Rights of Xxxxxx. 1. For purposes of determining the Lessee's performance of its covenants under Article V hereof, the Lessor shall have the right to inspect the Leased Premises from time to time as deemed reasonably necessary by the Lessor throughout the term of this Lease.
Rights of Xxxxxx. At any time upon the occurrence and during the continuance of any Event of Default, Lender shall have the right, in addition to any other right or remedy of Lender, but not the obligation, in its own name or in the name of Xxxxxxxx, and to enter into possession of all or any portion of the Collateral. Without limiting the foregoing, Lender shall have the right, but not the obligation, at any time during the continuance of an Event of Default, in its sole and absolute discretion, to apply any and all funds on deposit in the Cash Collateral Reserve and any other funds on deposit with Lender to the Obligation, in such order and in such manner as Lender shall elect in its sole and absolute discretion, including to make a prepayment of Loan or any other amounts due under the Loan Documents; provided that any such application of funds shall not cure or be deemed to cure any Event of Default. Borrower and each Guarantor hereby appoint Lender as the attorney-in-fact of Borrower and/or such Guarantor, with full power of substitution, and in the name of Borrower and/or such Guarantor, if Lender elects to do so, at any time upon the occurrence and during the continuance of any Event of Default, to (a) endorse the name of Borrower and/or such Guarantor on any checks or drafts representing proceeds of the Insurance Policies, or other checks or instruments payable to Borrower and/or such Guarantor with respect to the Collateral, and (b) prosecute or defend any action or proceeding incident to the Collateral. The power-of-attorney granted hereby is a power coupled with an interest and is irrevocable. Lender shall have no obligation to undertake any of the foregoing actions, and if Lender should do so, it shall have no liability to Borrower and/or any Guarantor for the sufficiency or adequacy of any such actions taken by Xxxxxx. Notwithstanding the foregoing, it is expressly understood that Xxxxxx assumes no liability or responsibility for the performance of any duties of Borrower hereunder or under any of the Loan Documents, applicable Governmental Requirements or restrictive covenants, or other control over the management and affairs of Borrower, nor by any such action shall Lender be deemed to create a partnership with Borrower.
Rights of Xxxxxx. Xxxxxx shall not be liable for any failure to collect or realize upon all or any part of the Liabilities or any collateral security (including the Collateral) or guaranty for the Liabilities, or for any delay in so doing, and Xxxxxx shall be under no obligation to take any action whatsoever with regard to the Liabilities or any such collateral security or guaranty. If an Event of Default under the Letter of Credit Agreement has occurred and is continuing, Xxxxxx may, without notice, exercise all rights, privileges or options pertaining to any Pledged Bonds as if it were the absolute owner of such Pledged Bonds, upon such terms and conditions as it may determine, all without liability except to account for Property actually received by it, but Xxxxxx shall have no duty to exercise any of those rights, privileges or options, and shall not be responsible for any failure to do so or delay in so doing.
Rights of Xxxxxx. Upon the occurrence of an Event of Default, Xxxxxx shall have the right, at its sole option and without further notice to Borrower, to pursue all available rights or remedies, at law or in equity or under this Agreement and any documents securing this Agreement, including any pledge agreements. In this regard, in addition to any other remedies which Xxxxxx may have at law or in equity, Borrower acknowledges that an action for damages is inadequate to protect Xxxxxx’x rights and thus Xxxxxx shall have the right to bring a suit for specific performance or injunctive or other equitable relief.
Rights of Xxxxxx. 1. Right to rescind the contract (Sec 153)- if bailee contravenes the terms of the contract.
Rights of Xxxxxx. At any time when an Event of Default has occurred and is continuing, Xxxxxx may, in addition to any other rights it may have under this Agreement or under applicable law, without notice:
Rights of Xxxxxx. FTR may take such actions as it deems necessary from time to time in order to protect and secure its right, title and interest in and to, and ensure the legal and tax compliance of, each Rented Item (including without limitation, placing one or more placards or other evidence of its ownership and/or security interest, as applicable, in or on such Item(s)), and Customer agrees to maintain, and refrain from removing, the same. Without limiting the applicability of Section 12, Customer hereby grants to FTR a first priority security interest on each Item in order to secure FTR’s interest therein (which interest will be deemed a first priority “purchase money” security interest in the event that, despite the plain language of Section 12, this Agreement and/or any other agreement between Customer and FTR shall be deemed to create a financing relationship and/or any manner of ownership interest in favor of Customer with respect to any one or more of such Item(s)) and the amounts due and coming due to FTR hereunder. Customer agrees that FTR may file one or more UCC-1 financing statements and other similar evidence(s) of FTR’s interest of record in order to reflect its interest in such Item(s), and Customer agrees to promptly take such actions, and to execute and deliver to or as directed by FTR, such other and further documents and instruments as may be necessary to give full effect to this Section 14.
Rights of Xxxxxx
