Common use of Exercise of Other Rights Clause in Contracts

Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code and other legal and equitable rights to which it may be entitled, and may exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents as Lender shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents. Lender shall also have the right to require Borrower to assemble any of the Sub-Loan Collateral not in Lender’s possession, at Borrower’s expense, and make it available to Lender at a place to be determined by Lender which is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all of the Sub-Loan Collateral, and may enter the Mortgaged Property or any of the premises of Borrower or wherever the Sub-Loan Collateral shall be located, with or without process of law wherever the Sub-Loan Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety (90) days after sale or disposition of the Sub-Loan Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Bluegreen Corp)

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Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower or Guarantor, the right to continue to collect all payments made on the Pledged Notes Receivable, the Pledged Put and Reserve Agreements, the Pledged Consumer Notes Receivable and/or the Purchased Consumer Notes Receivable and to apply such payments to the Obligations, and to xxx in its own name an Applicable Underlying Developer or other maker of any defaulted Pledged Note Receivable or Pledged Put and Reserve Agreement or the maker of any defaulted Pledged Consumer Notes Receivable or defaulted Purchased Consumer Notes Receivable. Lender may also exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement other Applicable Laws or by the other Sub-Loan Documents or, in the name and stead of Borrower, the Applicable Underlying Transaction Documents, as Lender shall deem appropriate, at law, in equity equity, or otherwise, including, including but not limited to, to the right to bring suit or other proceeding, either for specific performance (whether or not an adequate remedy exists at law or failure to grant specific performance would result in irreparable harm) of any covenant or condition contained in this Agreement, any Sub-the Loan Agreement Documents or by the other Sub-Loan Applicable Underlying Transaction Documents or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents. Lender shall also have the right to require Borrower to assemble any of the Sub-Loan Collateral not in Lender’s 's possession, at Borrower’s 's expense, and make it available to Lender at a place to be determined by Lender which that is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all or any portion of the Sub-Loan Collateral, Collateral or Applicable Underlying Transaction Collateral and may enter the Mortgaged Property any Applicable Resort or any of the premises of Borrower or an Applicable Underlying Developer or wherever the Sub-Loan Collateral or Applicable Underlying Transaction Collateral shall be located, with or without process of law wherever the Sub-Loan Collateral or Applicable Underlying Transaction Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety sixty (9060) days after sale or disposition of the Sub-Loan Collateral or Applicable Underlying Transaction Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable and to apply such payments to the Obligations, subject to the Custodial Agreement or to the rights of any participating lenders in the Applicable Underlying Loans as set forth on Exhibit "D" attached hereto, and to xxx in its own name as Applicable Underlying Borrower or other maker of any defaulted Pledged Note Receivable. Lender may also exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement other Applicable Laws or by the other Sub-Loan Documents or, in the name and stead of Borrower, the Applicable Underlying Loan Documents, as Lender shall deem appropriate, at law, in equity equity, or otherwise, including, including but not limited to, to the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in this Agreement, any Sub-the Loan Agreement Documents or by the other Sub-Applicable Underlying Loan Documents or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-the Loan Documents subject to the Custodial Agreement or by to the other Sub-Loan Documentsrights of any participating lenders in the Applicable Underlying Loans as set forth on Exhibit "D" hereto. Subject to the rights of any participating lenders in certain Applicable Underlying Loans as set forth on Exhibit "D" hereto, Lender shall also have the right to require Borrower to assemble any of the Sub-Loan Collateral not in Lender’s 's possession, at Borrower’s 's expense, and make it available to Lender at a place to be determined by Lender which that is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all or any portion of the Sub-Collateral or Applicable Underlying Loan Collateral, Collateral and may enter the Mortgaged Property any Applicable Resort or any of the premises of Borrower or an Applicable Underlying Borrower or wherever the Sub-Collateral or Applicable Underlying Loan Collateral shall be located, with or without process of law wherever the Sub-Collateral or Applicable Underlying Loan Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety sixty (9060) days after sale or disposition of the Sub-Collateral or Applicable Underlying Loan Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code UCC and other legal and equitable rights to which it may be entitledentitled pursuant to applicable law, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Timeshare Loans, and to apply such payments to the Obligations, and to xxx in its own name the maker of any defaulted Pledged Timeshare Loans. Lender may also exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement other applicable laws or by the other Sub-Loan Documents or the Inventory Loan Documents, as Lender shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents or the Inventory Loan Documents in their entirety, or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-the Loan Agreement Documents or by the other Sub-Inventory Loan DocumentsDocuments in their entirety. Lender shall also have the right to require the Borrower to assemble any of the Sub-Loan Receivables Collateral not in Lender’s possession, at Borrower’s expense, and make it available to Lender at a place to be determined by Lender which is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all of the Sub-Loan Receivables Collateral, and may enter the Mortgaged Property Club, any of the Resorts or any of the premises of Borrower or wherever the Sub-Loan Receivables Collateral shall be located, with or without process of law wherever the Sub-Loan Receivables Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety (90) days after sale or disposition of the Sub-Loan Collateral)sold.

Appears in 1 contract

Samples: Contract (Diamond Resorts Parent, LLC)

Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to xxx in its own name the maker of any defaulted Pledged Notes Receivable. Lender may also exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement other applicable laws or by the other Sub-Loan Documents as Lender shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents. Lender shall also have the right to require Borrower to assemble any of the Sub-Loan Collateral not in Lender’s possession, at Borrower’s expense, and make it available to Lender at a place to be determined by Lender which is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all of the Sub-Loan Collateral, and may enter the Mortgaged Property Resorts or any of the premises of Borrower or wherever the Sub-Loan Collateral shall be located, with or without process of law wherever the Sub-Loan Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety (90) days after sale or disposition of the Sub-Loan Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Silverleaf Resorts Inc)

Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower, the right to continue to collect all payments made on the Pledged Notes Receivable, and to apply such payments to the Obligations, and to xxx in its own name the maker of any defaulted Pledged Notes Receivable. Lender may also exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement other applicable laws or by the other Sub-Loan Documents as Lender shall deem appropriate, at law, in equity or otherwise, including, but not limited to, the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents. Lender shall also have the right to require the Borrower to assemble any of the Sub-Loan Collateral not in Lender’s 's possession, at Borrower’s 's expense, and make it available to Lender at a place to be determined by Lender which is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all of the Sub-Loan Collateral, and may enter the Mortgaged Property Resorts or any of the premises of Borrower or wherever the Sub-Loan Collateral shall be located, with or without process of law wherever the Sub-Loan Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety (90) days after sale or disposition of the Sub-Loan Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Cr Resorts Capital S De R L De C V)

