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

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Indenture or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local law: (i) by written notice to the Issuer and the Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor relating thereto and, exclude the Mortgagor, its agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as the Mortgagee may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ with respect thereto either in the name of the Mortgagor or otherwise or (F) collect and receive all Rents. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that any amounts so received by the Mortgagee shall be applied in accordance with the provisions of the Indenture; (iii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes and the Collateral Documents, or in aid of the execution of any power granted in this Mortgage, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Indenture other Notes Documents or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local applicable law: (i) by written notice to the Issuer Mortgagor, and subject to the Mortgagorrequirements of the Indenture, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor relating thereto and, exclude the Mortgagor, its agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as the Mortgagee may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Mortgagor with respect thereto either in the name of the Mortgagor or otherwise or (F) collect and receive all Rents. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that for any amounts so received by the Mortgagee shall be applied in accordance with the provisions liability arising solely out of the Indentureits gross negligence or willful misconduct; (iii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and any or all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 9.3 or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes this Mortgage and the Collateral other Notes Documents, or in aid of the execution of any power granted in this Mortgage, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Indenture Credit Agreement or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local law: (i) by written notice to the Issuer and the Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor or Agency relating thereto and, exclude the MortgagorMortgagor or Agency, its respective agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations alterations thereto and thereon as the Mortgagee may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Mortgagor with respect thereto either in the name of the Mortgagor or otherwise or (F) collect and receive all Rents. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that any amounts so received by the Mortgagee shall be applied in accordance with the provisions of Section 8.03 of the Indenture;Credit Agreement. (iiiii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 8.2 below or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iviii) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes Credit Agreement and the Collateral other Loan Documents, or in aid of the execution of any power granted in this Mortgage, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee Beneficiary may at its option, in addition to any other action permitted under this Mortgage Deed of Trust or the Indenture other Notes Documents or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local applicable law: (i) by written notice to the Issuer Trustor, and subject to the Mortgagorrequirements of the Indenture, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor Trustor relating thereto and, exclude the MortgagorTrustor, its agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as the Mortgagee Beneficiary may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Trustor with respect thereto either in the name of the Mortgagor Trustor or otherwise or (F) collect and receive all Rents. The Mortgagee Beneficiary shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that for any amounts so received by the Mortgagee shall be applied in accordance with the provisions liability arising solely out of the Indentureits gross negligence or willful misconduct; (iii) with or without entry, personally or by its agents or attorneysattorneys or through the Mortgaged Property Trustee, (A) sell the Mortgaged Property and any or all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 9.3 or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien lien and security interests created and evidenced hereby; or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes this Deed of Trust and the Collateral other Notes Documents, or in aid of the execution of any power granted in this MortgageDeed of Trust, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee Beneficiary shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Indenture Credit Agreement or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local law: (i) by written notice to the Issuer and the Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor relating thereto and, exclude the Mortgagor, its agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as the Mortgagee may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Mortgagor with respect thereto either in the name of the Mortgagor or otherwise or (F) collect and receive all Rents. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that any amounts so received by the Mortgagee shall be applied in accordance with the provisions of Section 8.03 of the Indenture;Credit Agreement. (iii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 10.3 or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes Credit Agreement and the Collateral other Loan Documents, or in aid of the execution of any power granted in this Mortgage, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Indenture Credit Agreement or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local law: (i) by written notice to the Issuer and the Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor relating thereto and, exclude the Mortgagor, its agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as the Mortgagee may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Mortgagor with respect thereto either in the name of the Mortgagor or otherwise or (F) collect and receive all Rents. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that any amounts so received by the Mortgagee shall be applied in accordance with the provisions of Section 9.03 of the Indenture;Credit Agreement. (iii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 10.3 or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes Credit Agreement and the Collateral other Loan Documents, or in aid of the execution of any power granted in this Mortgage, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Indenture or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local law: (i) by written notice to the Issuer and the Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor relating thereto and, exclude the Mortgagor, its agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as the Mortgagee may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Mortgagor with respect thereto either in the name of the Mortgagor or otherwise to the extent permitted by applicable law or (F) collect and receive all Rents. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that any amounts so received by the Mortgagee shall be applied in accordance with the provisions of the Indenture; (iii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes and the Collateral Security Documents, or in aid of the execution of any power granted in this Mortgage, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Indenture Credit Agreement or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local law: (i) by written notice to the Issuer and the Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor relating thereto and, exclude the Mortgagor, its agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations alterations thereto and thereon as the Mortgagee may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Mortgagor with respect thereto either in the name of the Mortgagor or otherwise or (F) collect and receive all Rents. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that any amounts so received by the Mortgagee shall be applied in accordance with the provisions of Section 8.03 of the Indenture;Credit Agreement. (iiiii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 8.2 below or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iviii) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes Credit Agreement and the Collateral other Loan Documents, or in aid of the execution of any power granted in this Mortgage, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee Beneficiary or the Trustee may at its the Beneficiary’s option, in addition to any other action permitted under this Mortgage Deed of Trust or the Indenture or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local law: (i) by written notice to the Issuer and the MortgagorGrantor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) give notice of such Event of Default to the Lessor under the Mortgaged Lease, (B) to the extent permitted by the Mortgaged Lease, act in all respects as lessee under the Mortgaged Lease and perform on behalf of and for the account of the Grantor any of the obligations of lessee thereunder, (C) enter into and upon and take possession of all or any part of the Leased Premises together with the books, records and accounts of the Mortgagor Grantor relating thereto and, exclude the MortgagorGrantor, its agents and servants wholly therefrom, (BD) use, operate, manage and control the Leased Premises and conduct the business thereof, (CE) maintain and restore the Leased Premises, (DF) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as the Mortgagee Beneficiary may deem advisable, (EG) manage, lease and operate the Leased Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Grantor with respect thereto either in the name of the Mortgagor Grantor or otherwise or (FH) collect and receive all Rents. The Mortgagee Beneficiary shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that any amounts so received by the Mortgagee Beneficiary shall be applied in accordance with the provisions of the Indenture; (iii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes and the Collateral Documents, or in aid of the execution of any power granted in this MortgageDeed of Trust, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee Beneficiary shall elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any Event --------------------------------------- Event of Default shall have occurred and be continuing, the Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Indenture Credit Agreement or by law, statute or in equity, take one or more of the following actions to the greatest extent permitted by local law: (i) by written notice to the Issuer and the Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; (ii) personally, or by its agents or attorneys, (A) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of the Mortgagor relating thereto and, exclude the Mortgagor, its agents and servants wholly therefrom, (B) use, operate, manage and control the Premises and conduct the business thereof, (C) maintain and restore the Premises, (D) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as the Mortgagee may deem advisable, (E) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of the ▇▇▇▇ ▇▇▇▇▇ Mortgagor with respect thereto either in the name of the Mortgagor or otherwise or (F) collect and receive all Rents. The Mortgagee shall be under no liability for or by reason of any such taking of possession, entry, removal or holding, operation or management except that any amounts so received by the Mortgagee shall be applied in accordance with the provisions of the Indenture; (iii) with or without entry, personally or by its agents or attorneys, (A) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales in one or more parcels, in accordance with the provisions of Section 11.3 or (B) ------------ institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or (iv) take such steps to protect and enforce its rights whether by action, suit or proceeding at law or in equity for the specific performance of any covenant, condition or agreement in the Indenture, the Notes and the Collateral Documents, or in aid of the execution of any power granted in this Mortgage, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or equitable remedy or otherwise as the Mortgagee shall elect.follows: