Common use of Rights and Remedies Generally Clause in Contracts

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ expense, pending sale or other disposition of such Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ expense, or elsewhere, on such occasion or occasions as the Lender may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance continuation of any Event of Default, the Lender Agent for and on behalf of the Lenders shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender Agent (with the consent or at the direction of Required Lenders) to sell, assign, or lease (as applicable) any or all of the Collateral or the Real PropertyEstate. Upon notice to the Borrowers Borrower after an Event of Default and during the continuance thereofDefault, Borrowers Borrower at their its own expense shall assemble all or any part of the Collateral as determined by Lender Agent and make it available to Lender Agent at the Facility or any location designated by LenderAgent. In such event, the Borrowers Borrower shall, at their its sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender Agent and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender Agent (with the consent of or at the direction of the Required Lenders) after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers Borrower then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender Agent may, in its sole discretion, cause the Collateral to remain on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, pending sale or other disposition of such Collateral. The Lender Agent shall have the right after an Event of Default and during the continuance thereof to conduct such sales (with the consent of the Required Lenders) on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, or elsewhere, on such occasion or occasions as the Lender Agent may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing AgreementsAgreements and the Revolving Loan Documents, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real PropertyEstate. Upon notice to the Borrowers Borrower after an Event of Default and during the continuance thereofDefault, Borrowers Borrower at their its own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers Borrower shall, at their its sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers Borrower then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, pending sale or other disposition of such Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, or elsewhere, on such occasion or occasions as the Lender may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers Borrower after an Event of Default and during the continuance thereof, Borrowers Borrower at their its own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers Borrower shall, at their its sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers Borrower then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, pending sale or other disposition of such Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, or elsewhere, on such occasion or occasions as the Lender may see fit.

