Security and Collateral. 5.1 As security and collateral for the full and timely repayment of the Loan pursuant to this Agreement, HOMI will, promptly upon receipt of the Loan and installation of the Minibar System, encumber the Minibar System by registering a first degree fixed charge over the Minibar System, in favour of the Lender and will take such action as is required in order to give this fixed charge full effect, including by means of its being reported and registered with the appropriate authorities, with a copy to Lender. This fixed charge will remain in force until the Loan has been repaid in full, at which time Lender will cooperate with HOMI in the cancellation and removal of the fixed charge. 5.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured, Lender may, without prejudice to any and all other rights, remedies and/or relief to which Lender may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 above, without in any way derogating from HOMI’s obligation to pay to Lender any and all sums still owed by HOMI to Lender pursuant to the terms hereof even after said actions by the Lender. 5.3 HOMI hereby recognizes, acknowledges and agrees that Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI or from any third party, including the security and collateral as set forth in Section 5.1 above (all such security and collateral being termed hereinafter, the “Collateral”), and that Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lender, and Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lender, in this regard. 5.4 HOMI undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s request, in the event Lender and/or HOMI believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.
Appears in 4 contracts
Samples: Loan Agreement (Hotel Outsource Management International Inc), Loan Agreement (Hotel Outsource Management International Inc), Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 As security and collateral for the full and timely repayment of the Loan pursuant to this Agreement, HOMI will, promptly upon receipt execution of the Loan and installation of the Minibar Systemthis Agreement, encumber the Minibar System by registering a first degree fixed charge over the Minibar System, in favour of the Lender and will take such action as is required in order to give this fixed charge full effect, including by means of its being reported and registered with the appropriate authorities, with a copy to Lender. The fixed charge will be effected by means of a Deed of Pledge, substantially in the form that is attached hereto as Exhibit C’. This fixed charge will remain in force until the Loan has been repaid in full, at which time Lender will cooperate with HOMI in the cancellation and removal of the fixed charge.
5.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured, Lender may, without prejudice to any and all other rights, remedies and/or relief to which Lender may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 above, without in any way derogating from HOMI’s obligation to pay to Lender any and all sums still owed by HOMI to Lender pursuant to the terms hereof even after said actions by the Lender.
5.3 HOMI hereby recognizes, acknowledges and agrees that Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI or from any third party, including the security and collateral as set forth in Section 5.1 above (all such security and collateral being termed hereinafter, the “Collateral”), and that Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lender, and Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lender, in this regard.
5.4 HOMI undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s request, in the event Lender and/or HOMI believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.
Appears in 3 contracts
Samples: Loan Agreement (Hotel Outsource Management International Inc), Loan Agreement (Hotel Outsource Management International Inc), Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 As security and collateral for the full and timely repayment of the Loan pursuant to this Agreement, HOMI will, promptly upon receipt of the Loan and installation of the Minibar SystemLoan, encumber the Minibar System by registering a first degree fixed charge over the Minibar System, in favour of the Lender and will take such action as is required in order to give this fixed charge full effect, including by means of its being reported and registered with the appropriate authorities, with a copy to Lender. This fixed charge will remain in force until the Loan has been repaid in full, at which time Lender will cooperate with HOMI in the cancellation and removal of the fixed charge.
5.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured, Lender may, without prejudice to any and all other rights, remedies and/or relief to which Lender may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 5.1 above, without in any way derogating from HOMI’s obligation to pay to Lender any and all sums still owed by HOMI to Lender pursuant to the terms hereof even after said actions by the Lender.
5.3 HOMI hereby recognizes, acknowledges and agrees that Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI or from any third party, including the security and collateral as set forth in Section 5.1 5.1 above (all such security and collateral being termed hereinafter, the “Collateral”), and that Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 5.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lender, and Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lender, in this regard.
5.4 HOMI undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s request, in the event Lender and/or HOMI believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.
Appears in 2 contracts
Samples: Loan Agreement (Hotel Outsource Management International Inc), Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 As security and collateral for the full and timely repayment of the Loan pursuant to this Agreement, HOMI will, promptly upon receipt of the Loan and installation of the Minibar SystemLoan, encumber the Minibar System by registering a first degree fixed charge over the Minibar System, in favour of the Lender and will take such action as is required in order to give this fixed charge full effect, including by means of its being reported and registered with the appropriate authorities, with a copy to Lender. This fixed charge will remain in force until the Loan has been repaid in full, at which time Lender will cooperate with HOMI in the cancellation and removal of the fixed charge.
