Common use of PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE Clause in Contracts

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose against or sell any real or personal property collateral or security or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Banks’ option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 3 contracts

Samples: Loan Agreement (NGA Holdco, LLC), Security Agreement (NGA Holdco, LLC), Security Agreement (NGA Holdco, LLC)

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PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section Section shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose against or sell any real or personal property collateral or security or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either any party to resort to arbitration or reference. At the Majority BanksRequired Lenders’ option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 2 contracts

Samples: Second Amendment Agreement (Mohegan Tribal Gaming Authority), Increase Joinder and Amendment Agreement (Mohegan Tribal Gaming Authority)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose against or sell any real or personal property collateral or security or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority BanksRequisite Lenders’ option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 2 contracts

Samples: Loan Agreement (Mohegan Tribal Gaming Authority), Loan Agreement (Mohegan Tribal Gaming Authority)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section Section shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose foreclosure against or sell sale of any real or personal property collateral or security security, or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either a party to resort to arbitration or reference. At the Majority Banks’ Lender’s option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 1 contract

Samples: Lease (Chicago Pizza & Brewery Inc)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose against or sell any real or personal property collateral or security or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Banks' option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 1 contract

Samples: Loan Agreement (Eldorado Resorts LLC)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose against or sell any real or personal property collateral or security or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Banks’ Requisite Lenders' option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 1 contract

Samples: Loan Agreement (Station Casinos Inc)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section Article VII shall limit the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose foreclosure against or sell sale of any real or personal property collateral or security security, or to obtain obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Banks’ Bank’s option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 1 contract

Samples: Standing Loan Agreement (Super Micro Computer, Inc.)

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PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section shall limit Article 4 limits the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose foreclosure against or sell sale of any real or personal property collateral or security security, or to obtain obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Banks’ Lender’s option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 1 contract

Samples: Loan Agreement (Barnwell Industries Inc)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section shall limit the right of any party to this Agreement Guaranty to exercise self-help remedies such as setoff, to foreclose against or sell any real or personal property collateral or security or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Banks’ option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 1 contract

Samples: Guaranty (NGA Holdco, LLC)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section Section shall limit the right of any party to this Agreement to exercise self-help remedies such as setoffset-off, to foreclose foreclosure against or sell sale of any real or personal property collateral or security security, or to obtain obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, after or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Banks’ Bank’s option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of a power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 1 contract

Samples: Credit Agreement (Bedford Property Investors Inc/Md)

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. No provision of this section shall limit Article 5 limits the right of any party to this Agreement to exercise self-help remedies such as setoff, to foreclose foreclosure against or sell sale of any real or personal property collateral or security security, or to obtain obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Banks’ Lender’s option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure.

Appears in 1 contract

Samples: Loan Agreement (Barnwell Industries Inc)

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