Rights and Remedies Generally. Upon the occurrence If a Default shall have occurred and during the continuance of any Event of Defaultbe continuing, the Lender Bank shall have, without any other notice to or demand upon any Obligor, in any jurisdiction in which enforcement hereof is sought, in addition to any other rights and remedies contained in this Agreement and or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code UCC or other applicable lawslaws and any additional rights and remedies which may be provided to a secured party in any jurisdiction in which any Collateral is located, all including the right to take possession of the Collateral, and for that purpose Bank may, to the extent that each Obligor can give authority therefor, enter upon any premises on which the Collateral may be situated and remove the same therefrom. All such rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender Bank after an Event of a Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender Bank may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-set off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such the Collateral may be adjourned from time to time with or without notice. The Lender Bank may, in its sole discretion, cause the Collateral to remain on any BorrowerObligor’s premises, at the Borrowers’ expense, pending sale or other disposition of such the Collateral. The Lender Bank shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any BorrowerObligor’s premises, at the Borrowers’ expense, or elsewhere, on such occasion or occasions as the Lender Bank may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender Administrative Agent and Lenders shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender Administrative Agent to sell, assign, or lease any or all of the Collateral or the Real PropertyCollateral. Upon notice to Borrower upon the Borrowers after an Event of Default and occurrence or during the continuance thereofof any Event of Default, Borrowers Borrower at their its own expense shall assemble all or any part of the Collateral as determined by Lender Administrative Agent and make it available to Lender Administrative Agent at any location designated by Lenderreasonably convenient to Administrative Agent. In such event, the Borrowers Borrower shall, at their its sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender Administrative Agent and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender Administrative Agent after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender Administrative Agent (on behalf of Lenders and itself) may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers Borrower then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender Administrative Agent may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ Borrower’s expense, pending sale or other disposition of such Collateral. The Lender Administrative Agent shall have the right after an upon the occurrence or during the continuance of any Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ Borrower’s expense, or elsewhere, on such occasion or occasions as the Lender Administrative Agent may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any an Event of Default, the Lender Secured Party shall havebe entitled to exercise, in addition to any other and all rights and remedies contained in this Agreement and in any of and all other agreements with the other Financing AgreementsDebtor, any and all of the rights and remedies of available to a secured party under the Code UCC or other applicable laws, all of which rights and remedies shall be cumulativelaw, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to may: sell, assignlease, transfer, endorse, assign or lease any or all of deliver the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all whole or any part of the Collateral at any public or, if permitted by law, or private sale. Upon consummation of any such sale, the Secured Party shall have the right to assign, transfer, endorse and deliver to the purchaser or purchasers thereof the Collateral or any portion thereof so sold. Each such purchaser at any such sale shall hold the property sold absolutely free from any claim or right on the part of any Debtor. The Secured Party shall give the Debtor at least ten (10) days’ written notice (which the Debtor agrees is reasonable notification within meaning of the applicable sections of the UCC) of the Secured Party’s intention to attempt to make any such public or private sale of its Collateral. Such notice, in lieu the case of actual payment public sale, shall state the time and place for such sale (which may be on the premises of such purchase price, Debtor). Any public sale of any of the Collateral shall be held at such time or times within ordinary business hours and at such place or places as the Secured Party may set-off fix and so state in the amount notice of such purchase price against sale. At any such sale, the Liabilities of Collateral or any portion thereof may be sold in its entirety or in separate parcels, as determined by the Borrowers then owingSecured Party (in its sole discretion). Any sales of such Collateral may The Secured Party may, without any notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time with or without notice. The Lender by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned. As an alternative to exercising the power of sale herein conferred upon it, the Secured Party may proceed by action at law or in its sole discretion, cause equity to foreclose the security interest created under this Agreement and sell the Collateral or any portion thereof pursuant to remain on any Borrower’s premises, at the Borrowers’ expense, pending sale judgment or other disposition decree of such Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ expense, a court or elsewhere, on such occasion or occasions as the Lender may see fitcourts having competent jurisdiction.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any If an Event of DefaultDefault occurs, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and or in any of the other Financing AgreementsLoan Documents, all of the rights and remedies of a secured party under the Code or and other applicable lawslaws and all other rights and remedies by law, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after the occurrence of an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public sale held in compliance with the procedures set forth in the Code, or, if permitted by law, private salesale held in compliance with the procedures set forth in the Code, and in lieu of actual payment of such purchase price, may set-set off the amount of such purchase price against the Liabilities of the Borrowers Obligations then owing. Any sales of such the Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any Borrower’s 's or a Borrower Affiliate's premises, at the Borrowers’ Borrower's expense, pending sale or other disposition of such the Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s 's or a Borrower Affiliate's premises, at the Borrowers’ Borrower's expense, or elsewhere, on such occasion or occasions as the Lender may see fit. Lender's rights under this Section shall be enforceable to the extent permitted by applicable law.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender shall have, in addition to any and all other rights and remedies with respect to the Collateral contained in this Agreement and in any of Agreement, the other Financing AgreementsNote, or the Security Agreement, all of the rights and remedies of a secured party under the Uniform Commercial Code of the relevant state or states of the United States and any other applicable lawslaw upon default by a Borrower, all of which rights and remedies shall be cumulative, cumulative and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, Lender shall have the sale, lease right to sell or otherwise dispose of all or any part of the Collateral and the sale or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers Borrower's obligations then owing. Any sales of Lender may, if it deems it reasonable, postpone or adjourn any such Collateral may be adjourned sale from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, by an announcement at the Borrowers’ expense, pending time and place of sale or other disposition by announcement at the time and place of such Collateralpostponed or adjourned sale, without being required to give a new notice of sale. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ expense, or elsewhere, such locations and on such occasion or occasions as the Lender may see fit.

