Common use of Application of Collateral; Termination of Agreements Clause in Contracts

Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default: (i) Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate Lender's further performance under this Agreement or any other agreement or agreements between Lender and the Borrower, without further liability or obligation by Lender; (ii) Lender, at any time, appropriate and apply on any Obligations any and all Collateral in its possession and (iii) Lender may apply any and all balances, credits, deposits, accounts, reserves, indebtedness or other moneys due or owing to the Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice or otherwise, shall absolve, release or otherwise affect the liability of the Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers and remedies of the Lender, but they shall, in all events, continue until all of the Obligations are satisfied.

Appears in 2 contracts

Samples: Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc)

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Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default: (i) , Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate Lender's further performance under this Agreement or any other agreement or agreements between Lender and the Borrower, without further liability or obligation by Lender; (ii) Lender, and may also, at any time, appropriate and apply on against any Obligations any and all Collateral in its possession and (iiior the Lockbox Agent's) Lender may apply possession, any and all balances, credits, deposits, accounts, reserves, indebtedness or other moneys due or owing to the Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice or otherwise, shall absolve, release or otherwise affect the liability of the 74 76 Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers and remedies of the Lender, but they shall, in all events, continue until all of the Obligations are satisfied.

Appears in 1 contract

Samples: Loan and Security Agreement (Mego Financial Corp)

Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default: (i) each Lender may, with or without proceeding with such sale or foreclosure or demanding payment or performance of the Obligations, without notice, terminate each Lender's ’s further performance under this Agreement or any other agreement or agreements between Lender and the Borrower, without further liability or obligation by Agent or any Lender; (ii) LenderAgent may on behalf of Lenders, at any time, appropriate and apply on any Obligations any and all Collateral in its possession and (iii) each Lender may apply any and all balances, credits, deposits, accounts, reserves, indebtedness or other moneys due or owing to the Borrower held by Lender hereunder or under any other financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement by lapse of time, the giving of notice or otherwise, shall absolve, release or otherwise affect the liability of the Borrower in respect of transactions prior to such termination, or affect any of the Liens, security interests, rights, powers and remedies of the LenderAgent or Lenders, but they shall, in all events, continue until all of the Obligations are satisfied.

Appears in 1 contract

Samples: Loan and Security Agreement Inventory (Silverleaf Resorts Inc)

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Application of Collateral; Termination of Agreements. Upon the occurrence of any Event of Default: (i) Lender mayan EVENT OF DEFAULT, LENDER may also, with or without proceeding with such sale sale, or foreclosure or demanding payment or performance of the Obligations, all obligations without notice, terminate Lender's further performance under this Agreement AGREEMENT or any other agreement or agreements between Lender BORROWER and the Borrower, LENDER without further liability or obligation by Lender; (ii) LenderLENDER, and may also, at any time, appropriate and apply on any Obligations obligations any and all Collateral COLLATERAL in its the possession and (iii) Lender may apply of LENDER, any and all balances, credits, deposits, accounts, reserves, indebtedness indebtedness, or other moneys monies due or owing to the Borrower lender or held by Lender LENDER hereunder or under any other such financing agreement or otherwise, whether accrued or not. Neither such termination, nor the termination of this Agreement AGREEMENT by lapse of time, the giving of notice notice, or otherwise, otherwise shall absolve, release release, or otherwise affect the liability of the Borrower BORROWER in respect of transactions had prior to such termination, or nor affect any of the Liensliens, security interests, rights, powers and remedies of the LenderLENDER, but they shall, in all events, continue until all Indebtedness, obligations, and liabilities of the Obligations BORROWER to LENDER are satisfied. LENDER shall not, in any manner, be liable to BORROWER for any failure to make or continue to make any loans or ADVANCES hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Austin Funding Com Corp)

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