Common use of Secured Party’s Actions Clause in Contracts

Secured Party’s Actions. To the extent permitted by applicable law, Debtor waives any right to require Secured Party to proceed against any Person, exhaust any Collateral or pursue any other remedy in Secured Party’s power, and Debtor waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time. All dealings between Debtor and Secured Party, whether or not resulting in the creation of the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations shall have been indefeasibly paid in full and the commitments of the Lenders terminated, Debtor shall not have any right to subrogation, and Debtor waives any benefit of and any right to participate in any Collateral or security whatsoever now or hereafter held by Secured Party. Debtor authorizes Secured Party, without notice or demand and without any reservation of rights against Debtor and without affecting Debtor’s liability hereunder or on the Secured Obligations, from time to time to (a) take and hold any other Property as collateral, other than the Collateral, as security for any or all of the Secured Obligations and exchange, enforce, waive and release any or all of the Collateral or such other Property to the Secured Obligations; and (b) apply the Collateral or such other Property and direct the order or manner of sale thereof as Secured Party in its discretion may determine, subject, however, to the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured Creditor.

Secured Party’s Actions. To the extent permitted by applicable law, Debtor waives any right to require Secured Party to proceed against any Person, exhaust any Collateral or pursue any other remedy in Secured Party’s power, and Debtor waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time. All dealings between Debtor and Secured Party, whether or not resulting in the creation of the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations shall have been indefeasibly paid or performed in full and the commitments of the Lenders terminatedfull, Debtor shall not have any no right to subrogation, and Debtor waives any benefit of and any right to participate in any Collateral or security whatsoever now or hereafter held by Secured Party. Debtor authorizes Secured Party, without notice or demand and without any reservation of rights against Debtor and without affecting Debtor’s liability hereunder or on the Secured Obligations, from time to time to (a) take and hold any other Property property as collateral, other than the Collateral, as security for any or all of the Secured Obligations Obligations, and exchange, enforce, waive and release any or all of the Collateral or such other Property to the Secured Obligationsproperty; and (b) apply the Collateral or such other Property property and direct the order or manner of sale thereof as Secured Party in its discretion may determine, subject, however, to the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured Creditor.

Secured Party’s Actions. To the extent permitted by applicable law, each Debtor waives any right to require Secured Party to marshal or proceed against any Person, exhaust any Collateral or pursue any other remedy in Secured Party’s power, and each Debtor waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time. All dealings between each Debtor and Secured Party, whether or not resulting in the creation of the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations shall have been indefeasibly paid in full and the commitments of the Lenders terminatedRelease Date, each Debtor shall not have any right to subrogation, and each Debtor waives any benefit of and any right to participate in any Collateral or security whatsoever now or hereafter held by Secured Party. Each Debtor authorizes Secured Party, without notice or demand and without any reservation of rights against such Debtor and without affecting such Debtor’s liability hereunder or on the Secured Obligations, from time to time to (a) take and hold any other Property as collateral, other than the Collateral, as security for any or all of the Secured Obligations and exchange, enforce, waive and release any or all of the Collateral or such other Property to the Secured Obligations; and (b) apply the Collateral or such other Property and direct the order or manner of sale thereof as Secured Party in its discretion may determine, subject, however, to the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured CreditorLoan Agreement.

