Common use of REMEDIES IN CASE OF AN EVENT OF DEFAULT Clause in Contracts

REMEDIES IN CASE OF AN EVENT OF DEFAULT. (a) In case an Event of Default shall have occurred and be continuing, the Company shall have all of the remedies of a secured party under the Ohio Uniform Commercial Code, and, without limiting the foregoing, shall have the right, subject to any necessary regulatory approvals, to sell, assign and deliver the whole or, from time to time, any part of the Pledged Securities, or any interest in any part thereof, at any private sale or at public auction, with or without demand of performance or other demand, advertisement or notice of the time or place of sale or adjournment thereof or otherwise (except the Company shall give ten (10) days’ notice to the Pledgor of the time and place of any sale pursuant to this Section 5), for cash, and credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as the Company shall, in its sole discretion, determine, the Pledgor hereby waiving and releasing any and all right or equity of redemption whether before or after sale hereunder. At any such sale the Company may bid for and purchase the whole or any part of the Pledged Securities so sold free from any such right or equity of redemption. The Company shall apply the proceeds of any such sale first to the payment of all costs and expenses, including reasonable attorneys’ fees, incurred by the Company in enforcing its rights under this Agreement and then to the payment of interest on and principal of the Note, with such payments to be applied in such order as the Company determines in its sole discretion.

Appears in 4 contracts

Samples: Repayment and Stock Pledge Agreement (Dayton Superior Corp), Repayment and Stock Pledge Agreement (Dayton Superior Corp), Repayment and Stock Pledge Agreement (Dayton Superior Corp)

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REMEDIES IN CASE OF AN EVENT OF DEFAULT. (a) In case an Event of Default shall have occurred and be continuing, the Company shall be entitled to vote the Pledged Securities and shall have all of the remedies of a secured party under the Ohio Delaware Uniform Commercial Code, and, without limiting the foregoing, shall have the right, subject to any necessary regulatory approvals, to sell, assign and deliver the whole or, from time to time, any part of the Pledged Securities, or any interest in any part thereof, at any private sale or at public auction, with or without demand of performance or other demand, advertisement or notice of the time or place of sale or adjournment thereof or otherwise (except the Company shall give ten (10) 10 days' notice to the Pledgor of the time and place of any sale pursuant to this Section 5), for cash, and credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as the Company shall, in its sole discretion, determine, the Pledgor hereby waiving and releasing any and all right or equity of redemption whether before or after sale hereunder. At any such sale the Company may bid for and purchase the whole or any part of the Pledged Securities so sold free from any such right or equity of redemption. The Company shall apply the proceeds of any such sale first to the payment of all costs and expenses, including reasonable attorneys' fees, incurred by the Company in enforcing its rights under this Agreement and then to the payment of interest on and principal of the Note, with such payments to be applied in such order as the Company determines in its Company's sole discretion.

Appears in 2 contracts

Samples: Repayment and Stock Pledge Agreement (Alliance Imaging Inc /De/), Repayment and Stock Pledge Agreement (Accuride Corp)

REMEDIES IN CASE OF AN EVENT OF DEFAULT. (a) In case an Event of Default shall have occurred and be continuing, the Company shall have all of the remedies of a secured party under the Ohio Uniform Commercial Code, and, without limiting the foregoing, shall have the right, subject to any necessary regulatory approvals, to sell, assign and deliver the whole or, from time to time, any part of the Pledged Securities, or any interest in any part thereof, at any private sale or at public auction, with or without demand of performance or other demand, advertisement or notice of the time or place of sale or adjournment thereof or otherwise (except the Company shall give ten (10) days' notice to the Pledgor of the time and place of any sale pursuant to this Section 57), for cash, and credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as the Company shall, in its sole discretion, determine, the Pledgor hereby waiving and releasing any and all right or equity of redemption whether before or after sale hereunder. At any such sale the Company may bid for and purchase the whole or any part of the Pledged Securities so sold free from any such right or equity of redemption. The Company shall apply the proceeds of any such sale first to the payment of all costs and expenses, including reasonable attorneys' fees, incurred by the Company in enforcing its rights under this Agreement and then to the payment of interest on and principal of the NoteNotes, with such payments to be applied in such order as the Company determines in its sole discretion.

