Common use of Default Remedies Clause in Contracts

Default Remedies. Upon the occurrence and during the continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable sale. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten (10) days prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 3 contracts

Samples: Security Agreement (Doral Energy Corp.), Security Agreement (Doral Energy Corp.), Security Agreement (Kentucky USA Energy, Inc.)

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Default Remedies. Upon the occurrence and during the continuation continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaulttime, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, advertisements and the presentment of property Property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten (10) days that twenty days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 3 contracts

Samples: Security Agreement (Allied Corp.), Security Agreement (Allied Corp.), Security Agreement (Allied Corp.)

Default Remedies. Upon the occurrence happening and during the continuation continuance of any Event of DefaultDefault specified in Section 5.2 hereof, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaulttime, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten five (105) days business days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party Party, which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party. Notwithstanding any provision or requirement herein to the contrary, compliance by the Secured Party with the minimum requirements of the Code in the exercise of the remedies under the Code afforded a secured party after default, shall be deemed compliance with the terms of this Security Agreement, and the Debtor and Secured Party agree that the parties intend that the Secured Party have, and is hereby granted, each of the remedies conferred by the Code on a secured party after default to the same extent as if set forth herein.

Appears in 2 contracts

Samples: Security Agreement (Reef Oil & Gas Drilling & Income Fund, L.P.), Security Agreement (Reef Oil & Gas Income & Development Fund III LP)

Default Remedies. Upon If all or any part of the occurrence Secured Obligations shall become due and during payable as specified in the continuation of any Event of DefaultNote or other instrument creating the Obligations, Secured Party may then, or at any time thereafter thereafter, take possession of the Collateral with or without judicial process and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, license or otherwise dispose of, any or all of the Collateral, in its then then-condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any . Any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or other property, or upon credit or for future delivery, at such price as Secured Party may deem fair and Secured Party may disclaim any warranties of title or fitness in connection therewith. Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Company or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. If Secured Party receives non-cash proceeds from the disposition of any Collateral, the Secured Party may either value the noncash proceeds and apply such value to the Secured Obligations, or may dispose of the noncash proceeds, as Collateral, until the noncash proceeds have been converted to cash for application to the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale sale, are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby Company agrees ten (10) days prior written notice shall constitute reasonable notice. Secured Party may require Debtor Company to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and DebtorCompany. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party. The Collateral need not be present at any such sale.

Appears in 2 contracts

Samples: Security Agreement (Vincera, Inc.), Security Agreement (Vincera, Inc.)

Default Remedies. Upon the occurrence and during the continuation of any Event of Default, Secured Party may then, or at any time thereafter during such continuation and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable sale. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten (10) days prior written notice shall constitute reasonable notice. Upon the occurrence and during the continuation of any Event of Default, Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (Rancher Energy Corp.)

Default Remedies. Upon If all or any part of the Indebtedness shall become due and payable as specified in Section 5.03 hereof following the occurrence and during the continuation of any an Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-set off, collect, sell in one or more sales, lease, lease or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may reasonably deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured ObligationsIndebtedness. All demands, notices and advertisements, and the presentment of property at sale sale, are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten that TEN (10) days days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (LIVE VENTURES Inc)

Default Remedies. Upon If all or any part of the occurrence Obligation shall become due and during payable as specified in Section 5.02, the continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaultthereafter, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially commercial reasonable preparation or processing, in such order as the Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers' board or securities exchange, either for cash or upon credit or for future delivery, at such price as the Secured Party may deem fair, and the Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Guarantor or right of redemption. No such purchase or holding by the Secured Party shall be deemed a retention by the Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Uniform Commercial Code or other law requires the Secured Party 8 to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten (10) days five days' prior written notice shall constitute reasonable notice. The Secured Party may require Debtor Guarantor to assemble the Collateral Collateral, to the extent not in the possession of the Secured Party, and make it available to the Secured Party at a place designated by the Secured Party which that is reasonably convenient to the Secured Party and DebtorParty. Any sale hereunder may be conducted by an auctioneer or any officer or agent of the Secured Party. In connection with the sale of Collateral which is stock or other investment securities, in the absence of registration of the Securities under the Securities act of 1933, as amended (the "Act"), and any applicable state securities laws, by Guarantor or, at the election of the Secured Party, the Secured Party must limit prospective purchasers to the extent deemed necessary or advisable by the Secured Party to render such sale exempt from the registration requirements of the Act, and any applicable state securities laws, and no sale so made in good faith by the Secured Party shall be deemed not to be "commercially reasonable" because so made.