5.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured, Lender may, without prejudice to any and all other rights, remedies and/or relief to which Lender may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 above, without in any way derogating from HOMI’s obligation to pay to Lender any and all sums still owed by HOMI to Lender pursuant to the terms hereof even after said actions by the Lender.
5.3 HOMI hereby recognizes, acknowledges and agrees that Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI or from any third party, including the security and collateral as set forth in Section 5.1 above (all such security and collateral being termed hereinafter, the “Collateral”), and that Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lender, and Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lender, in this regard.
5.4 HOMI undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s request, in the event Lender and/or HOMI believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.
5.5 If HOMI and/or the Affiliate cease to operate as a solvent, going concern, and Lender exercises its rights in the Collateral, thereby taking title in the Minibar System, then HOMI shall cause Affiliate to grant its consent to an assignment of the Outsource Agreement, to Lender.
Appears in 2 contracts
Samples: Loan Agreement (Hotel Outsource Management International Inc), Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 As security and collateral for the full and timely repayment of the Loan and Interest pursuant to this Agreement, HOMI will, promptly upon receipt of the Loan and installation of the Minibar SystemLoan, encumber the Minibar System by registering a first degree fixed charge over the Minibar System, in favour of the Lender and will take such action as is required in order to give this fixed charge full effect, including by means of its being reported and registered with the appropriate authorities, with a copy to Lender. This fixed charge will remain in force until the Loan has been repaid in full, at which time Lender will cooperate with HOMI in the cancellation and removal of the fixed charge.
5.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured, Lender may, without prejudice to any and all other rights, remedies and/or relief to which Lender may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 above, without in any way derogating from HOMI’s obligation to pay to Lender any and all sums still owed by HOMI to Lender pursuant to the terms hereof even after said actions by the Lender.
5.3 HOMI hereby recognizes, acknowledges and agrees that Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI or from any third party, including the security and collateral as set forth in Section 5.1 above (all such security and collateral being termed hereinafter, the “Collateral”), and that Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lender, and Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lender, in this regard.
5.4 HOMI undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s request, in the event Lender and/or HOMI believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.
5.5 If HOMI and/or the Affiliate cease to operate as a solvent, going concern, and Lender exercises its rights in the Collateral, thereby taking title in the Minibar System, then HOMI shall cause Affiliate to grant its consent to an assignment of the Outsource Agreement, to Lender.
Appears in 1 contract
Samples: Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 10.1 As security and collateral for the full and timely repayment fulfillment of all of the Loan Borrower's undertakings pursuant to this Agreement, HOMI will, promptly upon receipt including the repayment of the Loan and installation the payment of the Minibar SystemInterest, encumber on the Minibar System by registering Repayment Date, the Borrower hereby grants the Lenders, pari passu, a first degree fixed charge over the Minibar Systempriority security interest in, in favour and lien upon, all of the Lender Borrower's rights and will take such action as is required assets, of any kind whatsoever, provided however that, solely in order respect of rights or assets already encumbered by the Borrower to give this fixed charge full effecta third party, including by means of its being reported and registered with prior to the appropriate authorities, with a copy to Lender. This fixed charge will remain in force until the Loan has been repaid in full, at date hereof and/or rights or assets which time Lender will cooperate with HOMI are in the cancellation future acquired by the Borrower using funding received from other parties and removal encumbered to said other parties (in each case, "EXISTING Liens"), such security interest and lien in the Lenders' favor shall be of the fixed chargesecond priority, and shall be subordinate solely to said Existing Liens.
5.2 10.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured), Lender the Lenders, pari passu, may, without prejudice to any and all other rights, remedies and/or relief to which Lender the Lenders may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender the Lenders by HOMI the Borrower pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 10.1 above, without in any way derogating from HOMI’s the Borrower's obligation to pay to Lender the Lenders any and all sums still owed by HOMI the Borrower to Lender the Lenders pursuant to the terms hereof even after said actions by the Lender.
5.3 HOMI 10.3 The Borrower hereby recognizes, acknowledges and agrees that each Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI the Borrower or from any third party, including the security and collateral as set forth in Section 5.1 10.1 above (all such security and collateral being termed hereinafter, the “Collateral”"COLLATERAL"), and that the Lender’s 's rights herein with respect to the security and collateral as set forth in Section 5.1 10.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by the Lender, and the Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI the Borrower hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against the Lender, in this regard.. -------------------------------------------------------------------------------- Loan Agreement - HOMI-Bahry-Mihali Dated as of March 5, 0000 ================================================================================
5.4 HOMI 10.4 The Borrower hereby undertakes, from time to time forthwith upon a Lender’s 's demand, in order to guarantee Lender’s the Lenders' rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s the Lenders' request, in the event Lender the Lenders and/or HOMI the Borrower believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.