Appears in 1 contract

Samples: Repayment and Stock Pledge Agreement (Dayton Superior Corp)

REMEDIES IN CASE OF AN EVENT OF DEFAULT. (a) In case an Event of Default shall have occurred and be continuing, the Company shall have all of the remedies of a secured party under the Ohio Uniform Commercial Code, and, without limiting the foregoing, shall have the right, subject to any necessary regulatory approvals, to sell, assign and deliver the whole or, from time to time, any part of the Pledged Securities, or any interest in any part thereof, at any private sale or at public auction, with or without demand of performance or other demand, advertisement or notice of the time or place of sale or adjournment thereof or otherwise (except the Company shall give ten (10) days’ notice to the Pledgor of the time and place of any sale pursuant to this Section 5), for cash, and credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as the Company shall, in its sole discretion, determine, the Pledgor hereby waiving and releasing any and all right or equity of redemption whether before or after sale hereunder. At any such sale the Company may bid for and purchase the whole or any part of the Pledged Securities so sold free from any such right or equity of redemption. The Company shall apply the proceeds of any such sale first to the payment of all costs and expenses, including reasonable attorneys’ fees, incurred by the Company in enforcing its rights under this Agreement and then to the payment of interest on and principal of the Note, with such payments to be applied in such order as the Company determines in its sole discretion.

Appears in 1 contract

Samples: Repayment and Stock Pledge Agreement (Dayton Superior Corp)

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REMEDIES IN CASE OF AN EVENT OF DEFAULT. (a) In case an Event of Default shall have occurred and be continuing, the Company shall have all of the remedies of a secured party under the Ohio Uniform Commercial Code, and, without limiting the foregoing, shall have the right, subject to any necessary regulatory approvals, to sell, assign and deliver the whole or, from time to time, any part of the Pledged Securities, Collateral or any interest in any part thereof, at any private sale or at public auction, with or without demand of performance or other demand, advertisement or notice of the time or place of sale or adjournment thereof or otherwise otherwise, each of which demands, advertisements and/or notices are hereby expressly waived (except the Company shall give ten (10) 10 days' notice to the Pledgor of the time and place of any sale pursuant to this Section 54), for cash, and on credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as the Company shall, in its sole discretion, determine, the Pledgor hereby waiving and releasing any and all right or equity of redemption whether before or after sale hereunder. At any such sale the Company may bid for and purchase the whole or any part of the Pledged Securities Collateral so sold free from any such right or equity of redemption. The Company shall apply the net proceeds of any such sale first sale, after deducting all reasonable costs and expenses of every kind incurred therein or incidental to the care, safekeeping or otherwise of any and all of the Collateral or in any way relating to its rights hereunder, including reasonable attorney's fees and legal expenses, to the payment in whole or in part of all costs the principal of and expenses, including reasonable attorneys’ fees, incurred by the Company in enforcing its rights under this Agreement and then to the payment of interest on and principal of the Promissory Note, with such payments to be applied in such order as the Company determines in its sole discretion.may elect, the Pledgor remaining liable for any deficiency remaining unpaid after such application, and only after so applying such net proceeds and after the payment by the Company of any other amount required by any provision of law, including, without limitation, Section 9-504(l)(c) of the Uniform Commercial Code, need the Company account for the surplus, if any, to the Pledgor The Pledgor agrees that the Company need not give more than ten days' notice of the time and place of any public sale or of the time after which a private sale or other intended disposition is to take place and that such notice is reasonable notification of such matters. No notification need

Appears in 1 contract

Samples: Employment Agreement (Cole National Corp /De/)

REMEDIES IN CASE OF AN EVENT OF DEFAULT. (a) In case an Event of Default shall have occurred and be continuing, the Company shall be entitled to vote the Pledged Securities and shall have all of the remedies of a secured party under the Ohio New York Uniform Commercial Code, and, without limiting the foregoing, shall have the right, subject to any necessary regulatory approvals, to sell, assign and deliver the whole or, from time to time, any part of the Pledged Securities, or any interest in any part thereof, at any private sale or at public auction, with or without demand of performance or other demand, advertisement or notice of the time or place of sale or adjournment thereof or otherwise (except the Company shall give ten (10) 10 days' notice to the Pledgor of the time and place of any sale pursuant to this Section 5), for cash, and credit or for other property, for immediate or future delivery, and for such price or prices and on such terms as the Company shall, in its sole absolute discretion, determine, the Pledgor hereby waiving and releasing any and all right or equity of redemption whether before or after sale hereunder. At any such sale the Company may bid for and purchase the whole or any part of the Pledged Securities so sold free from any such right or equity of redemption. The Company shall apply the proceeds of any such sale first to the payment of all costs and expenses, including reasonable attorneys’ attorneys fees, incurred by the Company in enforcing its rights under this Agreement and then to the payment of interest on and principal of the Note, with such payments to be applied in such order as the Company determines in its Company's sole discretion.

Appears in 1 contract

Samples: Repayment and Stock Pledge Agreement (Merit Behavioral Care Corp)

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