (c) enter into contracts for the completion, repair and maintenance of the Improvements thereon; (d) expend loan funds and any income or Rents and Profits derived from the Premises for payment of any taxes, insurance premiums, assessments and charges for completion, repair and maintenance of the Improvements, preservation of the lien of this Security Instrument and satisfaction and fulfillment of any liabilities or obligations of the Grantor arising out of or in any way connected with the construction of Improvements on the Premises whether or not such liabilities and obligations in any way affect, or may affect, the lien of this Security Instrument; (e) enter into leases demising the Premises or any part thereof; (f) take such steps to protect and enforce the specific performance of any covenant, condition or agreement in the Notes, this Security Instrument, the Credit Agreement, or the other Loan Credit Documents, or to aid the execution of any power herein granted; (g) generally, supervise, manage, and contract with reference to the Premises as if the Administrative Agent were equitable owner of the Premises; (h) seek the appointment of a receiver as provided in Section 5.2 below; (i) exercise any or all of the remedies available to a secured party under the Uniform Commercial Code, including, but not limited to, selling, leasing or otherwise disposing of any fixtures and personal property which is encumbered hereby at public sale, with or without having such fixtures or personal property at the place of sale, and upon such terms and in such manner as the Administrative Agent may determine; (j) exercise any or all of the remedies of a secured party under the Uniform Commercial Code with respect to the Tangible Personalty and Intangible Personalty; and (k) enforce any or all of the assignments or collateral assignments made in this Security Instrument as additional security for the Secured Obligations. The Grantor also agrees that any of the foregoing rights and remedies of the Administrative Agent may be exercised at any time independently of the exercise of any other such rights and remedies, and the Administrative Agent may continue to exercise any or all such rights and remedies until the Event(s) of Default are cured or waived with the consent of the Required Lenders or the Lenders (as required by the Credit Agreement) or until foreclosure and the conveyance of the Premises or until the Secured Obligations are satisfied or paid in full and all Commitments are terminated.

Appears in 1 contract

Samples: Riviera Holdings Corp

Rights Upon Maturity or an Event of Default. Upon the occurrence and -------------------------------------------- during the continuance of an Event of Default, the Administrative Agent, immediately and without additional notice and without liability therefor to the Grantor Mortgagor and to the extent permitted by law, except for its own gross negligence or willful misconduct, may do or cause to be done any or all of the following: (a) take physical possession of the Premises; (b) exercise its right to collect the Rents and Profits; (c) enter into contracts for the completion, repair and maintenance of the Improvements thereon; (d) expend loan Loan funds and any rents, income or Rents and Profits profits derived from the Premises for payment of any taxes, insurance premiums, assessments and charges for completion, repair and maintenance of the Improvements, preservation of the lien of this Security Instrument Mortgage and satisfaction and fulfillment of any liabilities or obligations of the Grantor Mortgagor arising out of or in any way connected with the construction of Improvements on the Premises whether or not such liabilities and obligations in any way affect, or may affect, the lien of this Security InstrumentMortgage; (e) enter into leases demising the Premises or any part thereof; (f) take such steps to protect and enforce the specific performance of any covenant, condition or agreement in the Notes, this Security InstrumentMortgage, the Credit Agreement, or the other Term Loan Documents, Agreement or to aid the execution of any power herein granted; (g) generally, supervise, manage, and contract with reference to the Premises as if the Administrative Agent were equitable owner of the Premises; (h) seek the appointment of a receiver as provided in Section 5.2 below; (i) exercise any or all of the remedies available to a secured party under the South Carolina Uniform Commercial Code, including, but not limited to, selling, leasing or otherwise disposing of any fixtures and personal property which is encumbered hereby at public sale, with or without having such fixtures or personal property at the place of or sale, and upon such terms and in such manner as the Administrative Agent may determine; and (j) exercise any or all of the remedies of a secured party under the South Carolina Uniform Commercial Code with respect to the Tangible Personalty and Intangible Personalty; and (k) enforce any or all of the assignments or collateral assignments made in this Security Instrument as additional security for the Secured Obligations. The Grantor Mortgagor also agrees that any of the foregoing rights and remedies of the Administrative Agent may be exercised at any time independently of the exercise of any other such rights and remedies, and the Administrative Agent may continue to exercise any or all such rights and remedies until the Event(s) of Default are cured or waived with the consent of the Required Lenders or the Lenders (as required by the Credit Agreement and the Term Loan Agreement) or until foreclosure and the conveyance of the Premises or until the Secured Obligations obligations secured hereby are satisfied or paid in full and all Commitments are the Commitment is terminated.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Policy Management Systems Corp)

