Common use of SECTION Certain Remedies Clause in Contracts

SECTION Certain Remedies. If any Event of Default shall have occurred and be continuing: ___ The Facility Agent may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the U.C.C. (whether or not the U.C.C. applies to the affected Collateral) and also may, without notice except as specified below, sell the Collateral or any part thereof in one or more parcels at public or private sale, at any of the Facility Agent's offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Facility Agent may deem commercially reasonable. The Pledgor agrees that, to the extent notice of sale shall be required by law, at least ten days' prior notice to the Pledgor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Facility Agent shall not be obligated to make any sale of Collateral regardless of notice of sale having been given. The Facility Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. ___ The Facility Agent may __ transfer all or any part of the Collateral into the name of the Facility Agent or its nominee, with or without disclosing that such Collateral is subject to the lien and security interest hereunder, __ notify the parties obligated on any of the Collateral to make payment to the Facility Agent of any amount due or to become due thereunder, __ enforce collection of any of the Collateral by suit or otherwise, and surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any obligations of any nature of any party with respect thereto, __ endorse any checks, drafts, or other writings in the Pledgor's name to allow collection of the Collateral, __ take control of any proceeds of the Collateral, and __ execute (in the name, place and stead of the Pledgor) endorsements, assignments, stock powers and other instruments of conveyance or transfer with respect to all or any of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Dayton Superior Corp)

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SECTION Certain Remedies. If any Event of Default shall have occurred and be continuing: ___ The Facility Agent may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under -17- 195 the U.C.C. (whether or not the U.C.C. applies to the affected Collateral) and also may, without notice except as specified below, sell the Collateral or any part thereof in one or more parcels at public or private sale, at any of the Facility Agent's offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Facility Agent may deem commercially reasonable. The Each Pledgor agrees that, to the extent notice of sale shall be required by law, at least ten days' prior notice to the such Pledgor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Facility Agent shall not be obligated to make any sale of Collateral regardless of notice of sale having been given. The Facility Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. ___ The Facility Agent may __ transfer all or any part of the Collateral into the name of the Facility Agent or its nominee, with or without disclosing that such Collateral is subject to the lien and security interest hereunder, __ notify the parties obligated on any of the Collateral to make payment to the Facility Agent of any amount due or to become due thereunder, __ enforce collection of any of the Collateral by suit or otherwise, and surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any obligations of any nature of any party with respect thereto, __ endorse any checks, drafts, or other writings in the such Pledgor's name to allow collection of the Collateral, __ take control of any proceeds of the Collateral, and __ execute (in the name, place and stead of the such Pledgor) endorsements, assignments, stock powers and other instruments of conveyance or transfer with respect to all or any of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Dayton Superior Corp)

SECTION Certain Remedies. If any Event of Default shall have occurred and be continuing: ___ : (a) The Facility Administrative Agent may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the U.C.C. (whether or not the U.C.C. applies to the affected Collateral) and also may (i) require the Grantor to, and the Grantor hereby agrees that it will, at its expense and upon request of the Administrative Agent forthwith, assemble all or part of the Collateral as directed by the Administrative Agent and make it available to the Administrative Agent at a place to be designated by the Administrative Agent which is reasonably convenient to both parties, and (ii) without notice except as specified below, sell the Collateral or any part thereof in one or more parcels at public or private sale, at any of the Facility Administrative Agent's offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Facility Administrative Agent may deem commercially reasonable. The Pledgor Grantor agrees that, to the extent notice of sale shall be required by law, at least ten days' prior notice to the Pledgor Grantor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Facility Administrative Agent shall not be obligated to make any sale of Collateral regardless of notice of sale having been given. The Facility Administrative Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. ___ The Facility . (iii) All cash proceeds received by the Administrative Agent may __ transfer in respect of any sale of, collection from, or other realization upon all or any part of the Collateral into may, in the name discretion of the Facility Administrative Agent, be held by the Administrative Agent as collateral for, and/or then or its nominee, with or without disclosing that such Collateral is subject at any time thereafter applied (after payment of any amounts payable to the lien and security interest hereunder, __ notify Administrative Agent pursuant to Section 6.2) in whole or in part by the parties obligated on any Administrative Agent for the ratable benefit of the Collateral to make payment to the Facility Agent of any amount due or to become due thereunderSecured Parties against, __ enforce collection of any of the Collateral by suit or otherwise, and surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any obligations of any nature of any party with respect thereto, __ endorse any checks, drafts, or other writings in the Pledgor's name to allow collection of the Collateral, __ take control Secured Obligations in such order as the Administrative Agent shall elect. Any surplus of any such cash or cash proceeds held by the Administrative Agent and remaining after payment in full in cash of all the Collateral, and __ execute (in Secured Obligations shall be paid over to the name, place and stead of the Pledgor) endorsements, assignments, stock powers and other instruments of conveyance applicable Grantor or transfer with respect to all or any of the Collateralwhomsoever may be lawfully entitled to receive such surplus.

Appears in 1 contract

Samples: Credit Agreement (Titan Corp)

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SECTION Certain Remedies. If any Event of Default shall have occurred and be continuing: ___ : (a) The Facility Administrative Agent may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein or otherwise available to it, all the rights and remedies of a secured party on default under the U.C.C. (whether or not the U.C.C. applies to the affected Collateral) and also may, without notice except as specified below, sell the Collateral or any part thereof in one or more parcels at public or private sale, at any of the Facility Administrative Agent's ' offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Facility Administrative Agent may deem commercially reasonable. The Pledgor agrees that, to the extent notice of sale shall be required by law, at least ten days' prior notice to the Pledgor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Facility Administrative Agent shall not be obligated to make any sale of Collateral regardless of notice of sale having been given. The Facility Administrative Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. ___ . (b) The Facility Administrative Agent may __ may (i) transfer all or any part of the Collateral into the name of the Facility Administrative Agent or its nominee, with or without disclosing that such Collateral is subject to the lien and security interest Lien hereunder, __ , (ii) notify the parties obligated on any of the Collateral to make payment to the Facility Administrative Agent of any amount due or to become due thereunder, __ , (iii) enforce collection of any of the Collateral by suit or otherwise, and surrender, release or exchange all or any part thereof, or compromise or extend or renew for any period (whether or not longer than the original period) any obligations of any nature of any party with respect thereto, __ , (iv) endorse any checks, drafts, or other writings in the Pledgor's name to allow collection of the Collateral, __ , (v) take control of any proceeds of the Collateral, and __ and (vi) execute (in the name, place and stead of the Pledgor) endorsements, assignments, stock powers and other instruments of conveyance or transfer with respect to all or any of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (Titan Corp)

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