Appears in 1 contract

Samples: Security Agreement (Watermarc Food Management Co)

Default Remedies. Upon If all or any part of the occurrence Obligations shall become due and during payable, as specified in Paragraph 9 hereof, the continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaultthereafter, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as the Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers' board or securities exchange, either for cash or upon credit or for future delivery, at such price as the Secured Party may deem fair, and the Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of the Debtor or right of redemption. No such purchase or holding by the Secured Party shall be deemed a retention by the Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale sale, are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Uniform Commercial Code or other law requires the Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten five (105) days days' prior written notice shall constitute reasonable notice. The Secured Party may require the Debtor to assemble any Collateral not in the Collateral Secured Party's possession and make it available to the Secured Party at a place designated by the Secured Party which is reasonably convenient to the Secured Party and DebtorParty. Any sale hereunder may be conducted by an auctioneer or any officer or agent of the Secured Party. In addition to any and all remedies provided herein, or in any of the documents or instruments executed in favor of the Secured Party, the Secured Party shall have and possess all of the rights and remedies of a secured party under the Uniform Commercial Code as in effect in the State of California.

Appears in 1 contract

Samples: Farney Stock Pledge Agreement (Miravant Medical Technologies)

Default Remedies. Upon the occurrence and during the continuation happening of any Event of Default----------------- Default specified in Section 4.03 hereof and before the cure thereof, Secured Party may thendeclare all or any part of the Obligations immediately due, payable and performable, without demand, notice of intention to accelerate, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor, or at any time thereafter other notice whatsoever, all of which are waived by Debtor, and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-set off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers' board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such Such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Obligations. Secured ObligationsParty may enter upon Debtor's premises to take possession of, assemble and collect the Collateral and/or Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. All demands, notices and advertisements, and the presentment of property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten (10) days five days' prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured PartyParty and it shall not be necessary that the Collateral or any part thereof be present at the location of such sale. In addition to the foregoing, Secured Party may, upon the occurrence of any Event of Default, exercise any rights or remedies permitted under the Code or as may otherwise be available to Secured Party under any applicable law or in equity.

Appears in 1 contract

Samples: Security Agreement (Colony Energy, Inc.)

Default Remedies. Upon the occurrence happening and during the continuation continuance of any Event of DefaultDefault specified in Section 5.2 hereof, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaulttime, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale sale, are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten five (105) days days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party Party, which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (Lucas Energy, Inc.)

Default Remedies. Upon the occurrence and during the continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaulttime, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right name free from any claim of Debtor the Debtors or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, advertisements and the presentment of property Property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor the Debtors hereby agrees that ten (10) days days’ prior written notice shall constitute reasonable notice. Secured Party may require Debtor the Debtors to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtorthe Debtors. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (Viking Energy Group, Inc.)

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Default Remedies. Upon the occurrence and during the continuation continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaulttime, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers' board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, advertisements and the presentment of property Property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten (10) days that twenty days' prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (High Plains Gas, Inc.)