Secured Party’s Actions. To the extent permitted by applicable law, Debtor waives any right to require Secured Party to proceed against any Personmay, exhaust any Collateral or pursue any other remedy in Secured Party’s power, and Debtor waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time. All dealings between Debtor and Secured Party, whether or not resulting in the creation of the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations shall have been indefeasibly paid in full and the commitments of the Lenders terminated, Debtor but shall not have any right to subrogationbe ----------------------- obligated to, and Debtor waives any benefit of and any right to participate in any Collateral discharge taxes, liens or security whatsoever now interests or hereafter held by Secured Party. Debtor authorizes Secured Party, without notice other encumbrances at any time levied or demand and without any reservation of rights against Debtor and without affecting Debtor’s liability hereunder or placed on the Secured Obligations, from time to time to (a) take and hold any other Property as collateral, other than the Collateral, as security pay for insurance on the Collateral, pay for the maintenance and preservation of the Collateral, sign and endorse any invoice, freight or express xxxx, xxxx of lading, or other documents relating to the Collateral, demand, bring suit, collect or give acquittances for any moneys due or compromise, prosecute or defend any action, claim or proceeding arising from the Collateral. Secured Party may do any or all of the foregoing in the name of Debtor or otherwise. Should Debtor fail or refuse to make any payment, perform any covenant or obligation, observe any condition or take any action which Debtor is obligated hereunder to make, perform, observe, take or do, at the time or in the manner herein provided, then Secured Obligations Party may, at Secured Party's sole discretion, without notice to or demand upon Debtor with respect to any such payment and exchangeafter 30 days' notice with respect to any non-monetary covenant, enforceobligations, waive condition or act, and release without releasing Debtor from any obligation, covenant or all of condition hereof, make, perform, observe, take or do the Collateral or same in such other Property manner and to the Secured Obligations; and (b) apply the Collateral or such other Property and direct the order or manner of sale thereof extent as Secured Party may, during any period of time that Debtor is in default hereunder, deem necessary to protect its discretion may determinesecurity interest under this Security Agreement. Debtor agrees to reimburse Secured Party on demand for any payment made, subjector any expense incurred, howeverincluding but not limited to attorneys' fees, to court costs and expenses of litigation, by Secured Party in connection with the provisions of foregoing, together with interest thereon at the Credit Agreement and any applicable intercreditor agreement with any Secured CreditorDefault Rate (as defined in the Hosting Agreement).

Secured Party’s Actions. To the extent permitted by applicable law, Debtor waives any right to require Secured Party to proceed against any Person, exhaust any Collateral or pursue any other remedy in Secured Party’s 's power, and Debtor waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time. All dealings between Debtor and Secured Party, whether or not resulting in the creation of the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations shall have been indefeasibly paid in full and the commitments of the Lenders terminated, Debtor shall not have any right to subrogation, and Debtor waives any benefit of and any right to participate in any Collateral or security whatsoever now or hereafter held by Secured Party. Debtor authorizes Secured Party, without notice or demand and without any reservation of rights against Debtor and without affecting Debtor’s 's liability hereunder or on the Secured Obligations, from time to time to (a) take and hold any other Property as collateral, other than the Collateral, as security for any or all of the Secured Obligations and exchange, enforce, waive and release any or all of the Collateral or such other Property to the Secured Obligations; and (b) apply the Collateral or such other Property and direct the order or manner of sale thereof as Secured Party in its discretion may determine, subject, however, to the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured Creditor.

Secured Party’s Actions. To the extent permitted by applicable law, The Debtor waives (i) any right to require the Secured Party to proceed against any Personperson or entity, exhaust any Collateral Collateral, or have any person or entity joined with the Debtor in any suit arising out of the Obligations or this Agreement or pursue any other remedy in the Secured Party’s power, and Debtor waives ; (ii) any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time; and (iii) any defense arising by reason of any disability or other such defense relating to disability. All dealings between the Debtor and the Secured Party, whether or not resulting in connection with the creation of the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations shall have been indefeasibly paid in full and the commitments of the Lenders terminated, Debtor shall not have any right to subrogation, and The Debtor waives any benefit of and any right to participate in any Collateral or security whatsoever now or hereafter held by the Secured Party. The Debtor authorizes the Secured Party, without notice or demand and without any reservation of rights against the Debtor and without affecting the Debtor’s liability hereunder or on the Secured Obligations, from time to time to (a) take and hold any other Property as collateral, other than the Collateral, as security for any or all of the Secured Obligations and exchange, enforce, waive and release any or all of the Collateral or such other Property to the Secured Obligations; and (b) apply the Collateral or such other Property property and direct the order or manner of sale thereof as the Secured Party Party, in its discretion sole and absolute discretion, may determine; (b) renew, subjectextend for any period, howeveraccelerate, modify, compromise, settle, or release the obligation of any person or entity with respect to any or all of the Obligations or the Collateral; and (c) waive, enforce, modify, amend, or supplement any of the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured Creditorthis Agreement.

Secured Party’s Actions. To the extent permitted by applicable law, Debtor waives any right to require Secured Party to proceed against any Person, exhaust any Collateral or pursue any other remedy in Secured Party’s power, and Debtor ; waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time. All dealings between Debtor and Secured Party, whether or not resulting in the creation of the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations shall have been indefeasibly paid in full and the commitments of the Lenders terminatedfull, Debtor shall not have any no right to subrogation, and Debtor waives any benefit of and any right to participate in any Collateral or security whatsoever now or hereafter held by Secured Party. Debtor authorizes Secured Party, without notice or demand and without any reservation of rights against Debtor and without affecting Debtor’s liability hereunder or on the Secured Obligations, from time to time to (a) take and hold any other Property as collateral, other than the Collateral, as security for any or all of the Secured Obligations Obligations, and exchange, enforce, waive and release any or all of the Collateral or such other Property to the Secured ObligationsProperty; and (b) apply the Collateral or such other Property and direct the order or manner of sale thereof as Secured Party provided in its discretion may determine, subject, however, to the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured CreditorAgreement.