Appears in 1 contract
Samples: Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 As security and collateral for the full and timely repayment of the Loan pursuant to this Agreement, HOMI will, promptly upon receipt of the Loan and installation of the Minibar System, encumber the Minibar System by registering a first degree fixed charge over the Minibar System, in favour of the Lender and will take such action as is required in order to give this fixed charge full effect, including by means of its being reported and registered with the appropriate authorities, with a copy to Lender. This fixed charge will remain in force until the Loan has been repaid in full, at which time Lender will cooperate with HOMI in the cancellation and removal of the fixed charge.
5.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured, Lender may, without prejudice to any and all other rights, remedies and/or relief to which Lender may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 5.1 above, without in any way derogating from HOMI’s obligation to pay to Lender any and all sums still owed by HOMI to Lender pursuant to the terms hereof even after said actions by the Lender.
5.3 HOMI hereby recognizes, acknowledges and agrees that Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI or from any third party, including the security and collateral as set forth in Section 5.1 5.1 above (all such security and collateral being termed hereinafter, the “Collateral”), and that Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 5.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lender, and Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lender, in this regard.
5.4 HOMI undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s request, in the event Lender and/or HOMI believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.
Appears in 1 contract
Samples: Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 7.1 As security and collateral for the full and timely repayment of the Loan pursuant to this Agreement, HOMI will, promptly upon receipt of the Loan or part of it, and at the latest within 3 weeks after payment by the Lender and installation of the Minibar SystemMinibars purchased with said Loan funds, take all action necessary on its part to encumber the Minibar System Minibars purchased with the Loan by registering a first degree fixed charge over the Minibar Systemsuch Minibars, in favour of the Lender and will take such action as is required in order to give this fixed charge full effect, including by means of its being reported and registered with the appropriate authoritiesauthorities in Israel and, to the extent applicable and possible under the laws of such other countries, in any other country in which the Minibars are actually installed, with a copy to Lender. This Such fixed charge charges will remain be removed in force until stages, as the Loan is repaid, and the last of such charges will be removed when the Loan has been repaid in full, at which time and Lender will cooperate with HOMI in the cancellation and removal of the fixed chargecharges as above.
5.2 7.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured, Lender may, without prejudice to any and all other rights, remedies and/or relief to which Lender may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 7.1 above, without in any way derogating from HOMI’s obligation to pay to Lender any and all sums still owed by HOMI to Lender pursuant to the terms hereof even after said actions by the Lender.
5.3 7.3 HOMI hereby recognizes, acknowledges and agrees that Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI or from any third party, including the security and collateral as set forth in Section 5.1 7.1 above (all such security and collateral being termed hereinafter, the “Collateral”), and that Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 7.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lender, and Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lender, in this regard.
5.4 7.4 HOMI undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s request, in the event Lender and/or HOMI believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world. HOMI’s undertakings as set forth in this Section are fundamental conditions of this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 As security and collateral for the full and timely repayment of the Loan pursuant to this Agreement, HOMI will, promptly upon receipt of the Loan and installation of the Minibar SystemLoan, cause its Affiliate to encumber the Minibar System by registering a first degree fixed charge over the Minibar System, in favour of the Lender and will take such action as is required in order to give this fixed charge full effect, including by means of its being reported and registered with the appropriate authorities, with a copy to Lender. This fixed charge will remain in force until the Loan has been repaid in full, at which time Lender will cooperate with HOMI in the cancellation and removal of the fixed charge.
5.2 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured, Lender may, without prejudice to any and all other rights, remedies and/or relief to which Lender may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI pursuant to the terms hereof, including the security and collateral as set forth in Section 5.1 above, without in any way derogating from HOMI’s obligation to pay to Lender any and all sums still owed by HOMI to Lender pursuant to the terms hereof even after said actions by the Lender.
5.3 HOMI hereby recognizes, acknowledges and agrees that Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI or from any third party, including the security and collateral as set forth in Section 5.1 above (all such security and collateral being termed hereinafter, the “Collateral”), and that Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lender, and Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lender, in this regard.
5.4 HOMI undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s request, in the event Lender and/or HOMI believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.
5.5 If HOMI and/or the Affiliate cease to operate as a solvent, going concern, and Lender exercises its rights in the Collateral, thereby taking title in the Minibar System, then HOMI shall cause Affiliate to grant its consent to an assignment of the Outsource Agreement, to Lender.
