Common use of Protection of Secured Party's Security Clause in Contracts

Protection of Secured Party's Security. If the Debtor fails to perform the covenants and agreements contained or incorporated in this Agreement, or if any action or proceeding is commenced which affects the Collateral or title thereto or the interest of the Secured Party therein, including, but not limited to insolvency or arrangements or proceedings involving a bankrupt or decedent, then the Secured Party, at the Secured Party's option, may make such appearance, disburse such sums, and take such action as the Secured Party deems necessary, in its sole discretion, to protect the Secured Party's interest, including but not limited to (i) disbursement of attorneys' fees, (ii) entry upon the Debtor's property to make repairs to the Collateral, and (iii) procurement of satisfactory insurance. Any amounts disbursed by Secured Party pursuant to this Paragraph, with interest thereon, shall become additional indebtedness of the Debtor secured by this Agreement. Unless the Debtor and the Secured Party agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the default rate stated in the Note unless collection from the Debtor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from the Debtor under applicable law. Nothing contained in this Paragraph shall require the Secured Party to incur any expense or take any action.

Appears in 2 contracts

Samples: Borrower Security Agreement (Active Link Communications Inc), Subsidiary Security Agreement (Active Link Communications Inc)

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Protection of Secured Party's Security. If the Debtor fails to perform the covenants and agreements contained or incorporated in this Agreement, or if any action or proceeding is commenced which affects the Collateral or title thereto or the interest of the Secured Party therein, including, but not limited to insolvency to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Secured Party, at the Secured Party's option, Party may make such appearance, disburse such sums, and take such action as the Secured Party deems necessary, in its sole discretion, to protect the Secured Party's interest, including including, but not limited to the following: (i) disbursement of attorneys' fees, ; (ii) entry upon the Debtor's property to make repairs to the Collateral, ; and (iii) procurement of satisfactory insurance. Any amounts disbursed by Secured Party pursuant to this ParagraphSection 6.8, with including interest thereon, shall become additional indebtedness of the Debtor secured by this Agreement. Unless the Debtor and the Secured Party agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the default interest rate stated in the Note unless collection from the Debtor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from the Debtor under applicable lawNote. Nothing contained in this Paragraph Section 6.8 shall require the Secured Party to incur any expense or take any action.

Appears in 1 contract

Samples: Loan and Security Agreement (Eroom System Technologies Inc)

Protection of Secured Party's Security. If the Debtor fails Borrowers fail to perform the covenants and agreements contained or incorporated in this Agreement, or if any action or proceeding is commenced which affects the Collateral or title thereto or the interest of the Secured Party therein, including, but not limited to insolvency to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Secured Party, at the Secured Party's option, Party may make such appearance, disburse such sums, and take such action as the Secured Party deems necessary, in its sole discretion, to protect the Secured Party's interest, including including, but not limited to the following: (i) disbursement of attorneys' fees, fees and (ii) entry upon the Debtor's property to make repairs to the Collateral, and (iii) procurement of satisfactory insurance. Any amounts disbursed by Secured Party pursuant to this ParagraphSection 5.7, with interest thereon, shall become additional indebtedness of Borrowers under the Debtor Note, secured by this Agreement. Unless the Debtor Borrowers and the Secured Party agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the default rate stated in the Note unless collection from the Debtor Borrowers of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from the Debtor under applicable law. Nothing contained in this Paragraph Section 5.7 shall require the Secured Party to incur any expense or take any action.

Appears in 1 contract

Samples: Security Agreement (Global Asset Holdings Inc)

Protection of Secured Party's Security. If the Debtor fails to perform the covenants and agreements contained or incorporated in this Agreement and/or the Financing Agreement, or if any action or proceeding is commenced which affects the Collateral or title thereto or the interest of the Secured Party therein, including, but not limited to insolvency eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Secured Party, at the Secured Party's option, may make such appearance, disburse such sums, and take such action as the Secured Party deems necessary, in its sole discretion, to protect the Secured Party's interest, including but not limited to (i) disbursement of attorneys' fees, (ii) entry upon the Debtor's property to make repairs to the Collateral, and (iii) procurement of satisfactory insurance. Any amounts disbursed by Secured Party pursuant to this ParagraphSection, with interest thereon, shall become additional indebtedness of the Debtor secured by this Agreement. Unless the Debtor and the Secured Party agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the default rate stated in the Note unless collection from the Debtor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from the Debtor under applicable law. Nothing contained in this Paragraph Section shall require the Secured Party to incur any expense or take any action.

Appears in 1 contract

Samples: Bridge Financing Agreement (Illuminated Media Inc)

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Protection of Secured Party's Security. If the Debtor AIN fails to perform the covenants and agreements contained or incorporated in this Agreement, or if any action or proceeding is commenced which affects the Collateral or title thereto or the interest of the Secured Party therein, including, but not limited to insolvency to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Secured Party, at the Secured Party's option, Party may make such appearance, disburse such sums, and take such action as the Secured Party deems necessary, in its sole discretion, to protect the Secured Party's interest, including including, but not limited to the following: (i) disbursement of attorneys' fees, ; (ii) entry upon the DebtorAIN's property to make repairs to the Collateral, ; and (iii) procurement of satisfactory insurance. Any amounts disbursed by Secured Party pursuant to this ParagraphSection 6.8, with interest thereon, shall become additional indebtedness of the Debtor AIN secured by this Agreement. Unless the Debtor AIN and the Secured Party agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the default rate stated in the Note unless collection from the Debtor AIN of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from the Debtor AIN under applicable law. Nothing contained in this Paragraph Section 6.8 shall require the Secured Party to incur any expense or take any action.

Appears in 1 contract

Samples: Bridge Loan and Security Agreement (American Independent Network Inc)

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