Common use of Rights and Remedies Generally Clause in Contracts

Rights and Remedies Generally. The Agent may proceed by suit in equity, by action at law or both, whether for the specific performance of any covenant or agreement contained in this Agreement or in any other Financing Agreement or in aid of the exercise of any power granted in this Agreement or any other Financing Agreement, (i) to enforce the payment of the Liabilities, or (ii) to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Agreement and other Financing Agreements in the manner set forth therein; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. Agent shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing May 27, 2004 Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws. In addition to all such rights and remedies, the sale, lease or other disposition of all or any part of the Collateral by the Agent after a Matured Default, may be for cash, credit or both, and the Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may setoff the amount of such purchase price against the Liabilities then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at the Agent’s option, may be in conjunction with or separate from the foreclosure of any mortgage or deed of trust on any Collateral consisting of real property, and may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on Borrower’s premises, at Borrower’s expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on Borrower’s premises, at Borrower’s expense, or elsewhere, on such occasion or occasions as the Agent may see fit. With regard to Collateral in the possession of third Persons, the Agent shall have the right to deliver to each such Person at such address as is provided to the Agent in accordance with Section 6.5 and/or Section 7.3, the notice letter executed by Borrower in connection herewith in the form attached hereto as Exhibit 9A (“Notice Letter”).

Rights and Remedies Generally. The Agent Lender may proceed by suit in equity, by action at law or both, whether for the specific performance of any covenant or agreement contained in this Agreement or in any other Financing Agreement or in aid of the exercise of any power granted in this Agreement or any other Financing Agreement, (i) to enforce the payment of the Liabilities, or (ii) to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Agreement and other Financing Agreements in the manner set forth therein; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. Agent Lender shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing May 27, 2004 Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws. In addition to all such rights and remedies, the sale, lease or other disposition of all or any part of the Collateral by the Agent Lender after a Matured Default, may be for cash, credit or both, and the Agent Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may setoff the amount of such purchase price against the Liabilities then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s Lender's option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at the Agent’s Lender's option, may be in conjunction with or separate from the foreclosure of any mortgage or deed of trust on any Collateral consisting of real property, and may be adjourned from time to time with or without notice. The Agent Lender may, in its sole discretion, cause the Collateral to remain on the applicable Borrower’s 's premises, at Borrower’s Borrowers' expense, pending sale or other disposition of the Collateral. The Agent Lender shall have the right to conduct such sales on any Borrower’s 's premises, at Borrower’s Borrowers' expense, or elsewhere, on such occasion or occasions as the Agent Lender may see fit. With regard to Collateral in the possession of third Persons, the Agent shall have the right to deliver to each such Person at such address as is provided to the Agent in accordance with Section 6.5 and/or Section 7.3, the notice letter executed by Borrower in connection herewith in the form attached hereto as Exhibit 9A (“Notice Letter”).

Rights and Remedies Generally. The Agent may proceed by suit in equity, by action at law or both, whether for the specific performance of any covenant or agreement contained in this Agreement or in any other Financing Agreement or in aid of the exercise of any power granted in this Agreement or any other Financing Agreement, (i) to enforce the payment of the Liabilities, or (ii) to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Agreement and other Financing Agreements in the manner set forth therein; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. Agent shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing May 27, 2004 Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws. In addition to all such rights and remedies, the sale, lease or other disposition of all or any part of the Collateral by the Agent after a Matured Default, may be for cash, credit or both, and the Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may setoff the amount of such purchase price against the Liabilities then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at the Agent’s option, may be in conjunction with or separate from the foreclosure of any mortgage or deed of trust on any Collateral consisting of real property, and may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on Borrower’s premises, at Borrower’s expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on Borrower’s premises, at Borrower’s expense, or elsewhere, on such occasion or occasions as the Agent may see fit. With regard to Collateral in the possession of third Persons, the Agent shall have the right to deliver to each such Person at such address as is provided to the Agent in accordance with Section 6.5 and/or Section 7.3, the notice letter executed by Borrower in connection herewith in the form attached hereto as Exhibit 9A (“Notice Letter”).

Rights and Remedies Generally. The Agent may proceed by suit Upon the occurrence of a Default described in equity, by action at law or both, whether for the specific performance of any covenant or agreement contained in this Agreement or in any other Financing Agreement or in aid of the exercise of any power granted in this Agreement or any other Financing Agreement, clause (i) to enforce the payment of Section 4.1, all of the LiabilitiesObligations of Debtor shall immediately and automatically, or (ii) to foreclose without notice of any kind, be immediately due and payable; and upon any liens, claims, security interests and/or encumbrances granted pursuant to this Agreement and other Financing Agreements in the manner set forth therein; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive occurrence of any other remedyDefault, any or all of the Obligations may, at the option of the Agent, and each without presentment, demand, protest or notice of any kind (all of which are hereby expressly waived), be declared, and every remedy contained herein or in any other Financing Agreement thereupon shall be cumulative become, immediately due and shall be in addition to every other remedy given hereunder and under payable. In addition, upon the other Financing Agreementsoccurrence of a Default, or at any time existing at law or in equity or by statute or otherwise. Agent shall have, in addition to any other rights and remedies contained in this Agreement Agreement, the Debentures or in any of the other Financing May 27, 2004 AgreementsSecurity Documents, all of the rights and remedies of a secured party under the Code Uniform Commercial Code, as then in effect in Illinois, or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of all the Collateral, or any part of the Collateral thereof, by the Agent after a Matured Default, Default may be for cash, credit or bothany combination thereof, and the Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may setoff set-off the amount of such purchase price against the Liabilities Obligations then owing. Any sales of the such Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at the Agent’s option, may be in conjunction with or separate from the foreclosure of any mortgage or deed of trust on any Collateral consisting of real property, and may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on Borrower’s premisesthe premises of Debtor, at Borrower’s Debtor's expense, pending sale or other disposition of the such Collateral. The At such times, Agent shall have the right to repair, process, preserve, protect and maintain the Collateral and make such replacements thereof and additions thereto as Agent may deem advisable. Agent shall have the right to conduct such sales on Borrower’s premisesthe premises of Debtor, at Borrower’s Debtor's expense, or elsewhere, on such occasion or occasions as the Agent may see fit. With regard to Collateral in the possession of third Persons, the Agent shall have the right to deliver to each such Person at such address as is provided to the Agent in accordance with Section 6.5 and/or Section 7.3, the notice letter executed by Borrower in connection herewith in the form attached hereto as Exhibit 9A (“Notice Letter”).

Rights and Remedies Generally. The Agent may proceed by suit in equity, by action at law or both, whether for the specific performance of any covenant or agreement contained in this Agreement or in any other Financing Agreement or in aid of the exercise of any power granted in this Agreement or any other Financing Agreement, (i) to enforce the payment of the Liabilities, or (ii) to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Agreement and or the other Financing Agreements in the manner set forth therein; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. Agent shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing May 27, 2004 Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws. In addition to all such rights and remedies, the sale, lease or other disposition of all or any part of the Collateral by the Agent after a Matured Default, may be for cash, credit or both, and the Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may setoff the amount of such purchase price against the Liabilities then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at the Agent’s option, may be in conjunction with or separate from the foreclosure of any mortgage or deed of trust on any Collateral consisting of real property, and may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on Borrower’s premises, at Borrower’s expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on Borrower’s premises, at Borrower’s expense, or elsewhere, on such occasion or occasions as the Agent may see fit. With regard In addition to, or in concert with, the other remedies referred to Collateral in the possession of third Personsabove, the Agent shall have may take over and complete the right to deliver to each such Person at such address as is provided to Iowa Project and/or the Agent Michigan Project in accordance with Section 6.5 and/or Section 7.3the Plans (as defined in the Construction Lending Protocol), with such changes as the notice letter executed Agent may, in its sole discretion, deem appropriate, all at the risk, cost and expense of Borrower. The Agent may assume or reject any contracts entered into by Borrower in connection herewith with the Iowa Project or the Michigan Project, may enter into additional or different contracts for work, services, labor and materials required, in the form attached hereto sole discretion of the Agent, to complete the Iowa Project and/or the Michigan Project, and may pay, compromise and settle all claims in connection with the Iowa Project and/or the Michigan Project. All sums, including without limitation, reasonable attorneys’ fees, and charges or fees for supervision and inspection of the construction and for any other necessary or desirable purpose in the sole discretion of the Agent expended by the Agent in completing or attempting to complete the Iowa Project (whether aggregating more or less than the amount of the Term Loan Commitments), shall be deemed Term Loan Advances made by the Lenders to Borrower, and Borrower shall be liable to the Lenders, on demand, for the repayment of such sums, together with interest on such sums from the date of their expenditure at the rates provided herein. All sums, including without limitation, reasonable attorneys’ fees, and charges or fees for supervision and inspection of the construction and for any other necessary or desirable purpose in the sole discretion of the Agent expended by the Agent in completing or attempting to complete the Michigan Project (whether aggregating more or less than the amount of the Revolving Term Loan Commitments), shall be deemed Revolving Term Loan Advances made by the Lenders to Borrower, and Borrower shall be liable to the Lenders, on demand, for the repayment of such sums, together with interest on such sums from the date of their expenditure at the rates provided herein. The Agent may at any time abandon work on the Iowa Project and/or the Michigan Project, after having commenced such work, and may recommence such work at any time, it being understood that nothing in this Section 9.2 shall impose any obligation on the Agent or the Lenders either to complete or not to complete the Iowa Project or the Michigan Project. For the purpose of carrying out the provisions of this Section 9.2, Borrower designates, makes, constitutes and appoints the Agent (and all Persons designated by the Agent) as Exhibit 9A (“Notice Letter”)Borrower’s true and lawful attorney-in-fact, with power to execute and deliver all such documents, to pay and receive such funds, and to take such actions as may be necessary, in the sole discretion of the Agent, to complete the Iowa Project and/or the Michigan Project. The foregoing power of attorney is coupled with an interest and is therefore irrevocable. Neither the Agent nor the Lenders, however, shall have any obligation to undertake any of the foregoing for the benefit of Borrower, and if the Agent does undertake any of the same, neither the Agent nor the Lenders shall have any liability for the adequacy, sufficiency or completion thereof.

Rights and Remedies Generally. The Agent may proceed by suit in equity, by action at law or both, whether for In the specific performance of any covenant or agreement contained in this Agreement or in any other Financing Agreement or in aid event of the exercise occurrence of any power granted in this Agreement or any other Financing Agreementan Event of Default, (i) to enforce the payment of the Liabilities, or (ii) to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Agreement and other Financing Agreements in the manner set forth therein; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. Agent Lender shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing May 27, 2004 Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and none exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of all the Collateral, or any part thereof, by Lender after an Event of the Collateral by the Agent after a Matured Default, Default may be for cash, credit or bothany combination thereof, and the Agent Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may setoff set off the amount of such purchase price against the Liabilities then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at the Agent’s option, may be in conjunction with or separate from the foreclosure of any mortgage or deed of trust on any Collateral consisting of real property, and may be adjourned from time to time with or without notice. The Agent Lender may, in its sole discretion, cause the Collateral to remain on Borrower’s 's premises, at Borrower’s 's expense, pending sale or other disposition of the Collateral. The Agent Lender shall have the right to conduct such sales on Borrower’s 's premises, at Borrower’s 's expense, or elsewhere, on such occasion or occasions as the Agent Lender may see fit. With regard In addition to all such rights and remedies, in the event of the occurrence of an Event of Default, Lender may, (i) in the name of Borrower, or otherwise, demand, collect, receive and receipt for, compound, compromise, settle and give acquittance for, and prosecute and discontinue any suits, causes of action or proceedings in respect of any or all of the Collateral and (ii) at the sole option of Lender, elect to retain all or any part of the Collateral in satisfaction of the possession of third Persons, the Agent shall have the right to deliver to each such Person at such address as is provided to the Agent in accordance with Section 6.5 and/or Section 7.3, the notice letter executed by Borrower in connection herewith in the form attached hereto as Exhibit 9A (“Notice Letter”)Liabilities.

Rights and Remedies Generally. The Agent may proceed by suit in equity, by action at law or both, whether for the specific performance of any covenant or agreement contained in this Security Agreement or in any other Financing Agreement the Mortgage and Deed of Trust or in aid of the exercise of any power granted in this Security Agreement or any other Financing Agreementin the Mortgage and Deed of Trust, (i) to enforce the payment of the Liabilities, or (ii) to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Security Agreement or in the Mortgage and other Financing Agreements Deed of Trust in the manner set forth thereinforth; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. The Agent shall have, in addition to any other rights and remedies contained in this Security Agreement or in any the Mortgage and Deed of the other Financing May 27, 2004 AgreementsTrust, all of the rights and remedies of a secured party under the Code or other applicable laws. In addition to all such rights and remedies, the sale, lease or other disposition of all or any part of the Collateral by the Agent after a Matured Default, may be for cash, credit or both, and the Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may setoff the amount of such purchase price against the Liabilities Obligations then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at the Agent’s option, may be in conjunction with or separate from the foreclosure of any mortgage the Mortgage or deed the Deed of trust on any Collateral consisting of real propertyTrust, and may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on Borrower’s premises, at Borrower’s expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on Borrower’s premises, at Borrower’s expense, or elsewhere, on such occasion or occasions as the Agent may see fit. With regard to Collateral in the possession of third Persons, the Agent shall have the right to deliver to each such Person at such address as is provided to the Agent in accordance with Section 6.5 and/or Section 7.3, the notice letter executed by Borrower in connection herewith in the form attached hereto as Exhibit 9A (“Notice Letter”).