SECURED PARTY RIGHTS AND OBLIGATIONS. 9.01 In addition to the rights granted herein, the Secured Party may enforce any other rights and remedies it may have at law or in equity, and specifically shall have all rights and remedies of a secured party under the Legislation. All rights and remedies of the Secured Party shall be cumulative. 9.02 The Secured Party shall have the right at any time upon reasonable notice to confirm the existence and state of Collateral in any manner the Secured Party may consider appropriate and the Debtor agrees to furnish all assistance as the Secured Party may reasonably request in connection therewith. Upon the occurrence of an event of default, the Debtor grants to the Secured Party or its agents access to all places where Collateral may be located and to all premises occupied by the Debtor for the purposes of inspection or obtaining possession. 9.03 The Secured Party may appoint by instrument a receiver or other person to act on its behalf before or after default or in any insolvency or like proceedings (receiver includes a receiver-manager). The appointee has all the powers of the Secured Party under this security agreement. In addition, on instructions from the Secured Party, the receiver shall be entitled in connection with any enforcement proceeding hereunder to carry on the business of the Debtor in respect of the Production with all the powers that the Debtor would have to operate its business for such time as the receiver determines advisable and in the best interest of the Secured Party. 9.04 The Secured Party may, subject to Debtor’s rights under the Legislation, take possession of, collect, demand, sue on, enforce, recover and receive Collateral and give binding receipts and discharges therefor. The Secured Party in possession may, subject to Debtor’s rights under the Legislation, use Collateral as it sees fit, providing that any income from Collateral is applied to the Debtor’s account. Upon default, the Secured Party may also, subject to Debtor’s rights under the Legislation, sell, lease or otherwise dispose of Collateral in any commercially reasonable manner. 9.05 At any time after the occurrence of an event of default, the Secured Party may direct account debtors of the Debtor in respect of the Production to make all payments owing to the Debtor directly to the Secured Party by notifying such account debtors of the Secured Party’s interest, either before or after default; and upon notice from the Secured Party to the Debtor, any payments received by the Debtor in respect of the Production whether before or after notification to account debtors, shall be held by the Debtor in trust for the Secured Party in the same medium in which received, shall not be commingled with any assets of the Debtor, and shall be turned over to the Secured Party forthwith upon receipt. 9.06 The Debtor agrees to pay, subject to limitations under the Legislation or Standard Agreement, all charges, including solicitors’, auditors’, receivers’ or like persons’ costs and remuneration or other expenses reasonably incurred by the Secured Party or other party appointed by the Secured Party in operating the Debtor’s accounts but the Secured Party shall pay the fees and expenses of preparing or otherwise enforcing the terms of this security agreement. 9.07 No variation, amendment (except for any schedule which may be added hereto pursuant to the provisions of this agreement) or waiver of any provision of this security agreement shall be effective unless made by written agreement executed by the parties to this security agreement. The Secured Party may remedy any default or perform any duty of the Debtor hereunder or with respect to any indebtedness in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the Debtor. The Secured Party may grant extensions of time and other indulgences, take and give up securities, accept compositions, grant releases and discharges, release Collateral to third parties and otherwise deal with the Debtor’s guarantors or sureties and others and with Collateral and other securities as the Secured Party may see fit without prejudice to the liability of the Debtor, or the Secured Party’s right to hold and realize Collateral.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Core Agreement
SECURED PARTY RIGHTS AND OBLIGATIONS. 9.01 9.1 In addition to the rights granted herein, the Secured Party may enforce any other rights and remedies it may have at law or in equity, and specifically shall have all rights and remedies of a secured party under the LegislationPPSA. All rights and remedies of the Secured Party shall be cumulative.
9.02 9.2 The Secured Party shall have the right at any time time, upon reasonable notice notice, to confirm the existence and state of Collateral in any manner the Secured Party may consider appropriate and the Debtor agrees to furnish all assistance as the Secured Party may reasonably request in connection therewith. Upon the occurrence of an event of default, the Debtor grants to the Secured Party or its agents access to all places where Collateral may be located and to all premises occupied by the Debtor for the purposes of inspection or obtaining possession.
9.03 9.3 The Secured Party may appoint by instrument a receiver or other person to act on its behalf before or after default or in any insolvency or like proceedings (receiver includes a receiver-manager). The appointee has all the powers of the Secured Party under this security agreementSecurity Agreement. In addition, on instructions from the Secured Party, the receiver shall be entitled in connection with any enforcement proceeding hereunder to carry on the business of the Debtor in respect of the Production with all the powers that the Debtor would have to operate its business for such time as the receiver determines advisable and in the best interest of the Secured Party.
