Remedies of Secured Party. Upon the occurrence of an Event of Default:
Remedies of Secured Party. Except to the extent otherwise provided in the Promissory Note, upon the occurrence and during the continuance of an Event of Default: (i) the Secured Party shall have with respect to the Collateral, in addition to all other rights hereunder or under any other Loan Document, the rights and remedies of a secured party under the UCC and other applicable law; (ii) the Secured Party may, at any time, take possession of the Collateral and keep it on the Debtor's premises, at no cost to the Secured Party, or remove any part of it to such other place or places as the Secured Party may desire, or the Debtor shall, upon the Secured Party's demand, at the Debtor's cost, assemble the Collateral and make it available to the Secured Party at a place specified by the Secured Party; and (iii) the Secured Party may sell and deliver any Collateral at public or private sales, for cash, upon credit or otherwise, at such prices and upon such terms as the Secured Party deems advisable, in its sole discretion, and may, if the Secured Party deems it reasonable, postpone or adjourn any sale of the Collateral by an announcement at the time and place of sale or of such postponed or adjourned sale without giving a new notice of sale. Without in any way requiring notice to be given in the following manner, the Debtor agrees that any notice by the Secured Party of sale, disposition or other intended action hereunder or in connection herewith, whether required by the UCC or otherwise, shall constitute reasonable notice to the Debtor if such notice is mailed by registered or certified mail, return receipt requested, postage prepaid, or is delivered personally against receipt, at least ten (10) days prior to such action to the Debtor's address specified in or pursuant to Section 7.9. If any Collateral is sold on terms other than payment in full at the time of sale, no credit shall be given against the Obligations until the Secured Party receives payment, and if the buyer defaults in payment, the Secured Party may resell the Collateral without further notice to the Debtor. In the event the Secured Party seeks to take possession of all or any portion of the Collateral by judicial process, the Debtor irrevocably waives: (i) the posting of any bond, surety or security with respect thereto which might otherwise be required; (ii) any demand for possession prior to the commencement of any suit or action to recover the Collateral; and (iii) any requirement that the Secured Party retain possessio...
Remedies of Secured Party. (a) Upon the occurrence of an Event of Default Secured Party may, at its option:
Remedies of Secured Party. 7.1 Upon debtor's default, secured party shall have each and all of the rights and remedies granted to him by the Uniform Commercial Code of Oregon, by the said note and by this agreement and may declare the note and obligations immediately due and payable and may require debtor to assemble the Collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. The debtor agrees to pay the secured party's reasonable attorney's fees and other expenses incurred by the latter in retaking, holding, preparing for sale and realizing on said Collateral. Should suit or action be instituted on this contract, on the said note or to replevy said collateral, or any part thereof, debtor agrees to pay (1) plaintiff's reasonable attorney's fees to be fixed by the trial court and (2) on appeal, if any, similar fees in the appellate court to be fixed by the appellate court, and all said sums shall be included in the obligations secured hereby.
Remedies of Secured Party. (a) Upon the occurrence of any Event of Default under this Agreement, Secured Party, at its option, may declare any or all of the Obligations, including but not limited to the Note, to be immediately due and payable, without demand or notice to Debtor or any guarantor. The Obligations and liabilities accelerated thereby shall bear interest from the Event of Default (both before and after any judgment) until paid in full at the lesser of eighteen percent (18%) per annum or the maximum rate not prohibited by applicable law.
Remedies of Secured Party. In the event of any default under this Agreement, then in addition to all other rights and remedies of Secured Party under this Agreement or at law or in equity, upon the occurrence of such default, or at any time thereafter, Secured Party may exercise any and all of the following respective rights and remedies, all of which shall be cumulative and not mutually exclusive:
Remedies of Secured Party. Secured Party may, in its discretion, after an event of default: (i) require Debtor to give possession or control of the Collateral to Secured Party, and Secured Party may take possession of the Collateral without the exercise of judicial process; (ii) indorse as Debtor's agent any instruments or chattel paper in the Collateral; (iii) notify account debtors and obligors on instruments to make payment directly to Secured Party; (iv) contact account debtors directly to verify information furnished by Debtor; (v) take control of proceeds and use cash proceeds to reduce any part of the Obligation; (vi) take any action Debtor is required to take or otherwise necessary to perfect, preserve, and enforce the Security Interest, and maintain and preserve the Collateral, without notice to Debtor, and add costs of same to the Obligation (but Secured Party is under no duty to take any such action); (vii) release Collateral in its possession to Debtor, temporarily or otherwise; (viii) take control of funds generated by the Collateral, such as dividends, interest, proceeds or refunds from insurance, and use same to reduce any part of the Obligation; and (ix) waive any of its rights hereunder without such waiver prohibiting the later exercise of the same or similar rights.
Remedies of Secured Party. (a) Should any default, as provided in paragraph 4 above, continue for a period of five (5) days or more following written notice from Secured Party of the default, the New Note shall become immediately due and payable at the option of the Secured Party, without notice or demand, the Secured Party shall have the right to take possession and proceed against the Collateral in accordance with this Agreement or the New Note, and the Secured Party shall have all the rights and remedies provided by law, particularly the provisions of the Commercial Code of the State of California, Investment Securities and Secured Transactions.
Remedies of Secured Party. Upon and after a Default, each Secured Party and its respective assigns, shall have all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable law in all relevant jurisdictions, all of which rights and remedies shall be cumulative and nonexclusive to the extent permitted by law.
Remedies of Secured Party. Subject to the prior payment in full of ------------------------- the indebtedness owed by Debtor to the Senior Lenders, and upon the occurrence of any Event of Default, Secured Party may, at its option and without notice to or demand on Debtor and in addition to all rights and remedies otherwise available at law or in equity or otherwise to Secured Party, do any one or more of the following:
