Common use of Rights and Remedies in Loan Documents Clause in Contracts

Rights and Remedies in Loan Documents. (a) In addition to the provisions set forth in this Agreement, upon the occurrence and continuation of an Event of Default, Secured Party, for its benefit and the benefit of the Lenders, shall have the right to exercise any and all rights, powers, options and remedies provided for in any Loan Document and/or herein, under the UCC or at law or in equity, including, without limitation, to the fullest extent permitted by applicable law, the right (in its sole and absolute discretion) to, which Pledgor agrees to be commercially reasonable, (i) apply the Collateral and any other property of Pledgor, including, without limitation, the Loan Collateral, held by Secured Party for the benefit of Lenders, or Lenders to reduce the Secured Obligations, (ii) foreclose the Liens created hereunder and under the Loan Documents, (iii) realize upon, take possession of and/or sell any Loan Collateral, with or without judicial process, at public or private sales or at any broker's board or on any securities exchange or otherwise, (iv) exercise all rights and powers with respect to the Loan Collateral as Pledgor might exercise in its absolute discretion, including, without limitation, to (1) relinquish or abandon any Collateral or any Lien thereon, (2) to vote all or any part of the Collateral and otherwise act with respect thereto as though it were the outright owner thereof, (3) to settle, adjust, compromise and arrange all claims and demands whatsoever in relation to all or any part of the Collateral, (4) to execute all such contracts, agreements, deeds, documents and instruments, to bring, defend and abandon all such actions, suits and proceedings, and to take all actions in relation to all or any part of the Collateral, and/or (5) to appoint managers, sub-agents, and officers for any of the purposes mentioned in the foregoing provisions of this Section and to dismiss the same, (v) collect and send notices regarding the Loan Collateral, with or without judicial process, (vi) by its own means or with judicial assistance, enter any premises at which Loan Collateral is located, or render any of the foregoing unusable or dispose of the Loan Collateral on such premises without any liability for rent, storage, utilities, or other sums, and Pledgor shall not resist or interfere with such action, (vii) at Borrower's or Pledgor's expense, require that all or any part of the Loan Collateral be assembled and made available to Secured Party at any place designated by Secured Party in its Permitted Discretion, and/or (viii) relinquish or abandon any Loan Collateral or any Lien thereon. Secured Party, for its benefit and the benefit of the Lenders, shall have the right in its sole discretion to determine which rights and/or remedies Secured Party or Lenders may at any time pursue, relinquish, subordinate or modify, and such determination will not in any way modify or affect any of Secured Party's or Lenders' rights, Liens or remedies under any Loan Document or this Agreement, applicable law or equity. The enumeration of any rights and remedies in this Agreement or any Loan Document is not intended to be exhaustive, and all rights and remedies of Secured Party described in this Agreement and the Loan Documents are cumulative and are not alternative to or exclusive of any other rights or remedies which Secured Party otherwise may have. The partial or complete exercise of any right or remedy shall not preclude any other further exercise of such or any other right or remedy.

Appears in 6 contracts

Samples: Pledge Agreement (Easy Gardener Products LTD), Pledge Agreement (Easy Gardener Products LTD), Pledge Agreement (Easy Gardener Products LTD)