9.04 9.4 The Secured Party may, subject to Debtor’s rights under the LegislationPPSA, take possession of, collect, demand, sue xxx on, enforce, recover and receive Collateral and give binding receipts and discharges therefor. The Secured Party in possession may, subject to Debtor’s 's rights under the LegislationPPSA, use Collateral as it sees fit, providing that any income from Collateral is applied to the Debtor’s 's account. Upon default, the Secured Party may also, subject to Debtor’s 's rights under the LegislationPPSA, sell, lease or otherwise dispose of Collateral in any commercially reasonable manner.
9.05 9.5 At any time after the occurrence of an event of default, the Secured Party may direct account debtors of the Debtor in respect of the Production to make all payments owing to the Debtor directly to the Secured Party by notifying such account debtors of the Secured Party’s 's interest, either before or after default; and upon notice from the Secured Party to the Debtor, any payments received by the Debtor in respect of the Production whether before or after notification to account debtors, shall be held by the Debtor in trust for the Secured Party in the same medium in which received, shall not be commingled with any assets of the Debtor, and shall be turned over to the Secured Party forthwith upon receipt.
9.06 9.6 The Debtor agrees to pay, subject to limitations under the Legislation PPSA or Standard the Master Agreement, all charges, including solicitors’, auditors’', receivers’ ' or like persons’ ' costs and remuneration or other expenses reasonably incurred by the Secured Party or other party appointed by the Secured Party in operating the Debtor’s accounts 's accounts, but the Secured Party shall pay the fees and expenses of preparing or otherwise enforcing the terms of this security agreementSecurity Agreement.
9.07 9.7 No variation, amendment (except for any schedule which may be added hereto pursuant to the provisions of this agreement) or waiver of any provision of this security agreement Security Agreement shall be effective unless made by written agreement executed by the parties to this security agreementSecurity Agreement. The Secured Party may remedy any default or perform any duty of the Debtor hereunder or with respect to any indebtedness in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the Debtor. The Secured Party may grant extensions of time and other indulgences, take and give up securities, accept compositions, grant releases and discharges, release Collateral to third parties and otherwise deal with the Debtor’s 's guarantors or sureties and others and with Collateral and other securities as the Secured Party may see fit without prejudice to the liability of the Debtor, or the Secured Party’s 's right to hold and realize Collateral.
Appears in 2 contracts
Samples: Security Agreement, Security Agreement
SECURED PARTY RIGHTS AND OBLIGATIONS. 9.01 In addition to the rights granted herein, the Secured Party may enforce any other rights and remedies it may have at law or in equity, and specifically shall have all rights and remedies of a secured party under the Legislation. All rights and remedies of the Secured Party shall be cumulative.
9.02 The Secured Party shall have the right at any time upon reasonable notice to confirm the existence and state of Collateral in any manner the Secured Party may consider appropriate and the Debtor agrees to furnish all assistance as the Secured Party may reasonably request in connection therewith. Upon the occurrence of an event of default, the Debtor grants to the Secured Party or its agents access to all places where Collateral may be located and to all premises occupied by the Debtor for the purposes of inspection or obtaining possession.
9.03 The Secured Party may appoint by instrument a receiver or other person to act on its behalf before or after default or in any insolvency or like proceedings (receiver includes a receiver-manager). The appointee has all the powers of the Secured Party under this security agreement. In addition, on instructions from the Secured Party, the receiver shall be entitled in connection with any enforcement proceeding hereunder to carry on the business of the Debtor in respect of the Production with all the powers that the Debtor would have to operate its business for such time as the receiver determines advisable and in the best interest of the Secured Party.
9.04 The Secured Party may, subject to Debtor’s rights under the Legislation, take possession of, collect, demand, sue on, enforce, recover and receive Collateral and give binding receipts and discharges therefor. The Secured Party in possession may, subject to Debtor’s rights under the Legislation, use Collateral as it sees fit, providing that any income from Collateral is applied to the Debtor’s account. Upon default, the Secured Party may also, subject to Debtor’s rights under the Legislation, sell, lease or otherwise dispose of Collateral in any commercially reasonable manner.