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Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower or Guarantor, the right to continue to collect all payments made on the Pledged Notes Receivable and/or the Pledged Consumer Notes Receivable and to apply such payments to the Obligations, and to xxx in its own name an Applicable Underlying Borrower or other maker of any defaulted Pledged Note Receivable or the maker of any defaulted Pledged Consumer Notes Receivable. Lender may also exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement other Applicable Laws or by the other Sub-Loan Documents or, in the name and stead of Borrower, the Applicable Underlying Loan Documents, as Lender shall deem appropriate, at law, in equity equity, or otherwise, including, including but not limited to, to the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in this Agreement, any Sub-the Loan Agreement Documents or by the other Sub-Applicable Underlying Loan Documents or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents. Lender shall also have the right to require Borrower to assemble any of the Sub-Loan Collateral not in Lender’s 's possession, at Borrower’s 's expense, and make it available to Lender at a place to be determined by Lender which that is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all or any portion of the Sub-Collateral or Applicable Underlying Loan Collateral, Collateral and may enter the Mortgaged Property any Applicable Resort or any of the premises of Borrower or an Applicable Underlying Borrower or wherever the Sub-Collateral or Applicable Underlying Loan Collateral shall be located, with or without process of law wherever the Sub-Collateral or Applicable Underlying Loan Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety sixty (9060) days after sale or disposition of the Sub-Collateral or Applicable Underlying Loan Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower or Guarantor, the right to continue to collect all payments made on the Pledged Notes Receivable and to apply such payments to the Obligations, and to xxx in its own name an Applicable Underlying Borrower or other maker of any defaulted Pledged Note Receivable. Lender may also exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement other Applicable Laws or by the other Sub-Loan Documents or, in the name and stead of Borrower, the Applicable Underlying Loan Documents, as Lender shall deem appropriate, at law, in equity equity, or otherwise, including, including but not limited to, to the right to bring suit or other proceeding, either for specific performance (whether or not an adequate remedy exists at law or failure to grant specific performance would result in irreparable harm) of any covenant or condition contained in this Agreement, any Sub-the Loan Agreement Documents or by the other Sub-Applicable Underlying Loan Documents or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents. Lender shall also have the right to require Borrower to assemble any of the Sub-Loan Collateral not in Lender’s 's possession, at Borrower’s 's expense, and make it available to Lender at a place to be determined by Lender which that is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all or any portion of the Sub-Collateral or Applicable Underlying Loan Collateral, Collateral and may enter the Mortgaged Property any Applicable Resort or any of the premises of Borrower or an Applicable Underlying Borrower or wherever the Sub-Collateral or Applicable Underlying Loan Collateral shall be located, with or without process of law wherever the Sub-Collateral or Applicable Underlying Loan Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety sixty (9060) days after sale or disposition of the Sub-Collateral or Applicable Underlying Loan Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

Exercise of Other Rights. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code and other legal and equitable rights to which it may be entitled, including, without limitation, and without notice to Borrower or Guarantor, the right to continue to collect all payments made on the Pledged Notes Receivable and to apply such payments to the Obligations, and to xxx in its own name an Applicable Underlying Borrower or other maker of any defaulted Pledged Note Receivable. Lender may also exercise any and all other rights or remedies afforded by this Agreement, any Sub-Loan Agreement other Applicable Laws or by the other Sub-Loan Documents or, in the name and stead of Borrower, the Applicable Underlying Loan Documents, as Lender shall deem appropriate, at law, in equity equity, or otherwise, including, including but not limited to, to the right to bring suit or other proceeding, either for specific performance of any covenant or condition contained in this Agreement, any Sub-the Loan Agreement Documents or by the other Sub-Applicable Underlying Loan Documents or in aid of the exercise of any right or remedy granted to Lender in this Agreement, any Sub-Loan Agreement or by the other Sub-Loan Documents. Lender shall also have the right to require Borrower to assemble any of the Sub-Loan Collateral not in Lender’s 's possession, at Borrower’s 's expense, and make it available to Lender at a place to be determined by Lender which that is reasonably convenient to both parties, and Lender shall have the right to take immediate possession of all or any portion of the Sub-Collateral or Applicable Underlying Loan Collateral, Collateral and may enter the Mortgaged Property any Applicable Resort or any of the premises of Borrower or an Applicable Underlying Borrower or wherever the Sub-Collateral or Applicable Underlying Loan Collateral shall be located, with or without process of law wherever the Sub-Collateral or Applicable Underlying Loan Collateral may be, and, to the extent such premises are not the property of Lender, to keep and store the same on said premises until sold (and if said premises shall be the property of Borrower, Borrower agrees not to charge Lender for use and occupancy, rent, or storage of the Sub-Loan Collateral, for a period of at least ninety sixty (9060) days after sale or disposition of the Sub-Collateral or Applicable Underlying Loan Collateral).

Appears in 1 contract

Samples: Loan and Security Agreement (Equivest Finance Inc)

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