Common use of Rights and Remedies Generally Clause in Contracts

Rights and Remedies Generally. Upon acceleration of the Obligations, the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement 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. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent shall have the right to conduct such sales on the Borrowers' premises, at the Borrowers' expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 3 contracts

Samples: Loan and Security Agreement (Lois/Usa Inc), Loan and Security Agreement (Lois/Usa Inc), Loan and Security Agreement (Lois/Usa Inc)

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Rights and Remedies Generally. Upon acceleration of the Obligations, the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement 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. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent shall have the right to conduct such sales on the Borrowers' Borrower's premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 2 contracts

Samples: Loan and Security Agreement (Brothers Gourmet Coffees Inc), Loan and Security Agreement (Plainwell Inc)

Rights and Remedies Generally. Upon acceleration If an Event of the ObligationsDefault occurs and is continuing, the Agent, on behalf of the Lenders, Lender shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing AgreementsLoan 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 cumulative, and non-none exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by Lender after the Agent after occurrence of an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent Lender may, in its sole discretion, cause the Collateral to remain on the premises of either Borrower, at the expense of the Borrowers, pending sale or other disposition of the Collateral. Lender shall have the right to conduct such sales on the Borrowers' premisespremises of either Borrower, at the expense of the Borrowers' expense, or elsewhere, on such occasion or occasions as the Agent Lender may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc)

Rights and Remedies Generally. Upon acceleration of the Obligations, the Agent, on behalf of the Lenders, Lender shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing AgreementsAgreement, all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable laws, all of which rights and remedies shall be cumulative and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent Lender shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent Lender after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent shall have Lender may, in its sole discretion, cause the right Collateral to conduct such sales remain on the Borrowers' premisesBorrower's premises or otherwise or to be removed and stored at premises owned by other persons, at the Borrowers' Borrower's expense, pending sale or elsewhere, on such occasion or occasions as other disposition of the Agent may see fit.Collateral. The Lender shall have

Appears in 1 contract

Samples: Revolving Credit Facility and Security Agreement (LCC International Inc)

Rights and Remedies Generally. Upon acceleration of the ObligationsLiabilities, the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing AgreementsRelated Documents, all of the rights and remedies of a secured party under the Code UCC or other applicable laws, all of which rights and remedies shall be cumulative and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right right, subject to provisions of applicable law, to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent shall have the right to conduct such sales on the Borrowers' Borrower's premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: Secured Credit Agreement (Irwin Naturals 4 Health)

Rights and Remedies Generally. Upon acceleration of the Obligations, the Agent, on behalf of the Lenders, Agent shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code Code, the PPSA or other applicable laws, all of which rights and remedies shall be cumulative and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on any Borrower's premises or otherwise or to be removed and stored at premises owned by other Persons, at the Borrowers' expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on the Borrowers' any Loan Party's premises, at the Borrowers' such Loan Party's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (Wastequip Inc)

Rights and Remedies Generally. Upon acceleration the occurrence and during the continuance of the Obligationsany Event of Default, the Agent, on behalf of the Lenders, Agent and Lenders shall have, in addition to any other rights and remedies contained in this Agreement or 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 cumulative, and non-exclusive, to the extent permitted by lawLaw. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by remedies the Agent after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Agent or any Lender 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 Obligations Liabilities of the Borrower then owing. Any sales of the such Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on Borrower’s premises, at the Borrower’s expense, pending sale or other disposition of such Collateral. The 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 the Borrowers' Borrower’s premises, at the Borrowers' Borrower’s expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: Mezzanine Term Loan and Security Agreement (Summit Healthcare REIT, Inc)

Rights and Remedies Generally. Upon acceleration the occurrence of the Obligationsan Event of Default, the Agent, on behalf of the Lenders, Agent shall have, in addition to any other rights and remedies contained in this Security Agreement or in any of the other Financing AgreementsCredit Documents, all of the rights and remedies of a secured party under the Code UCC or other applicable laws, all of which rights and remedies shall be cumulative cumulative, and non-none exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations then owing. Any All sales of the Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on the respective premises of Grantor, at Grantor's expense, pending sale or other disposition of the Collateral. Agent shall have the right to conduct such sales on the Borrowers' Grantor's premises, at the Borrowers' Grantor's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: General Security Agreement (Venture Stores Inc)

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Rights and Remedies Generally. Upon acceleration of the ObligationsLiabilities, the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement or in any of the other Financing AgreementsRelated 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. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the 84 Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent shall have the right to conduct such sales on the Borrowers' Borrower's premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: Secured Credit Agreement (Gibraltar Packaging Group Inc)

Rights and Remedies Generally. Upon acceleration In the event of the Obligationsa Default, the Agent, on behalf of the Lenders, shall have, in addition to any other rights and remedies contained in this Agreement 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 cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, Collateral or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof; and Agent, and the Agent or any Lender on behalf of Lenders, may purchase all or any part of the Collateral at public or, sale 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 Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on the Obligors' premises, at the Obligors' expense, pending sale or other disposition of the Collateral. Agent shall have the right to conduct such sales on the BorrowersObligors' premises, at the BorrowersObligors' expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (Action Performance Companies Inc)

Rights and Remedies Generally. Upon acceleration the occurrence of the Obligationsan Event of Default, the Agent, on behalf of the Lenders, Agent shall have, in addition to any other rights and remedies contained in this Security Agreement or in any of the other Financing AgreementsCredit Documents, all of the rights and remedies of a secured party under the Code UCC or other applicable laws, all of which rights and remedies shall be cumulative cumulative, and non-none exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Secured Obligations then owing. Any All sales of the Collateral may be adjourned from time to time with or without notice. The Agent may, in its sole discretion, cause the Collateral to remain on the respective premises of the Grantors, at such Grantors' expense, pending sale or other disposition of the Collateral. Agent shall have the right to conduct such sales on the Borrowers' each Grantor's premises, at the BorrowersGrantors' expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: General Security Agreement (Hutchinson Products Corp)

Rights and Remedies Generally. Upon acceleration In the event of the Obligationsa Default, the Agent, on behalf of the Lenders, Lender shall have, in addition to any other rights and remedies contained in this Agreement 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 cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the Agent shall have the right to sell, lease or otherwise dispose of all or any part of the Collateral and the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent Lender after an Event of Default may be for cash, credit or any combination thereof, and the Agent or any 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 Obligations Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent Lender may, in its sole discretion, cause the Collateral to remain on Borrower's premises, at Borrower's expense, pending sale or other disposition of the Collateral. Lender shall have the right to conduct such sales on the Borrowers' Borrower's premises, at the Borrowers' Borrower's expense, or elsewhere, on such occasion or occasions as the Agent Lender may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Products Corp /De/)

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