9.05 At any time after the occurrence of an event of default, the Secured Party may direct account debtors of the Debtor in respect of the Production to make all payments owing to the Debtor directly to the Secured Party by notifying such account debtors of the Secured Party’s interest, either before or after default; and upon notice from the Secured Party to the Debtor, any payments received by the Debtor in respect of the Production whether before or after notification to account debtors, shall be held by the Debtor in trust for the Secured Party in the same medium in which received, shall not be commingled with any assets of the Debtor, and shall be turned over to the Secured Party forthwith upon receipt.
9.06 The Debtor agrees to pay, subject to limitations under the Legislation or Standard Agreement, all charges, including solicitors’, auditors’, receivers’ or like persons’ costs and remuneration or other expenses reasonably incurred by the Secured Party or other party appointed by the Secured Party in operating the Debtor’s accounts but the Secured Party shall pay the fees and expenses of preparing or otherwise enforcing the terms of this security agreement.
9.07 No variation, amendment (except for any schedule which may be added hereto pursuant to the provisions of this agreement) or waiver of any provision of this security agreement shall be effective unless made by written agreement executed by the parties to this security agreement. The Secured Party may remedy any default or perform any duty of the Debtor hereunder or with respect to any indebtedness in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the Debtor. The Secured Party may grant extensions of time and other indulgences, take and give up securities, accept compositions, grant releases and discharges, release Collateral to third parties and otherwise deal with the Debtor’s guarantors or sureties and others and with Collateral and other securities as the Secured Party may see fit without prejudice to the liability of the Debtor, or the Secured Party’s right to hold and realize Collateral.may
Appears in 1 contract
Samples: Core Agreement
SECURED PARTY RIGHTS AND OBLIGATIONS. 9.01 9.1 In addition to the rights granted herein, the Secured Party may enforce any other rights and remedies it may have at law or in equity, and specifically shall have all rights and remedies of a secured party under the LegislationPPSA. All rights and remedies of the Secured Party shall be cumulative.
9.02 9.2 The Secured Party shall have the right at any time upon reasonable notice to confirm the existence and state of the Collateral in any manner the Secured Party may consider appropriate appropriate, and the Debtor agrees to furnish all assistance as the Secured Party may reasonably request in connection therewith. Upon the occurrence of an event of default, the Debtor grants to the Secured Party or its agents access to all places where the Collateral may be located and to all premises occupied by the Debtor Debtor, for the purposes of inspection or obtaining possession.
9.03 9.3 The Secured Party may appoint by instrument a receiver or other person to act on its behalf before or after default or in any insolvency in solvency or like proceedings (receiver “receiver” includes a receiver-managerreceiver‐manager). The appointee has all hasall the powers of the Secured Party under this security agreementSecurity Agreement. In addition, on instructions from the Secured Party, the receiver shall be entitled in connection with any enforcement proceeding hereunder to carry tocarry on the business of the Debtor in respect of the Production Production, with all the powers that the Debtor would have to operate its business business, for such time as the receiver determines advisable and in the best interest of the Secured Party.
9.04 9.4 The Secured Party may, subject to the Debtor’s rights under the LegislationPPSA, take possession of, collect, demand, sue on, enforce, recover recover, and receive the Collateral and give binding receipts and discharges therefor. The Secured Party in possession may, subject to the Debtor’s rights under the LegislationPPSA, use the Collateral as it sees fit, providing that any income from the Collateral is applied to the Debtor’s account. Upon default, the Secured Party may also, subject to the Debtor’s rights under the LegislationPPSA, sell, lease lease, or otherwise dispose of the Collateral in any commercially reasonable manner.
9.05 9.5 At any time after the occurrence of an event of default, the Secured Party may direct account debtors of the Debtor in respect of the Production to make all payments owing to the Debtor directly to the Secured Party Party, by notifying such account debtors of the Secured Party’s interest, either before or after default; and upon notice from the Secured Party to the Debtor, any payments received by the Debtor in respect of the Production Production, whether before or after notification to account debtors, shall be held by the Debtor in trust for the Secured Party in the same medium in which received, shall not be commingled with any assets of the Debtor, and shall be turned over to the Secured Party forthwith upon receipt.
9.06 9.6 The Debtor agrees to pay, subject to limitations under the Legislation PPSA or Standard Agreementthe LED, all charges, including solicitors’, auditors’, receivers’ ’, or like persons’ costs and remuneration remuneration, or other expenses reasonably incurred by the Secured Party or other party appointed by the Secured Party in operating the Debtor’s accounts accounts, but the Secured Party shall pay the fees and expenses of preparing or otherwise enforcing the terms of this security agreementSecurity Agreement.