AutoNDA by SimpleDocs

Rights and Remedies in Loan Documents. (a) In addition to the provisions set forth in this Agreement, upon the occurrence and during the continuation of an Event of Default, Secured Party, for its benefit and the benefit of the Lenders, shall have the right to exercise any and all rights, powers, options and remedies provided for in any Loan Document and/or herein, under the UCC or at law or in Securities pledge Agreement Global Employment Solutions, Inc. (CapitalSource/Global Employment) equity, including, without limitation, to the fullest extent permitted by applicable law, the right (in its sole and absolute discretion) to, which Pledgor agrees to be commercially reasonable, (i) apply the Collateral and any other property of Pledgor, including, without limitation, the Loan Collateral, Pledgor held by Secured Party Party, for its benefit and the benefit of the Lenders, or the Lenders to reduce the Secured Obligations, (ii) foreclose the Liens created hereunder and under the Loan Documents, (iii) realize upon, take possession of and/or sell any Loan Collateral, with or without judicial process, at public or private sales or at any broker's ’s board or on any securities exchange or otherwise, (iv) exercise all rights and powers with respect to the Loan Collateral as Pledgor might exercise in its absolute discretion, including, without limitation, to (1) to relinquish or abandon any Collateral or any Lien thereon, (2) to vote all or any part of the Collateral and otherwise act with respect thereto as though it were the outright owner thereof, (3) to settle, adjust, compromise and arrange all claims and demands whatsoever in relation to all or any part of the Collateral, (4) to execute all such contracts, agreements, deeds, documents and instruments, to bring, defend and abandon all such actions, suits and proceedings, and to take all actions in relation to all or any part of the Collateral, and/or (5) to appoint managers, sub-agents, and officers for any of the purposes mentioned in the foregoing provisions of this Section and to dismiss the same, (v) collect and send notices regarding the Loan Collateral, with or without judicial process, (vi) by its own means or with judicial assistance, enter any premises at which Loan Collateral is located, or render any of the foregoing unusable or dispose of the Loan Collateral on such premises without any liability for rent, storage, utilities, or other sums, and Pledgor shall not resist or interfere with such action, and/or (vii) at Borrower's or Pledgor's ’s expense, require that all or any part of the Loan Collateral be assembled and made available to Secured Party at any place designated by Secured Party in its Permitted Discretion, and/or (viii) relinquish or abandon any Loan Collateral or any Lien thereon. Secured Party, for its benefit and the benefit of the Lenders, shall have the right in its sole discretion to determine which rights and/or remedies Secured Party or the Lenders may at any time pursue, relinquish, subordinate or modify, and such determination will not in any way modify or affect any of Secured Party's ’s or Lenders' rights, Liens or remedies under any Loan Document or this Agreement, applicable law or equity. The enumeration of any rights and remedies in this Agreement or any Loan Document is not intended to be exhaustive, and all rights and remedies of Secured Party described in this Agreement and the Loan Documents are cumulative and are not alternative to or exclusive of any other rights or remedies which Secured Party otherwise may have. The partial or complete exercise of any right or remedy shall not preclude any other further exercise of such or any other right or remedy.

Appears in 1 contract

Samples: Securities Pledge Agreement (Global Employment Holdings, Inc.)

Rights and Remedies in Loan Documents. (a) In addition to the provisions set forth in this Agreement, upon the occurrence and during the continuation of an Event of Default, Secured Party, for its benefit and the benefit of the Lenders, shall have the right to exercise any and all rights, powers, options and remedies provided for in any Loan Document and/or herein, under the UCC or at law or in Securities Pledge Agreement Southeastern Staffing, Inc. (CapitalSource/Global Employment) equity, including, without limitation, to the fullest extent permitted by applicable law, the right (in its sole and absolute discretion) to, which Pledgor agrees to be commercially reasonable, (i) apply the Collateral and any other property of Pledgor, including, without limitation, the Loan Collateral, Pledgor held by Secured Party Party, for its benefit and the benefit of the Lenders, or the Lenders to reduce the Secured Obligations, (ii) foreclose the Liens created hereunder and under the Loan Documents, (iii) realize upon, take possession of and/or sell any Loan Collateral, with or without judicial process, at public or private sales or at any broker's ’s board or on any securities exchange or otherwise, (iv) exercise all rights and powers with respect to the Loan Collateral as Pledgor might exercise in its absolute discretion, including, without limitation, to (1) to relinquish or abandon any Collateral or any Lien thereon, (2) to vote all or any part of the Collateral and otherwise act with respect thereto as though it were the outright owner thereof, (3) to settle, adjust, compromise and arrange all claims and demands whatsoever in relation to all or any part of the Collateral, (4) to execute all such contracts, agreements, deeds, documents and instruments, to bring, defend and abandon all such actions, suits and proceedings, and to take all actions in relation to all or any part of the Collateral, and/or (5) to appoint managers, sub-agents, and officers for any of the purposes mentioned in the foregoing provisions of this Section and to dismiss the same, (v) collect and send notices regarding the Loan Collateral, with or without judicial process, (vi) by its own means or with judicial assistance, enter any premises at which Loan Collateral is located, or render any of the foregoing unusable or dispose of the Loan Collateral on such premises without any liability for rent, storage, utilities, or other sums, and Pledgor shall not resist or interfere with such action, and/or (vii) at Borrower's or Pledgor's ’s expense, require that all or any part of the Loan Collateral be assembled and made available to Secured Party at any place designated by Secured Party in its Permitted Discretion, and/or (viii) relinquish or abandon any Loan Collateral or any Lien thereon. Secured Party, for its benefit and the benefit of the Lenders, shall have the right in its sole discretion to determine which rights and/or remedies Secured Party or the Lenders may at any time pursue, relinquish, subordinate or modify, and such determination will not in any way modify or affect any of Secured Party's ’s or Lenders' rights, Liens or remedies under any Loan Document or this Agreement, applicable law or equity. The enumeration of any rights and remedies in this Agreement or any Loan Document is not intended to be exhaustive, and all rights and remedies of Secured Party described in this Agreement and the Loan Documents are cumulative and are not alternative to or exclusive of any other rights or remedies which Secured Party otherwise may have. The partial or complete exercise of any right or remedy shall not preclude any other further exercise of such or any other right or remedy.