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Rights Upon Maturity or an Event of Default. Upon During the occurrence and during the continuance existence of an Event of Default, the Administrative AgentLender, immediately and without additional notice and without liability therefor to the Grantor and to the extent permitted by law, except for its own gross negligence or willful misconduct, may do or cause to be done any or all of the following: (a) take physical possession of the Premises; (b) exercise its right to collect the Rents and Profits; (c) enter into contracts for the completion, repair and maintenance of the Improvements thereon; (d) expend loan funds and any income or Rents and Profits derived from the Premises for payment of any taxes, insurance premiums, assessments and charges for completion, repair and maintenance of the Improvements, preservation of the lien Lien of this Security Instrument Deed of Trust and satisfaction and fulfillment of any liabilities or obligations of the Grantor arising out of or in any way connected with the construction of Improvements on the Premises whether or not such liabilities and obligations in any way affect, or may affect, the lien Lien of this Security InstrumentDeed of Trust; (e) enter into leases demising the Premises or any part thereof; (f) take such steps to protect and enforce the specific performance of any covenant, condition or agreement in the NotesNote, this Security InstrumentDeed of Trust, the Credit Loan Agreement, or the other Loan Documents, or to aid the execution of any power herein granted; (g) generally, supervise, manage, and contract with reference to the Premises as if the Administrative Agent Lender were equitable owner of the Premises; (h) seek the appointment of a receiver as provided in Section 5.2 5.02 below; (i) exercise any or all of the remedies available to a secured party under the Uniform Commercial Code, including, but not limited to, selling, leasing or otherwise disposing of any fixtures and personal property which is encumbered hereby at public sale, with or without having such fixtures or personal property at the place of sale, and upon such terms and in such manner as the Administrative Agent Lender may determine; (j) exercise any or all of the remedies of a secured party under the Uniform Commercial Code with respect to the Tangible Personalty and Intangible Personalty; and (k) enforce any or all of the assignments or collateral assignments made in this Security Instrument Deed of Trust as additional security for the Secured Obligations. The Grantor also agrees that any of the foregoing rights and remedies of the Administrative Agent Lender may be exercised at any time independently of the exercise of any other such rights and remedies, and the Administrative Agent Lender may continue to exercise any or all such rights and remedies until the Event(s) of Default are cured and such cure has been acknowledged in writing by the Lender or waived with the consent of the Required Lenders or the Lenders (as required in writing by the Credit Agreement) Lender or until foreclosure and the conveyance of the Premises or until the Secured Obligations are satisfied or paid in full and all Commitments are terminated.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Omega Protein Corp)

Rights Upon Maturity or an Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Administrative Collateral Agent, immediately and without additional notice and without liability therefor to the Grantor and to the extent permitted by lawBorrower, except for its own gross negligence or willful misconductnegligence, and subject to and as permitted by applicable law, may do or cause to be done any or all of the following: (a) take physical possession of the Premises; (b) exercise its right to collect the Rents and Profits; (c) enter into contracts for the completion, repair and maintenance of the Improvements thereon; (d) expend loan Loan funds and any rents, income or Rents and Profits profits derived from the Premises for payment of any taxes, insurance premiums, assessments and charges for completion, repair and maintenance of the Improvements, preservation of the lien of this Security Instrument Mortgage and satisfaction and fulfillment of any liabilities or obligations of the Grantor Borrower arising out of or in any way connected with the construction of Improvements on the Premises whether or not such liabilities and obligations in any way affect, or may affect, the lien of this Security InstrumentMortgage; (e) enter into leases demising the Premises or any part thereof; (f) take such steps to protect and enforce the specific performance of any covenant, condition or agreement in the Notes, this Security InstrumentMortgage, the Credit Agreement, or the other Loan Credit Documents, or to aid the execution of any power herein granted; and (g) generally, supervise, manage, and contract with reference to the Premises as if the Administrative Collateral Agent were equitable owner of the Premises; (h) seek . Notwithstanding the appointment occurrence of a receiver as provided in Section 5.2 below; (i) exercise any an Event of Default or all acceleration of the remedies available Loans or any other indebtedness secured hereby, the Collateral Agent shall continue to a secured party under have the Uniform Commercial Coderight to pay money, includingwhether or not Loan funds, but not limited tofor 11 the purposes described in Sections 2.2, selling2.3, leasing or otherwise disposing of any fixtures 2.6 and personal property which is encumbered hereby at public sale, with or without having such fixtures or personal property at the place of sale2.9 hereof, and upon all such terms sums and in such manner as the Administrative Agent may determine; (j) exercise any or all of the remedies of a interest thereon shall be secured party under the Uniform Commercial Code with respect to the Tangible Personalty and Intangible Personalty; and (k) enforce any or all of the assignments or collateral assignments made in this Security Instrument as additional security for the Secured Obligationshereby. The Grantor Borrower also agrees that any of the foregoing rights and remedies of the Administrative Collateral Agent may be exercised at any time independently of the exercise of any other such rights and remedies, and the Administrative Collateral Agent may continue to exercise any or all such rights and remedies until the Event(s) of Default are cured or waived with the consent of the Required Lenders or the Lenders (as required by the Credit Agreement) Collateral Agent or until foreclosure and the conveyance of the Premises to the high bidder or until the Secured Obligations Credit Agreement is no longer in effect or the Loans and other indebtedness secured hereby are otherwise satisfied or paid in full and all Commitments are terminatedfull.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Ivex Packaging Corp /De/)

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