Rights and Remedies Generally. Upon In the event of the occurrence and during the continuance of any ----------------------------- an Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and Agreement, in the Term Note or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-none exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-set off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such the Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any Borrower’s 's premises, at the Borrowers’ Borrower's expense, pending sale or other disposition of such the Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s 's premises, at the Borrowers’ Borrower's expense, or elsewhere, on such occasion or occasions as the Lender may see fit. In addition to all such rights and remedies, in the event of the occurrence of an Event of Default, Lender may, (i) in the name of Borrower, or otherwise, demand, collect, receive and receipt for, compound, compromise, settle and give acquittance for, and prosecute and discontinue any suits, causes of action or proceedings in respect of any or all of the Collateral and (ii) at the sole option of Lender, elect to retain all or any part of the Collateral in satisfaction of the Liabilities.

Rights and Remedies Generally. Upon The Agent may proceed by suit in equity, by action at law or both, whether for the occurrence and during the continuance specific performance of any Event covenant or agreement contained in this Agreement or in any other Financing Agreement or in aid of Defaultthe exercise of any power granted in this Agreement or any other Financing Agreement, (i) to enforce the Lender payment of the Liabilities, or (ii) to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Agreement and other Financing Agreements in the manner set forth therein; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. Agent shall have, in addition to any other rights and remedies contained in this Agreement and or in any of the other Financing May 27, 2004 Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral by the Lender Agent after an Event of Default and during the continuance thereof a Matured Default, may be for cash, credit or any combination thereofboth, and the Lender Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off setoff the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at the Agent’s option, may be in conjunction with or separate from the foreclosure of any mortgage or deed of trust on any Collateral consisting of real property, and may be adjourned from time to time with or without notice. The Lender Agent may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ Borrower’s expense, pending sale or other disposition of such the Collateral. The Lender Agent shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ Borrower’s expense, or elsewhere, on such occasion or occasions as the Lender Agent may see fit. With regard to Collateral in the possession of third Persons, the Agent shall have the right to deliver to each such Person at such address as is provided to the Agent in accordance with Section 6.5 and/or Section 7.3, the notice letter executed by Borrower in connection herewith in the form attached hereto as Exhibit 9A (“Notice Letter”).

Rights and Remedies Generally. Upon Lender may proceed by suit in equity, by action at law or both, whether for the occurrence and during the continuance specific performance of any Event covenant or agreement contained in this Agreement or in any other Financing Agreement or in aid of Defaultthe exercise of any power granted in this Agreement or any other Financing Agreement, (i) to enforce the payment of the Liabilities, or (ii) to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Agreement and other Financing Agreements in the manner set forth therein; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. Lender shall have, in addition to any other rights and remedies contained in this Agreement and or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral by the Lender after an Event of Default and during the continuance thereof a Matured Default, may be for cash, credit or any combination thereofboth, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off setoff the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at Lender's option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such sales, at Lender's option, may be in conjunction with or separate from the foreclosure of any mortgage on any Collateral consisting of real property, and may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any the applicable Borrower’s 's premises, at the Borrowers’ ' expense, pending sale or other disposition of such the Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s 's premises, at the Borrowers’ ' expense, or elsewhere, on such occasion or occasions as the Lender may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real PropertyCollateral. Upon notice to the Borrowers Borrower after an Event of Default and during the continuance thereofDefault, Borrowers Borrower at their its own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers Borrower shall, at their its sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers Borrower then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, pending sale or other disposition of such Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, or elsewhere, on such occasion or occasions as the Lender may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender Agent and Lenders shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable lawsLaws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by lawLaw, including, without limitation, the right of Lender Agent (with the consent or at the direction of the Required Lenders) to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender Agent and make it available to Lender Agent at any location designated by LenderAgent. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender Agent and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender Agent after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender Agent (on behalf of Lenders and itself) may purchase all or any part of the Collateral at public or, if permitted by lawLaw, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender Agent may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ expense, pending sale or other disposition of such Collateral. The Lender Agent shall have the right after an Event of Default and during the continuance thereof to conduct such sales (with the consent of the Required Lenders) on any Borrower’s premises, at the Borrowers’ expense, or elsewhere, on such occasion or occasions as the Lender Agent may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender Agent and Lenders shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender Agent (with the consent or at the direction of the Required Lenders) to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender Agent and make it available to Lender Agent at any location designated by LenderAgent. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender Agent and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender Agent after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender Agent (on behalf of Lenders and itself) may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender Agent may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ expense, pending sale or other disposition of such Collateral. The Lender Agent shall have the right after an Event of Default and during the continuance thereof to conduct such sales (with the consent of the Required Lenders) on any Borrower’s premises, at the Borrowers’ expense, or elsewhere, on such occasion or occasions as the Lender Agent may see fit.

