Common use of Rights and Remedies Generally Clause in Contracts

Rights and Remedies Generally. In the event of a Default, 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 and other applicable laws. All of the rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by Agent after Default may be for cash, credit or any combination thereof, and 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 Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. Agent may, in its sole discretion, cause the Collateral to remain on premises of a Borrower, at such Borrower's expense, pending sale or other disposition of the Collateral. Agent shall have the right to conduct such sales on such premises, at such Borrower's expense, or elsewhere, on such occasion or occasions as Agent may see fit.

Appears in 3 contracts

Samples: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp)

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Rights and Remedies Generally. In Upon the event occurrence of a Default, Agent 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 and or other applicable laws. All , all of the which rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after Default may be for cash, credit or any combination thereof, and Agent or any Lender the Agent, on behalf of the Lenders, 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 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 premises of a the Borrower's premises, at such the Borrower's expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on such the Borrower's premises, at such the 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 (Amcraft Building Products Co Inc), Loan and Security Agreement (American Builders & Contractors Supply Co Inc)

Rights and Remedies Generally. In If an Event of Default occurs and is continuing, the event of a Default, Agent and the Collateral Agent 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 and or other applicable laws. All , all of the which rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative, and non-none exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Collateral Agent or the Agent after the occurrence of an Event of Default may be for cash, credit or any combination thereof, and the Collateral Agent or any Lender the 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-set off the amount of such purchase price against the Liabilities Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. The Agent or the Collateral Agent, may, in its sole discretion, cause the Collateral to remain on the premises of a any Borrower, at such Borrower's expensethe expense of the Borrowers, pending sale or other disposition of the Collateral. The Agent or the Collateral Agent shall have the right to conduct such sales on such premisesthe premises of any Borrower, at such Borrower's expensethe expense of the Borrowers, or elsewhere, on such occasion or occasions as Agent it may see fit.

Appears in 2 contracts

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

Rights and Remedies Generally. In Upon the event occurrence of a Default, Agent ---------------------------- 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 and or other applicable laws. All , all of the which rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Agent after Default may be for cash, credit or any combination thereof, and Agent or any Lender the Agent, on behalf of the Lenders, 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 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 premises of a the Borrower's premises, at such the Borrower's expense, pending sale or other disposition of the Collateral. The Agent shall have the right to conduct such sales on such the Borrower's premises, at such the Borrower's expense, or elsewhere, on such occasion or occasions as the Agent may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (American Builders & Contractors Supply Co Inc)

Rights and Remedies Generally. In the event of a Default, Agent 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 and or other applicable laws. All of the rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by Agent Lender after Default may be for cash, credit or any combination thereof, and 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 Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. Agent Lender may, in its sole discretion, cause the Collateral to remain on premises of a Borrower, at such Borrower's expense, pending sale or other disposition of the Collateral. Agent Lender shall have the right to conduct such sales on such premises, at such Borrower's expense, or elsewhere, on such occasion or occasions as Agent Lender may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Digital Technologies Corp)

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Rights and Remedies Generally. In the event If an Event of a DefaultDefault occurs and is continuing, Agent 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 Uniform Commercial Code and as in effect in all jurisdictions where the Collateral is located or other applicable laws. All , all of the which rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative, and non-none exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by Agent Lender after the occurrence of an Event of Default may be for cash, credit or any combination thereof, and 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 Liabilities Obligations then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. Agent Lender may, in its sole discretion, cause the Collateral to remain on premises of a the Borrower's premises, at such the Borrower's expense, pending sale or other disposition of the Collateral. Agent Lender shall have the right to conduct such sales on such the Borrower's premises, at such the Borrower's expense, or elsewhere, on such occasion or occasions as Agent Lender may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (American Communications Services Inc)

Rights and Remedies Generally. In the event of a Default, 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 and or other applicable laws. All of the rights and remedies of Agent and each Lender, whether under this Agreement, the other Financing Agreements, the Code or other applicable laws or otherwise, shall be cumulative, and non-exclusive, to the extent permitted by law. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by Agent after Default may be for cash, credit or any combination thereof, and 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 Liabilities then owing. Any sales of the Collateral may be adjourned from time to time with or without notice. Agent may, in its sole discretion, cause the Collateral to remain on the premises of a Borrower, at such Borrower's expense, pending sale or other disposition of the Collateral. Agent shall have the right to conduct such sales on such premises, at such Borrower's expense, or elsewhere, on such occasion or occasions as Agent may see fit.

Appears in 1 contract

Samples: Loan and Security Agreement (Webco Industries Inc)

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