Default Remedies. Upon the occurrence and during the continuation happening of any Event of DefaultDefault specified in Sec­tion 4.03 hereof and before the cure thereof, Secured Party may thendeclare all or any part of the Obligations immediately due, payable or performable, without demand, notice of intention to accelerate, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor, or at any time thereafter other notice whatsoever, all of which are waived by Pledgor, and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-set off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, following or fol­lowing any commercially com­mercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers' board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Pledgor or right of redemptionredemp­tion. No such Such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction satisfac­tion of the Obligations. Secured ObligationsParty may enter upon Pledgor's premises to take possession of, assemble and collect the Collateral and/or Secured Party may require Pledgor to assemble the Col­lateral and make it available to Secured Party at a place desig­nated by Secured Party which is reasonably convenient to Secured Party and Pledgor. All demands, notices and advertisementsadver­tise­ments, and the presentment of property at sale are hereby waived except waived. Notwithstanding the preceding, Secured Party shall give reasonable notice of any proposed sale of Collateral to Pledgor or to the extent reasonably necessary owner of the Collateral proposed to conduct a commercially reasonable salebe sold, and permit such owner to bid to purchase such Collateral if such owner submits the highest bid, so long as such owner's bid is at least as high as the amount owed to the Secured Party. IfIn addition, notwithstanding if, notwith­standing the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor Pledgor hereby agrees ten (10) days five days' prior written notice to Pledgor shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured PartyParty and it shall not be necessary that the Collateral or any part thereof be present at the location of such sale. In addition to the foregoing, Secured Party may, upon the occurrence of any Event of Default, exercise any rights or remedies permitted under the Code or as may otherwise be avail­able to Secured Party under any applicable law or in equity.

Appears in 1 contract

Samples: Pledge Agreement (Reo Plus, Inc.)

Default Remedies. Upon Subject to Article VI hereof, and upon the occurrence happening and during the continuation continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaulttime, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers' board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Subordinated Obligations. All demands, notices and advertisements, and the presentment of property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten (10) days days' prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Uti Energy Corp)

Default Remedies. Upon the occurrence and during the continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable sale. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor Debtors hereby agrees agree ten (10) days prior written notice shall constitute reasonable notice. Upon the occurrence and during the continuation of any Event of Default, Secured Party may require Debtor Debtors to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and DebtorDebtors. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (Stratum Holdings, Inc.)

Default Remedies. Upon If all or any part of the occurrence Indebtedness shall become due and during the continuation of any Event of Defaultpayable as specified in Section 5.03 hereof, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-set off, collect, sell in one or more sales, lease, lease or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured ObligationsIndebtedness. All demands, notices and advertisements, and the presentment of property at sale sale, are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor hereby agrees ten that five (105) days prior written notice shall constitute reasonable notice. Secured Party may require Debtor to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and Debtor. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (Temtex Industries Inc)

Default Remedies. Upon the occurrence and during the continuation of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Default, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Debtors or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured Obligations. All demands, notices and advertisements, and the presentment of property at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable sale. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor Debtors hereby agrees agree that ten (10) days prior written notice shall constitute reasonable notice. Upon the occurrence and during the continuation of any Event of Default, Secured Party may require Debtor Debtors to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and DebtorDebtors. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (EnerJex Resources, Inc.)

Default Remedies. Upon the occurrence and during the continuation continuance of any Event of Default, Secured Party may then, or at any time thereafter and from time to time after giving any notice required under the Credit Agreement, if any notice is required with respect to such Event of Defaulttime, apply, set-off, collect, sell in one or more sales, lease, or otherwise dispose of, any or all of the Collateral, in its then condition or, at Secured Party’s option, or following any commercially reasonable preparation or processing, in such order as Secured Party may elect, and any such sale may be made either at public or private sale at its place of business or elsewhere, or at any brokers’ board or securities exchange, either for cash or upon credit or for future delivery, at such price as Secured Party may deem fair, and Secured Party may be the purchaser of any or all Collateral so sold and may hold the same thereafter in its own right free from any claim of Debtor Debtors or right of redemption. No such purchase or holding by Secured Party shall be deemed a retention by Secured Party in satisfaction of the Secured ObligationsIndebtedness. All demands, notices and advertisements, and the presentment of property Assets at sale are hereby waived except to the extent reasonably necessary to conduct a commercially reasonable salewaived. If, notwithstanding the foregoing provisions, any applicable provision of the Code or other law requires Secured Party to give reasonable notice of any such sale or disposition or other action, Debtor Debtors hereby agrees ten (10) days agree that twenty calendar days’ prior written notice shall constitute commercially reasonable notice. Secured Party may require Debtor Debtors to assemble the Collateral and make it available to Secured Party at a place designated by Secured Party which is reasonably convenient to Secured Party and DebtorParty. Any sale hereunder may be conducted by an auctioneer or any officer or agent of Secured Party.

Appears in 1 contract

Samples: Security Agreement (AMERICAN EAGLE ENERGY Corp)

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