Secured Party’s Actions. To the extent permitted by applicable law, each Debtor waives any right to require Secured Party to proceed against any Person, exhaust any Collateral or pursue any other remedy in Secured Party’s power, and each Debtor waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations Indebtedness from time to time. All dealings between Debtor Debtors and Secured Party, whether or not resulting in the creation of the Secured ObligationsIndebtedness, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all Upon the Secured Obligations shall have been indefeasibly paid in full occurrence and during the commitments continuance of the Lenders terminatedan Event of Default, Debtor shall not have any right to subrogation, and Debtor waives any benefit of and any right to participate in any Collateral or security whatsoever now or hereafter held by Secured Party. Debtor authorizes Debtors authorize Secured Party, without notice or demand and without any reservation of rights against Debtor Debtors and without affecting Debtor’s Debtors’ liability hereunder or on the Secured ObligationsIndebtedness, from time to time to (a) take and hold any other Property Assets as collateral, other than the Collateral, as security for any or all of the Secured Obligations Indebtedness and exchange, enforce, waive and release any or all of the Collateral or such other Property to the Secured ObligationsAssets; and (b) apply the Collateral or such other Property Assets and direct the order or manner of sale thereof as Secured Party in its discretion may determine, subject, however, to the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured Creditor.

Secured Party’s Actions. To Upon the extent permitted by applicable lawoccurrence of an Event of Default (as hereinafter defined), Debtor waives any right to require Secured Party to proceed against any Person, exhaust any Collateral or pursue any other remedy in Secured Party’s power, and Debtor waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time. All dealings between Debtor and Secured Party, whether or not resulting in the creation of the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations shall have been indefeasibly paid in full and the commitments of the Lenders terminatedright, Debtor but shall not have be obligated, to discharge taxes, liens, security interests or other encumbrances at any right to subrogation, and Debtor waives any benefit of and any right to participate in any time levied or placed on the Collateral or security whatsoever now or hereafter held by Secured Party. Debtor authorizes Secured Party, without notice or demand and without any reservation of rights against Debtor and without affecting Debtor’s liability hereunder or on the Secured ObligationsPremises, from time to time to (a) take and hold any other Property as collateral, other than pay for insurance on the Collateral, as security pay for the maintenance and preservation of the Collateral, sign and endorse any checks, notes, drafts, money orders, acceptances or other forms of remittance payable to Debtor and any invoice, freight or express xxxx, xxxx of lading, or other documents relating to the Collateral, demand, bring suit, collect or give acquittance for any monies due on the Accounts or compromise, prosecute or defend any action, claim or proceeding arising from the Collateral. Secured Party shall have the right to do any or all of the foregoing in the name of Debtor or otherwise. Should Debtor fail or refuse to make any payment, perform any covenant or obligation, observe any condition or take any action which Debtor is obligated hereunder to make, perform, observe, take or do, at the time or in the manner herein provided, then Secured Obligations Party shall have the right to, at Secured Party’s sole discretion, without notice to or demand upon Debtor with respect to any Event of Default and exchangewithout releasing Debtor from any obligation, enforcecovenant or condition hereof, waive make, perform, observe, take or do the same in such manner and release any or all of the Collateral or to such other Property to the Secured Obligations; and (b) apply the Collateral or such other Property and direct the order or manner of sale thereof extent as Secured Party may, during any period of time that Debtor is in its discretion may determinedefault hereunder, subjectdeem necessary to protect the Collateral and the security provided by this Agreement. Debtor agrees to reimburse Secured Party on demand for any reasonable payment made, howeveror any reasonable expense incurred, to including reasonable attorneys’ fees, by Secured Party in connection with the provisions of foregoing, together with interest thereon at the Credit Agreement and any applicable intercreditor agreement with any Secured CreditorDefault Rate.