Appears in 1 contract
Samples: Loan Agreement (Hotel Outsource Management International Inc)
Security and Collateral. 5.1 10.1 As security and collateral for the full and timely repayment fulfillment of all of the Loan Borrower’s undertakings pursuant to this Agreement, HOMI will, promptly upon receipt including the repayment of the Loan and installation the payment of the Minibar SystemInterest, encumber on the Minibar System Repayment Date, the Borrower hereby grants the Lenders, pari passu, a first priority security interest in, and lien upon, all of the Borrower’s rights and assets, of any kind whatsoever, provided however that, solely in respect of rights or assets already encumbered by registering the Borrower to a third party, prior to the date hereof and/or rights or assets which are in the future acquired by the Borrower using funding received from other parties and encumbered to said other parties (in each case, “Existing Liens”), such security interest and lien in the Lenders’ favor shall be of second priority, and shall be subordinate solely to said Existing Liens.
10.2 The Borrower is hereby aware that, as security and collateral for the full and timely fulfillment of all of the Borrower’s undertakings pursuant to this Agreement, including the repayment of the Loan and the payment of the Interest, on the Repayment Date, certain shareholders of the Borrower may grant the Lenders a first degree fixed charge and security interest over a total of 2,000,000 of the Minibar Systemshares of common stock which they hold in the Borrower. The Borrower hereby confirms that there is no impediment to the grant of such charge and security interest and that it will fully cooperate with the Lenders in facilitating the exercise and realization of such charge and security interest, in favour favor of the Lender and will take Lenders, upon receipt of such action as is required in order to give this fixed charge full effect, including request by means the Lenders following an Event of its being reported and registered with the appropriate authorities, with a copy to Lender. This fixed charge will remain in force until the Loan has been repaid in full, at which time Lender will cooperate with HOMI in the cancellation and removal of the fixed chargeDefault.
5.2 10.3 Upon the occurrence of an Event of Default, and for as long as said Event of Default remains uncured), Lender the Lenders, pari passu, may, without prejudice to any and all other rights, remedies and/or relief to which Lender the Lenders may be entitled by law, exercise and realize any and all security interests and/or collateral granted to Lender by HOMI the Lenders pursuant to the terms hereof, including the security and collateral as set forth in this Section 5.1 10 above, without in any way derogating from HOMIthe Borrower’s obligation to pay to Lender the Lenders any and all sums still owed by HOMI the Borrower to Lender the Lenders pursuant to the terms hereof even after said actions by the Lender.
5.3 HOMI 10.4 The Borrower hereby recognizes, acknowledges and agrees that each Lender may, at any particular time, hold various forms of security and/or collateral in respect of the Loan, whether received from HOMI the Borrower or from any third party, including the security and collateral as set forth in Section 5.1 10 above (all such security and collateral being termed hereinafter, the “Collateral”), and that each Lender’s rights herein with respect to the security and collateral as set forth in Section 5.1 10 above shall remain in full force and effect regardless of, and in addition to, any other Collateral then held by Lenderthe Lenders, and each Lender shall have full and absolute discretion as to the order and/or nature in which it exercises and/or realizes its rights in the Collateral, if at all, and as to the timing of any such exercise and/or realization, and HOMI the Borrower hereby waives any and all claims, demands and/or actions, of any kind whatsoever, against Lenderthe Lenders, in this regard.
5.4 HOMI 10.5 The Borrower hereby undertakes, from time to time forthwith upon a Lender’s demand, in order to guarantee Lender’s the Lenders’ rights with respect to any current and/or and future creditors, to take any action and sign any instrument and/or form and/or agreement as per Lender’s the Lenders’ request, in the event Lender the Lenders and/or HOMI the Borrower believes that any laws by which it or its assets are bound require such action or signature in order to accord full validity to the Collateral, against the whole world.. Without in any way limiting or derogating from the Borrower’s obligation and undertaking as set forth in this Section 10.5 above, and merely as an additional form of protection for the Lenders, the Borrower hereby undertakes to deliver to Xxxxxxx Xxxxx, at the execution hereof, a Power of Attorney, in the form attached as Exhibit A’ hereto, by which the Borrower will empower Xxxxxxx Xxxxx inter alia to take any and all action pursuant to this Section 10.5, in the Borrower’s name and/or place and/or on its behalf, all as set forth in Exhibit A.
Appears in 1 contract
Samples: Loan Agreement (Hotel Outsource Management International Inc)