Additional Rights of Secured Party Clause Samples

Additional Rights of Secured Party. The Company shall execute and deliver to Secured Party concurrently with the Company’s execution and delivery of this Agreement and at any time thereafter at the reasonable request of Secured Party, all financing statements, continuation financing statements, fixture filings, security agreements, mortgages, pledges, assignments, endorsements of certificates of title, applications for title, affidavits, reports, notices, schedules of accounts, letters of authority, and all other documents that Secured Party may reasonably request, in form reasonably satisfactory to Secured Party, to perfect and maintain perfected Secured Party’s continuing security interests in the Collateral and in order to fully consummate all of the transactions contemplated under the Offering Documents, the Company hereby authorizes Secured Party to file and/or record such financing statements and other documents as Secured Party deems reasonably necessary to perfect and maintain Secured Party’s continuing security interest in the Collateral, including, but not limited to, any and all filings recognized by the United States Patent and Trademark Office for the purposes of perfecting a security interest in any Collateral that is considered intellectual property of the Company. The Company agree any such financing statements may contain an “all asset” or “all property” description of the Collateral.

Additional Rights of Secured Party. In addition to its rights and privileges under this Agreement, the Administrative Agent, on behalf of the Secured Parties, shall have all the rights, powers and privileges of a secured party under the Uniform Commercial Code as in effect in any applicable jurisdiction and other Applicable Law.

Additional Rights of Secured Party. Secured Party shall have all the rights of a secured party after default under the Uniform Commercial Code of Texas and in conjunction with, in addition to or in substitution for those rights and remedies: (a) it shall not be necessary that the Collateral or any part thereof be present at the location of any sale pursuant to the provisions of this Section; (b) before application of proceeds of disposition of the Collateral to the Obligations, such proceeds shall be applied to the reasonable expenses of retaking, holding, preparing for sale or lease, selling, leasing and the like and the reasonable attorneys' fees and legal expenses incurred by Secured Party, each Debtor, to the extent applicable, to remain liable for any deficiency; (c) the sale by Secured Party of less than the whole of the Collateral shall not exhaust the rights of Secured Party hereunder, and Secured Party is specifically empowered to make successive sale or sales hereunder until the whole of the Collateral shall be sold; and, if the proceeds of such sale of less than the whole of the Collateral shall be less than the aggregate of the Obligations, this Agreement and the Security Interest created hereby shall remain in full force and effect as to the unsold portion of the Collateral just as though no sale had been made; (d) in the event any sale hereunder is not completed or is defective in the opinion of Secured Party, such sale shall not exhaust the rights of Secured Party hereunder and Secured Party shall have the right to cause a subsequent sale or sales to be made hereunder; (e) any and all statements of fact or other recitals made in any bill ▇▇ sale or assignment or other instrument evidencing any foreclosure sale hereunder as to nonpayment of any indebtedness or as to the occurrence of any default, or as to Secured Party having declared all of such indebtedness to be due and payable, or as to notice of time, place and terms of sale and the Collateral to be sold having been duly given, as to any other act or thing having been duly done by Secured Party, shall be taken as prima facie evidence of the truth of the facts so stated and recited; (f) Secured Party may appoint or delegate any one or more persons as agent to perform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and the conduct of sale, but in the name and on behalf of Secured Party; and (g) demand of performance, advertisement and presence of property at sale are ...

Additional Rights of Secured Party. Secured Party, in its discretion, and without notice to Debtor, may take any one or more of the following actions without liability except to account for property actually received by it: (a) after the occurrence of an Event of Default, unless such Event of Default has been waived in writing by Secured Party, renew, extend, or otherwise change the terms and conditions of any of the Collateral; (b) take or release any other collateral as security for any of the Collateral or the Secured Obligations; and (c) add or release any guarantor, endorser, surety or other party to any of the Collateral or Secured Obligations.

Additional Rights of Secured Party. In addition to its rights and privileges under this Agreement or any other Loan Document, the Agent shall have all the rights, powers and privileges of a secured party under the Uniform Commercial Code as in effect in any applicable jurisdiction.

Additional Rights of Secured Party. In addition to any other rights provided under the Contribution Agreement, the Secured Party shall have the following rights set forth in this Section with respect to the Collateral: (a) Prior to the full payment and performance of all of Debtor's obligations under this Agreement, Secured Party shall be entitled to receive as additional Collateral any and all cash, additional shares of stock or any other property of any kind payable to Debtor or distributable on or by reason of the Pledged Securities, whether in the form of or by way of dividends, warrants, partial or complete liquidation, conversion, prepayments or redemption's (in whole or in part), or otherwise. If any of the foregoing property shall come into the possession or control of Debtor, Debtor shall hold or control that property in trust for the benefit of Secured Party and forthwith transfer and deliver the same to Secured Party subject to the provisions hereof. (b) Debtor recognizes that Secured Party may be unable to effect a sale to the public of all or part of the Pledged Securities by reason of certain prohibitions or restrictions in federal or state securities laws and regulation (herein collectively referred to as "Securities Laws"), or the provisions of other federal and state laws, regulations or rulings, but may be compelled to resort to one or more sales to restricted group of purchasers who will be required to agree to acquire the Pledged Securities for their own account, for investment and not with a view to the further distribution or resale thereof without restriction. Debtor agrees that any sale(s) so made may be at prices and on other terms less favorable to Debtor than if the Pledged Securities were sole to the public, and that Debtor has no obligation to delay the sale of the Pledged Securities for period(s) of time necessary to permit the issuer thereof to register the Pledged Securities for sale to the public under any of the Securities laws. Debtor agrees that negotiated sales whether for cash or credit made under the foregoing circumstances shall not be deemed for that reason not to have been made in a commercially reasonable manner. Debtor shall cooperate with Secured Party and shall satisfy any requirements under the Securities laws applicable to the sale or transfer of the Pledged Securities by Secured Party.

Additional Rights of Secured Party. Without limiting any other provision of this Agreement, Secured Party is expressly granted the following rights upon the occurrence and continuance of an Event of Default: (a) to receive Pledgor's share of all distributions and/or distributions in kind following dissolution of Third Ave and to hold the same in trust for the benefit of such Pledgor as part of the Collateral and (b) to exercise voting rights as to any of the Collateral. All of the foregoing may be exercised by Secured Party without liability, except to account for property actually received by it.

Additional Rights of Secured Party. In addition to its rights and ---------------------------------- privileges under this Agreement, the Collateral Agent, the Administrative Agent, the Issuing Bank and each of the Lenders shall have all the rights, powers and privileges of a secured party under the Uniform Commercial Code as in effect in any applicable jurisdiction.

Additional Rights of Secured Party. In addition to its rights and privileges under this Agreement, the Secured Party shall have all the rights, powers and privileges of a secured party under the Uniform Commercial Code as in effect in the State of Colorado, and such other rights or remedies which it may have at law or in equity.