9.07 9.7 No variation, amendment (except for any schedule which that may be added hereto pursuant to the provisions of this agreement) Agreement), or waiver of any provision of this security agreement Security Agreement shall be effective unless made by written agreement executed by the parties Parties to this security agreementSecurity Agreement. The Secured Party may remedy any default or perform any duty of the Debtor hereunder or with respect to any indebtedness in any reasonable manner reasonablemanner without waiving the default remedied and without waiving any other prior or subsequent default by the Debtor. The Secured Party may grant extensions of time and other indulgences, ; take and give up securities, ; accept compositions, grant releases releases, and discharges, release ; releasethe Collateral to third parties parties; and otherwise deal with the Debtor’s guarantors or sureties and others others, and with the Collateral and other securities securities, as the Secured Party may see fit fit, without prejudice to the liability of the Debtor, Debtor or the Secured Party’s right to hold and realize the Collateral.
Appears in 1 contract
Samples: Security Agreement
SECURED PARTY RIGHTS AND OBLIGATIONS. 9.01 In addition to the rights granted herein, the Secured Party may enforce any other rights and remedies it may have at law or in equity, and specifically shall have all rights and remedies of a secured party under the Legislation. All rights and remedies of the Secured Party shall be cumulative.
9.02 The Secured Party shall have the right at any time upon reasonable notice to confirm the existence and state of Collateral in any manner the Secured Party may consider appropriate and the Debtor agrees to furnish all assistance as the Secured Party may reasonably request in connection therewith. Upon the occurrence of an event of default, the Debtor grants to the Secured Party or its agents access to all places where Collateral may be located and to all premises occupied by the Debtor for the purposes of inspection or obtaining possession.
9.03 The Secured Party may appoint by instrument a receiver or other person to act on its behalf before or after default or in any insolvency or like proceedings (receiver includes a receiver-manager). The appointee has all the powers of the Secured Party under this security agreement. In addition, on instructions from the Secured Party, the receiver shall be entitled in connection with any enforcement proceeding hereunder to carry on the business of the Debtor in respect of the Production with all the powers that the Debtor would have to operate its business for such time as the receiver determines advisable and in the best interest of the Secured Party.
9.04 The Secured Party may, subject to Debtor’s rights under the Legislation, take possession of, collect, demand, sue on, enforce, recover and receive Collateral and give binding receipts and discharges therefor. The Secured Party in possession may, subject to Debtor’s Xxxxxx's rights under the Legislation, use Collateral as it sees fit, providing that any income from Collateral is applied to the Debtor’s 's account. Upon default, the Secured Party may also, subject to Debtor’s 's rights under the Legislation, sell, lease or otherwise dispose of Collateral in any commercially reasonable manner.
9.05 At any time after the occurrence of an event of default, default the Secured Party may direct account debtors of the Debtor in respect of the Production to make all payments owing to the Debtor directly to the Secured Party by notifying such account debtors of the Secured Party’s 's interest, either before or after default; and upon notice from the Secured Party to the Debtor, any payments received by the Debtor in respect of the Production whether before or after notification to account debtors, shall be held by the Debtor in trust for the Secured Party in the same medium in which received, shall not be commingled with any assets of the Debtor, and shall be turned over to the Secured Party forthwith upon receipt.
9.06 The Debtor agrees to pay, subject to limitations under the Legislation or Standard Agreement, all charges, including solicitors’', auditors’', receivers’ ' or like persons’ ' costs and remuneration or other expenses reasonably incurred by the Secured Party or other party appointed by the Secured Party in operating the Debtor’s 's accounts but the Secured Party shall pay the fees and expenses of preparing or otherwise enforcing the terms of this security agreement.
9.07 No variation, amendment (except for any schedule which may be added hereto pursuant to the provisions of this agreement) or waiver of any provision of this security agreement shall be effective unless made by written agreement executed by the parties to this security agreement. The Secured Party may remedy any default or perform any duty of the Debtor hereunder or with respect to any indebtedness in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the Debtor. The Secured Party may grant extensions of time and other indulgences, take and give up securities, accept compositions, grant releases and discharges, release Collateral to third parties and otherwise deal with the Debtor’s 's guarantors or sureties and others and with Collateral and other securities as the Secured Party may see fit without prejudice to the liability of the Debtor, or the Secured Party’s 's right to hold and realize Collateral.
Appears in 1 contract
Samples: Standard Agreement