Secured Party’s Actions. To the extent permitted by applicable law, Each Debtor waives (i) any right to require Secured Party Party, for and on behalf of the Banks, to proceed against any Personperson or entity, exhaust any Collateral Collateral, or have any person or entity joined with any Debtor in any suit arising out of the Secured Obligations or this Security Agreement or pursue any other remedy in Secured Party’s 's or Banks' power, and Debtor waives ; (ii) any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of any of the Secured Obligations from time to time; and (iii) any defense arising by reason of any disability or other such defense. All dealings between any Debtor and Secured PartyParty and Banks, whether or not resulting in the creation of connection with the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement and the Loan Agreement. Until all the Secured Obligations shall have been indefeasibly paid in full and the commitments of the Lenders terminatedfull, Debtor shall not have any no right to subrogation, and each Debtor waives any benefit of and any right to participate in any Collateral or security whatsoever now or hereafter held by Secured Party, for and on behalf of the Banks. Each Debtor authorizes Secured Party, for and on behalf of the Banks, without notice or demand and without any reservation of rights against Debtor and without affecting any Debtor’s 's liability hereunder or on the Secured Obligations, from time to time to (a) take and hold any other Property property as collateral, other than the Collateral, as security for any or all of the Secured Obligations Obligations, and exchange, enforce, waive and release any or all of the Collateral or such other Property to the Secured Obligationsproperty; and (b) after the occurrence and during the continuance of an Event of Default, apply the Collateral or such other Property property and direct the order or manner of sale thereof as Secured Party Party, in its discretion discretion, may determine; (c) renew, subjectextend for any period, howeveraccelerate, modify, compromise, settle, or release the obligation of any person or entity with respect to any or all of the Secured Obligations or the Collateral; and (d) waive, enforce, modify, amend, or supplement any of the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured CreditorDocuments (other than this Security Agreement).

Secured Party’s Actions. To Upon the extent permitted by applicable law, Debtor waives any right occurrence of a failure to require Secured Party to proceed against any Person, exhaust any Collateral or pursue any other remedy in Secured Party’s power, and Debtor waives any and all notice of acceptance of this Security Agreement or of creation, modification, rearrangement, renewal or extension for any period of perform any of the Secured Obligations from time (including the failure to time. All dealings between Debtor perform any covenant under this Agreement) when due and Secured Partyif such failure is not cured within any applicable cure period (such an occurrence, whether or not resulting in the creation an “Event of Default”), the Secured Obligations, shall conclusively be presumed to have been had or consummated in reliance upon this Security Agreement. Until all the Secured Obligations Party shall have been indefeasibly paid in full and the commitments of the Lenders terminatedright, Debtor but shall not have be obligated, to discharge taxes, liens, security interests or other encumbrances at any right to subrogation, and Debtor waives any benefit of and any right to participate in any Collateral time levied or security whatsoever now or hereafter held by Secured Party. Debtor authorizes Secured Party, without notice or demand and without any reservation of rights against Debtor and without affecting Debtor’s liability hereunder or placed on the Secured Obligations, from time to time to (a) take and hold any other Property as collateral, other than the Collateral, as security pay for insurance on the Collateral, pay for the maintenance and preservation of the Collateral, sign and endorse any checks, notes, drafts, money orders, acceptances or other forms of remittance payable to one or more Debtors and any invoice, freight or express bxxx, bxxx of lading, or other documents relating to the Collateral, demand, bring suit, collect or give acquittance for any monies due on accounts or compromise, prosecute or defend any action, claim or proceeding arising from the Collateral. The Secured Party shall have the right to do any or all of the Secured Obligations and exchange, enforce, waive and release foregoing in the name of any one or all more of the Collateral Debtors or such other Property otherwise. Should a Debtor fail or refuse to perform any Obligation, the Secured Obligations; Party shall have the right to, at the Secured Party’s sole discretion, without further notice to or demand upon the Debtor with respect to such Event of Default and (b) apply without releasing the Debtor from any obligation, covenant or condition hereof, make, perform, observe, take or do the same in such manner and to such extent as the Secured Party may, during any period of time that the Debtor is in default hereunder, deem necessary to protect the Collateral and the security provided by this Security Agreement. The Debtors agree to reimburse the Secured Party on demand for any reasonable payment made, or such other Property and direct any reasonable expense incurred, including reasonable attorneys’ fees, by the order or manner of sale thereof as Secured Party in its discretion may determineconnection with the foregoing, subject, however, together with interest thereon from the date incurred (at a rate per annum equal to the provisions of the Credit Agreement and any applicable intercreditor agreement with any Secured Creditorsix percent (6%)).