Certain Rights and Remedies. Without limiting the rights granted to the Collateral Agent under this Agreement and the other Loan Documents, the parties agree that the Collateral Agent will have all the rights and remedies available to a purchaser and a secured party under articles 8 and 9, respectively, of the UCC in respect of the Collateral Account and the Collateral Account Property.
Certain Rights and Remedies. If an Event of Default has occurred and is continuing and in addition to the rights and remedies available to Lender under this Agreement or any other Loan Document, Lender, without any other notice to or demand upon Debtor, shall have the rights and remedies of a secured party under the UCC and any additional rights and remedies that may be provided to a secured party in any jurisdiction in which any UCC Collateral is located, including the right to enter upon each Collateral Site, take possession of and remove such UCC Collateral therefrom. Lender may require Debtor to assemble all or any part of the UCC Collateral at such location(s) as Lender may reasonably designate. Lender shall give to Debtor at least 10 calendar days prior written notice of the time and place of any public sale of UCC Collateral or of the time after which any private sale or any other intended disposition is to be made. Debtor acknowledges that 10 calendar days prior written notice of such sale or sales shall be reasonable notice. Debtor waives any and all rights that it may have to a judicial hearing in advance of the enforcement of any of Lender’s rights and remedies hereunder, including its right following an Event of Default to take immediate possession of the UCC Collateral and to exercise its rights and remedies with respect thereto.
Certain Rights and Remedies. (a) SECURED PARTY'S RIGHTS AND REMEDIES. If at any time (1) an Event of Default or Specified Condition with respect to the Pledgor has occurred and is continuing or (2) an Early Termination Date has occurred or been designated as the result of an Event of Default or Specified Condition with respect to the Pledgor, then, unless the Pledgor has paid in full all of its Obligations that are then due, the Secured Party may exercise one or more of the following rights and remedies:
Certain Rights and Remedies. 6.1 Inspection; Verification. Secured Party, and such persons as it may designate, shall have the right from time to time to (i) audit and inspect (a) the Collateral, (b) all books and records related thereto (and make extracts and copies from such records), and (c) the premises upon which any of the Collateral or books and records may be located; (ii) discuss Debtor’s business, operations, affairs or condition (financial or otherwise) with its officers, accountants; and (iii) verify the validity, amount, quality, quantity, value, condition and status of, or any other matter relating to the Collateral in any manner and through any medium Secured Party may consider appropriate (including contacting account debtors or third party possessing the Collateral for purpose of making such verification). Debtor shall furnish all assistance and information and perform any acts Secured Party may require regarding thereto. Debtor shall bear the cost and expense of any such inspection and verification.
Certain Rights and Remedies. Notwithstanding anything contained in this Agreement to the contrary, in the event that the Lender or a transferee of the Lender acquires any Pledged Shares pursuant to Section 17(j) of the Loan Agreement, any rights, privileges obligations, representations, warranties and covenants that had been offered and imposed by the REIT and constituted part of the Offered Terms (as defined in the Loan Agreement) shall inure to the benefit of the Lender or such transferee of the Lender and such Lender or such transferee of the Lender shall be entitled to exercise such rights and privileges and shall be bound by such obligations as if the REIT had directly offered such rights, privileges and obligations to the Lender or such transferee of the Lender.
Certain Rights and Remedies. Each Grantor acknowledges and agrees as follows:
Certain Rights and Remedies. The following provisions (unless, pursuant to Section 2.1.1, these provisions are not in effect) will survive the expiry or termination of an Agreement: Sections 1, 2.1.3, 3.2, 3.3, 8, 9, 10, 11, 12, 14, 15, 16.3, 17.2, 18 (in accordance with its terms), 19, 20.4, 20.5, 21, 22.1, 22.2, 22.3, 22.4, 22.5, and 22.6 and Clauses B.13.4, C.13.4, B.14, and C.14.
Certain Rights and Remedies. (a) If any Event of Default shall occur and be continuing for a period in excess of 20 days after the Collateral Agent shall have notified the Borrower of such Event of Default and provided the Borrower such time to cure any such Event of Default, the Collateral Agent, for the benefit of the Secured Parties shall have all of the rights and remedies of a secured party under the Uniform Commercial Code as in effect in the State of Delaware from time to time or other applicable law, all of which rights and remedies shall be cumulative, and nonexclusive, to the extent permitted by law, in addition to any other rights and remedies contained in this Agreement (all of which are subject to the initial clause of this Section 5); except that, notwithstanding the foregoing and any other provision of this or any other agreement involving the parties, or if applicable, the Collateral Agent shall give to the Borrower, at least 20 days’ prior written notice prior to any sale, lease, or other disposition of Collateral, and shall cause the sale or other disposition of the Collateral to occur in a commercially reasonable manner which gives Borrower, as well as potential purchasers, access to the sale.
Certain Rights and Remedies. In addition to all other rights and remedies provided in the Loan Documents or otherwise available at law or in equity, the Lender, on the occurrence of any Event of Default, may proceed pursuant to this Section 7.2. The Lender may do any or all of the following, simultaneously, successively or in such order and number as the Lender shall select:
Certain Rights and Remedies. Lender may exercise its rights and remedies under the Uniform Commercial Code and/or otherwise under this Pledge and/or the Second Equitable Mortgage or pursuant to law or equity, it being expressly agreed that Lender may, at its sole option, exercise such right with respect to less than all of the Collateral, as Lender elects in its sole discretion, leaving unexercised its rights with respect to the remainder of the Collateral and in such order as Lender shall determine in its sole discretion; provided, however, that such partial exercise (or priority of exercise) shall in no way restrict or jeopardize Lender's right to exercise its right with respect to all or another portion of the remainder of the Collateral at a later time or times.
