Rights as Secured Party. Upon the occurrence of any Event of Default, Mortgagee shall be entitled to all of the rights, powers, and remedies afforded a secured party by the UCC with respect to the personal Property and fixtures and as-extracted collateral in which Mortgagee has been granted a security interest hereby, or Mortgagee may proceed in accordance with the provisions hereof as to both the real and personal Property covered hereby.
Rights as Secured Party. The Secured Party shall have all of the rights and remedies of a secured party under the UCC, under any Other Lien Laws, and under other applicable law and in equity, with respect to the Pledged Collateral.
Rights as Secured Party. With respect to (a) its Commitment and the Loans made by it under the Credit Agreement, (b) Chase Loans made by it under the Chase Working Capital Facility, (c) Secured LCs issued by Chase as the Issuing Bank, and (d) the obligations of the Borrower under Secured Hedging Agreements to which Chase is a counterparty, Chase shall have the same rights and powers hereunder and under and in respect of the Collateral Documents as any other Secured Party, and may exercise the same as though it were not acting as the Collateral Agent, and the term "Secured Party" shall, unless the context otherwise indicates, include Chase in its individual capacity. Chase and its Affiliates may (without having to account therefor to any Secured Party) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any of its Affiliates) as if it were not acting as the Collateral Agent, and the Collateral Agent may accept fees and other consideration from the Borrower or any of its Affiliates for services in connection with this Agreement or otherwise in the ordinary course of business without having to account for the same to the Secured Parties.
Rights as Secured Party. Mortgagee may exercise such rights and remedies, whether at law, in equity or by statute (including, without limitation, the Uniform Commercial Code), as are available to Mortgagee as a secured party under this Mortgage with respect to the Chattels, including, without limitation, the right to take possession of the Chattels, to maintain and preserve the same and to cause any of the Chattels to be sold at any one or more public or private sales as permitted by applicable law. Any person, including both Mortgagee and Mortgagor, shall be eligible to purchase any portion or all of the Chattels thus offered for sale. Any and all expenses incurred by Mortgagee in connection with taking possession of the Chattels and maintaining and preserving the same and otherwise preparing for sale, as well as in the conduct of the sale, such as the fees and expenses of Mortgagee's attorneys, shall be deemed to be for the account of Mortgagor and shall be repaid to Mortgagee. Mortgagor, upon Mortgagee's demand, shall assemble the Chattels and make them available to Mortgagee at such place(s) as Mortgagee may designate. Mortgagee shall give Mortgagor at least five days' prior written notice of the time and place of any public sale or other disposition of the Chattels or of the time at or after which Mortgagee intends to make any private sale or other disposition (any such notice for all purposes to be deemed reasonable notice to Mortgagor).
Rights as Secured Party. Upon the occurrence of any Event of Default, Mortgagee shall be entitled to all of the rights, powers and remedies afforded a secured party by the Uniform Commercial Code with respect to the personal property and fixtures in which Mortgagee has been granted a security interest hereby, or Mortgagee may proceed in accordance with the provisions hereof as to both the real and personal property covered hereby.
Rights as Secured Party. Mortgagees shall have, in addition to any other rights and remedies contained in this Restated Mortgage, and in any other agreements, guarantees, notes, mortgages, instruments, and documents heretofore, now, or at any time hereafter executed by the Mortgagor and delivered to Mortgagee(s), all of the rights and remedies of a secured party under the UCC in force in the state of the Mortgagor’s organization and all jurisdictions where the Mortgaged property is located, all of which rights and remedies shall be cumulative, and nonexclusive.
Rights as Secured Party. Mortgagee may exercise the rights and remedies ----------------------- available to a secured party under the Uniform Commercial Code of the state in which the Mortgaged Property is situated with respect to all personal property in which Mortgagee has a security interest under this Mortgage. Upon the occurrence of any Event of Default, Mortgagee shall have the right to cause any of the Chattels to be sold at any one or more public or private sales as permitted by applicable law, and Mortgagee shall further have all other rights and remedies, whether at law, in equity, or by statute, as are available to secured creditors. Any such sale may be conducted by an employee or agent of Mortgagee. Any person, including both Mortgagee and Mortgagor, shall be eligible to purchase all or any part of such personal property at any such sale. Any and all expenses incurred by Mortgagee for retaking, holding, preparing for sale, selling or the like (including reasonable attorneys' fees and disbursements) shall be borne by Mortgagor. Mortgagor, upon Mortgagee's demand and at Mortgagor's expense, shall assemble the personal property and make it available to Mortgagee wherever Mortgagee requires. Mortgagee shall give Mortgagor such notice of the time and place of any public sale or other disposition of the personal property or of the time on or after which Mortgagee intends to make any private sale or other disposition as required by applicable law. If Mortgagee gives Mortgagor such notice in accordance with the notice requirements of this Mortgage, then such notice shall be deemed reasonable notice to Mortgagor and in compliance with applicable law.
Rights as Secured Party. With respect to its share of the Senior Priority Obligations, Bank of America shall have and may exercise the same rights and powers hereunder as, and shall be subject to the same obligations and liabilities as and to the extent set forth herein for, any other Secured Party, all as if Bank of America were not the Senior Credit Facilities Collateral Agent or any other Representative hereunder. The term "Secured Parties" or any similar term shall, unless the context clearly otherwise indicates, include Bank of America in its individual capacity as a creditor. Bank of America and its affiliates may lend money to, and generally engage in any kind of business with, the Grantors or any of their affiliates as if Bank of America were not acting as the Senior Credit Facilities Collateral Agent or any other Representative hereunder and without any duty to account therefor to any other Secured Party.