Appears in 1 contract

Samples: Securities Pledge Agreement (Global Employment Holdings, Inc.)

Rights and Remedies in Loan Documents. (a) In addition to the provisions set forth in this Agreement, upon the occurrence and continuation of an Event of Default, Secured Party, for its benefit and the benefit of the Lenders, shall have the right to exercise any and all rights, powers, options and remedies provided for in any Loan Document and/or herein, under the UCC or at law or in equity, including, without limitation, to the fullest extent permitted by applicable law, the right (in its sole and absolute discretion) to, which Pledgor agrees to be commercially reasonable, (i) apply the Collateral and any other property of Pledgor, including, without limitation, the Loan Collateral, held by Secured Party for the benefit of Lenders, or Lenders to reduce the Secured Obligations, (ii) foreclose the Liens created hereunder and under the Loan Documents, (iii) realize upon, take possession of and/or sell any Loan the Collateral, with or without judicial process, at public or private sales or at any broker's board or on any securities exchange or otherwise, (iv) exercise all rights and powers with respect to the Loan Collateral as Pledgor might exercise in its absolute discretion, including, without limitation, to (1) relinquish or abandon any Collateral or any Lien thereon, (2) to vote all or any part of the Collateral and otherwise act with respect thereto as though it were the outright owner thereof, (3) to settle, adjust, compromise and arrange all claims and demands whatsoever in relation to all or any part of the Collateral, (4) to execute all such contracts, agreements, deeds, documents and instruments, to bring, defend and abandon all such actions, suits and proceedings, and to take all actions in relation to all or any part of the Collateral, and/or (5) to appoint managers, sub-agents, and officers for any of the purposes mentioned in the foregoing provisions of this Section and to dismiss the same, (v) collect and send notices regarding the Loan Collateral, with or without judicial process, (vi) by its own means or with judicial assistance, enter any premises at which Loan Collateral is located, or render any of the foregoing unusable or dispose of the Loan Collateral on such premises without any liability for rent, storage, utilities, or other sums, and Pledgor shall not resist or interfere with such action, (vii) at Borrower's or Pledgor's expense, require that all or any part of the Loan Collateral be assembled and made available to Secured Party at any place designated by Secured Party in its Permitted Discretion, and/or (viii) relinquish or abandon any Loan Collateral or any Lien thereon. Secured Party, for its benefit and the benefit of the Lenders, shall have the right in its sole discretion to determine which rights and/or remedies Secured Party or Lenders may at any time pursue, relinquish, subordinate or modify, and such determination will not in any way modify or affect any of Secured Party's or Lenders' rights, Liens or remedies under any Loan Document or this Agreement, applicable law or equity. The enumeration of any rights and remedies in this Agreement or any Loan Document is not intended to be exhaustive, and all rights and remedies of Secured Party described in this Agreement and the Loan Documents are cumulative and are not alternative to or exclusive of any other rights or remedies which Secured Party otherwise may have. The partial or complete exercise of any right or remedy shall not preclude any other further exercise of such or any other right or remedy.

Appears in 1 contract

Samples: Subordination Agreement (Easy Gardener Products LTD)

AutoNDA by SimpleDocs

Rights and Remedies in Loan Documents. (a) In addition to the provisions set forth in this Agreement, upon the occurrence and during the continuation of an Event of Default, Secured Party, for its benefit and the benefit of the Lenders, shall have the right to exercise any and all rights, powers, options and remedies provided for in any Loan Document and/or herein, under the UCC or at law or in Securities pledge Agreement Global Employment Holdings, Inc. (CapitalSource/Global Employment) equity, including, without limitation, to the fullest extent permitted by applicable law, the right (in its sole and absolute discretion) to, which Pledgor agrees to be commercially reasonable, (i) apply the Collateral and any other property of Pledgor, including, without limitation, the Loan Collateral, Pledgor held by Secured Party Party, for its benefit and the benefit of the Lenders, or the Lenders to reduce the Secured Obligations, (ii) foreclose the Liens created hereunder and under the Loan Documents, (iii) realize upon, take possession of and/or sell any Loan Collateral, with or without judicial process, at public or private sales or at any broker's ’s board or on any securities exchange or otherwise, (iv) exercise all rights and powers with respect to the Loan Collateral as Pledgor might exercise in its absolute discretion, including, without limitation, to (1) to relinquish or abandon any Collateral or any Lien thereon, (2) to vote all or any part of the Collateral and otherwise act with respect thereto as though it were the outright owner thereof, (3) to settle, adjust, compromise and arrange all claims and demands whatsoever in relation to all or any part of the Collateral, (4) to execute all such contracts, agreements, deeds, documents and instruments, to bring, defend and abandon all such actions, suits and proceedings, and to take all actions in relation to all or any part of the Collateral, and/or (5) to appoint managers, sub-agents, and officers for any of the purposes mentioned in the foregoing provisions of this Section and to dismiss the same, (v) collect and send notices regarding the Loan Collateral, with or without judicial process, (vi) by its own means or with judicial assistance, enter any premises at which Loan Collateral is located, or render any of the foregoing unusable or dispose of the Loan Collateral on such premises without any liability for rent, storage, utilities, or other sums, and Pledgor shall not resist or interfere with such action, and/or (vii) at Borrower's or Pledgor's ’s expense, require that all or any part of the Loan Collateral be assembled and made available to Secured Party at any place designated by Secured Party in its Permitted Discretion, and/or (viii) relinquish or abandon any Loan Collateral or any Lien thereon. Secured Party, for its benefit and the benefit of the Lenders, shall have the right in its sole discretion to determine which rights and/or remedies Secured Party or the Lenders may at any time pursue, relinquish, subordinate or modify, and such determination will not in any way modify or affect any of Secured Party's ’s or Lenders' rights, Liens or remedies under any Loan Document or this Agreement, applicable law or equity. The enumeration of any rights and remedies in this Agreement or any Loan Document is not intended to be exhaustive, and all rights and remedies of Secured Party described in this Agreement and the Loan Documents are cumulative and are not alternative to or exclusive of any other rights or remedies which Secured Party otherwise may have. The partial or complete exercise of any right or remedy shall not preclude any other further exercise of such or any other right or remedy.