Rights and Remedies Generally. Upon the occurrence and during the continuance of any Event of Default, the Lender Agent shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender Agent to sell, assign, or lease any or all of the Collateral or the Real PropertyCollateral. Upon notice to Borrower upon the Borrowers after occurrence or during the continuance of an Event of Default and during the continuance thereofDefault, Borrowers Borrower at their its own expense shall assemble all or any part of the Collateral as determined by Lender Agent and make it available to Lender Agent at any location reasonably designated by LenderAgent. In such event, the Borrowers Borrower shall, at their its sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender Agent and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender Agent after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers Borrower then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender Agent may, in its sole discretion, cause the Collateral to remain on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, pending sale or other disposition of such Collateral. The Lender Agent shall have the right after the occurrence and during the continuance of an Event of Default and during the continuance thereof to conduct such sales on any the Borrower’s premises, at the Borrowers’ Borrower’s expense, or elsewhere, on such occasion or occasions as the Lender Agent may see fit.

Rights and Remedies Generally. Upon The Agent may proceed by suit in equity, by action at law or both, whether for the occurrence and during the continuance specific performance of any Event covenant or agreement contained in this Security Agreement or in the Mortgage and Deed of DefaultTrust or in aid of the exercise of any power granted in this Security Agreement or in the Mortgage and Deed of Trust, to foreclose upon any liens, claims, security interests and/or encumbrances granted pursuant to this Security Agreement or in the Lender Mortgage and Deed of Trust in the manner set forth; it being intended that no remedy conferred herein or in any of the other Financing Agreements is to be exclusive of any other remedy, and each and every remedy contained herein or in any other Financing Agreement shall be cumulative and shall be in addition to every other remedy given hereunder and under the other Financing Agreements, or at any time existing at law or in equity or by statute or otherwise. The Agent shall have, in addition to any other rights and remedies contained in this Security Agreement or in the Mortgage and in any Deed of the other Financing AgreementsTrust, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, all or any part thereof, of the Collateral by the Lender Agent after an Event of Default and during the continuance thereof a Default, may be for cash, credit or any combination thereofboth, and the Lender Agent may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off setoff the amount of such purchase price against the Liabilities of the Borrowers Obligations then owing. Any sales of the Collateral may involve the sale of portions of the Collateral at different times, and at different locations, and may, at the Agent’s option, be held at a site or sites different from the site at which all or any part of the Collateral is located. Any such Collateral sales, at the Agent’s option, may be in conjunction with or separate from the foreclosure of the Mortgage or the Deed of Trust, and may be adjourned from time to time with or without notice. The Lender Agent may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ Borrower’s expense, pending sale or other disposition of such the Collateral. The Lender Agent shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ Borrower’s expense, or elsewhere, on such occasion or occasions as the Lender Agent may see fit.

Rights and Remedies Generally. Upon In the event of the occurrence and during the continuance of any an Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-none exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-set off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such the Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any Borrower’s 's premises, at the Borrowers’ Borrower's expense, pending sale or other disposition of such the Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s 's premises, at the Borrowers’ Borrower's expense, or elsewhere, on such occasion or occasions as the Lender may see fit. In addition to all such rights and remedies, in the event of the occurrence of an Event of Default, Lender may, (i) in the name of Borrower, or otherwise, demand, collect, receive and receipt for, compound, compromise, settle and give acquittance for, and prosecute and discontinue any suits, causes of action or proceedings in respect of any or all of the Collateral and (ii) at the sole option of Lender, elect to retain all or any part of the Collateral in satisfaction of the Liabilities.