Common use of Security Agreement under Uniform Commercial Code Clause in Contracts

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement within the meaning of the Uniform Commercial Code (the "Code") of the State in which the Mortgaged Property is located. If an Event of Default shall occur under this Mortgage, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property; or in accordance with Mortgagee's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then five days' notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys' fees and legal expenses. At Mortgagee's request, during the continuance of an Event of Default, Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties.

Appears in 1 contract

Samples: Day International Group Inc

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Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement within the meaning of the Uniform Commercial Code (the "CodeCODE") of the State in which the Mortgaged Property is locatedof Oklahoma (being Title 12A Section 1-101 et seq.). If an Event of Default shall occur under this Mortgage, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property; or Property in accordance with Mortgagee's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then five ten days' notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys' fees and legal expenses. At its option, Mortgagee may proceed solely or separately against the Mortgaged Property or any part thereof upon any default and will be entitled to exercise any or all of the rights and remedies accorded a secured party by the Code including, but not limited to, the right to require Mortgagor, upon demand by Mortgagee's request, during the continuance of an Event of Default, Mortgagor shall to assemble the personal property Mortgaged Property and make it the same available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties.. Any reasonable attorney's fees and legal expenses incurred by Mortgagee in taking any such action will be

Appears in 1 contract

Samples: Security Agreement (Ev International Inc)

Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement within the meaning of the Uniform Commercial Code (the "CodeCODE") of the State in which the Mortgaged Property is locatedof Oklahoma (being Title 12A Section 1-101 et seq.). If an Event of Default shall occur under this Mortgage, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property; or Property in accordance with Mortgagee's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If Mortgagee shall elect to proceed under the Code, then five ten days' notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys' fees and legal expenses. , At its option, Mortgagee may proceed solely or separately against the Mortgaged Property or any part thereof upon any default and will be entitled to exercise any or all of the rights and remedies accorded a secured party by the Code including, but not limited to, the right to require Mortgagor, upon demand by Mortgagee's request, during the continuance of an Event of Default, Mortgagor shall to assemble the personal property Mortgaged Property and make it the same available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. Any reasonable attorney's fees and legal expenses incurred by Mortgagee in taking any such action will be considered part of the reasonable expenses of retaking, holding, preparing for sale and reselling the Mortgaged Property within the meaning of the Code.

Appears in 1 contract

Samples: Leases and Security Agreement (Ev International Inc)

Security Agreement under Uniform Commercial Code. (ae) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement “security agreement” within the meaning of the Uniform Commercial Code (the "Code"“UCC”) of the State in which the Mortgaged Property is located. If an Event of Default shall occur under this Mortgageand be continuing, then in addition to having any other right or remedy available at law or in equity, Mortgagee shall have the option of either (i) proceeding under the Code UCC and exercising such rights and remedies as may be provided to a secured party by the Code UCC with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) to the extent permitted by applicable law, treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property; or Property in accordance with Mortgagee's ’s rights, powers and remedies with respect to the real property (in which event the default provisions of the Code UCC shall not apply). If Mortgagee shall elect to proceed under the CodeUCC, and unless otherwise required by the Security Agreement, then five ten (10) days' notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by Mortgagee shall include, but not be limited to, reasonable attorneys' fees and legal expenses. At Mortgagee's ’s request, during the continuance of an Event of Default, Mortgagor shall assemble the personal property and make it available to Mortgagee at a place designated by Mortgagee which is reasonably convenient to both parties. • Certain portions of the Mortgaged Property are or will become “fixtures” (as that term is defined in the UCC) on the Mortgaged Property, and this Mortgage, upon being filed for record in the real estate records of the county wherein such fixtures are situated, shall operate also as a financing statement filed as a fixture filing in accordance with the applicable provisions of said UCC upon such portions of the Mortgaged Property that are or become fixtures. The addresses of the Mortgagor, as debtor, and Mortgagee, as secured party, are set forth in the first page of this Mortgage. • The real property to which the fixtures relate is described in Exhibit A attached hereto. The name, type of organization and jurisdiction of organization of the debtor for purposes of this financing statement are the name, type of organization and jurisdiction of organization of the Mortgagor set forth in the first paragraph of this Mortgage, and the name of the secured party for purposes of this financing statement is the name of the Mortgagee set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagor/debtor is the address of the Mortgagor set forth in the first paragraph of this Mortgage. The mailing address of the Mortgagee/secured party from which information concerning the security interest hereunder may be obtained is the address of the Mortgagee set forth in the first paragraph of this Mortgage. Mortgagor’s organizational identification number is 2140249.

Appears in 1 contract

Samples: Credit Agreement (Sprague Resources LP)

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Security Agreement under Uniform Commercial Code. (a) It is the intention of the parties hereto that this Mortgage shall constitute a Security Agreement within the meaning of the Uniform Commercial Code (the "CodeCODE") of the State in which the Mortgaged Property is locatedCommonwealth of Pennsylvania. If an Event of Default shall occur and be continuing under this Mortgage, then in addition to having any other right or remedy available at law or in equity, the Mortgagee shall have the option of either (i) proceeding under the Code and exercising such rights and remedies as may be provided to a secured party by the Code with respect to all or any portion of the Mortgaged Property which is personal property (including, without limitation, taking possession of and selling such property) or (ii) treating such property as real property and proceeding with respect to both the real and personal property constituting the Mortgaged Property; or Property in accordance with the Mortgagee's rights, powers and remedies with respect to the real property (in which event the default provisions of the Code shall not apply). If the Mortgagee shall elect to proceed under the Code, then five days' notice of sale of the personal property shall be deemed reasonable notice and the reasonable expenses of retaking, holding, preparing for sale, selling and the like incurred by the Mortgagee shall include, but not be limited to, reasonable attorneys' fees and legal expenses. At the Mortgagee's request, during the continuance of an Event of Default, Mortgagor shall assemble the personal property and make it available to the Mortgagee at a place designated by the Mortgagee which is reasonably convenient to both parties.

Appears in 1 contract

Samples: Edison Mission Finance Co

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