Appears in 1 contract

Samples: Securities Pledge Agreement (Global Employment Holdings, Inc.)

Rights and Remedies in Loan Documents. (a) In addition to the provisions set forth in this Agreement, upon the occurrence and continuation of an Event of Default, Secured Party, for its benefit and the benefit of the Lenders, shall have the right to exercise any and all rights, powers, options and remedies provided for in any Loan Document and/or herein, under the UCC or at law or in equity, including, without limitation, to the fullest extent permitted by applicable law, the right (in its sole and absolute discretion) to, which Pledgor agrees to be commercially reasonable, (i) apply the Collateral and any other property of Pledgor, including, without limitation, the Loan Collateral, held by Secured Party for the benefit of Lenders, or Lenders to reduce the Secured Obligations, (ii) foreclose the Liens created hereunder and under the Loan Documents, (iii) realize upon, take possession of and/or sell any Loan Collateral, with or without judicial process, at public or private sales or at any broker's ’s board or on any securities exchange or otherwise, (iv) exercise all rights and powers with respect to the Loan Collateral as Pledgor might exercise in its absolute discretion, including, without limitation, to (1) relinquish or abandon any Collateral or any Lien thereon, (2) to vote all or any part of the Collateral and otherwise act with respect thereto as though it were the outright owner thereof, (3) to settle, adjust, compromise and arrange all claims and demands whatsoever in relation to all or any part of the Collateral, (4) to execute all such contracts, agreements, deeds, documents and instruments, to bring, defend and abandon all such actions, suits and proceedings, and to take all actions in relation to all or any part party of the Collateral, and/or (5) to appoint managers, sub-agents, and officers for any of the purposes mentioned in the foregoing provisions of this Section and to dismiss the same, (v) collect and send notices regarding the Loan Collateral, with or without judicial process, (vi) by its own means or with judicial assistance, enter any premises at which Loan Collateral is located, or render any of the foregoing unusable or dispose of the Loan Collateral on such premises without any liability for rent, storage, utilities, or other sums, and Pledgor shall not resist or interfere with such action, (vii) at Borrower's any Credit Party’s or Pledgor's ’s expense, require that all or any part of the Loan Collateral be assembled and made available to Secured Party at any place designated by Secured Party in its Permitted Discretion, and/or (viii) relinquish or abandon any Loan Collateral or any Lien thereon. Secured Party, for its benefit and the benefit of the Lenders, Agent shall have the right in its sole discretion to determine which rights and/or remedies Secured Party Agent or Lenders any other Lender may at any time pursue, relinquish, subordinate or modify, and such determination will not in any way modify or affect any of Secured Party's Agent’s or Lenders' rights, Liens or any Lender’s rights and remedies under any Loan Document or this Agreement, applicable at law or in equity. The enumeration of any rights and remedies in this Agreement or any Loan Document is not intended to be exhaustive, and all rights and remedies of Secured Party described in this Agreement and the Loan Documents are cumulative and are not alternative to or exclusive of any other rights or remedies which Secured Party otherwise may have. The partial or complete exercise of any right or remedy shall not preclude any other further exercise of such or any other right or remedy.

Appears in 1 contract

Samples: Pledge Agreement (Evolving Systems Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.