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, Mortgagee may at its option, in addition to any other action permitted under this Mortgage or the Credit Agreement or by law, statute or in equity, take one or more of the following actions: 3.2.1 by written notice to Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; 3.2.2 personally, or by its agents or attorneys, (i) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of Mortgagor relating thereto and, exclude Mortgagor, its agents and servants wholly therefrom, (ii) use, operate, manage and control the Premises and the Equipment and conduct the business thereof, (iii) maintain and restore the Premises and the Equipment, (iv) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as Mortgagee may deem advisable, (v) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of Mortgagor with respect thereto either in the name of Mortgagor or otherwise or (vi) collect and receive all earnings, revenues, rents, issues, profits and income of the Mortgaged Property and every part thereof. 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 Mortgagee shall be applied as follows:

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any Event of Default shall have occurred and be continuing, Mortgagee Beneficiary may at its Beneficiary's option, in addition to any other action permitted under this Mortgage Deed to Secure Debt or the Credit Agreement or by law, statute or in equity, take one or more of the following actions: 3.2.1 by written notice to MortgagorGrantor, declare in accordance with and pursuant to the terms of the Credit Agreement the entire unpaid amount of the Secured Obligations to be due and payable immediately; 3.2.2 personally, or by its agents or attorneys, (i) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of Mortgagor Grantor relating thereto and, exclude MortgagorGrantor, its agents and DRAFT: March 21, 1997 H:\WPCDOCS\1186\141461 servants wholly therefrom, (ii) use, operate, manage and control the Premises and the Equipment and conduct the business thereof, (iii) maintain and restore the Premises and the Equipment, (iv) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as Mortgagee Beneficiary may deem advisable, (v) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of Mortgagor Grantor with respect thereto either in the name of Mortgagor Grantor or otherwise or (vi) collect and receive all earnings, revenues, rents, issues, profits and income of the Mortgaged Property and every part thereof. 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 Mortgagee Beneficiary shall be applied as follows:

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any Event of Default shall have occurred and be continuingoccurred, Mortgagee may at its optionmay, in addition to any other action permitted under this Mortgage or the Credit Agreement or by law, statute or in equity, take one or more of the following actions: 3.2.1 by written notice to Mortgagor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; 3.2.2 personally, or by its agents or attorneys, (i) enter into and upon and take possession of all or any part of the Premises together with the books, records Mortgaged Property and accounts of Mortgagor relating thereto and, exclude Mortgagor, its agents and servants wholly therefrom, (ii) use, operate, manage and control the Premises and the Equipment and conduct the business thereof, (iii) maintain and restore the Premises and the EquipmentMortgaged Property, (iv) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as Mortgagee may deem advisable, (v) manage, lease and operate the Premises Mortgaged Property and carry on the business thereof and exercise all rights and powers of Mortgagor with respect thereto either in the name of Mortgagor or otherwise otherwise, or (vi) collect and receive all earnings, revenues, rents, issues, profits and income of the Mortgaged Property and every part thereof. ; 3.2.3 with or without entry, personally or by its agents or attorneys, (i) sell the Mortgaged Property and all estate, right, title and interest, claim and demand therein at one or more sales as an entity or in parcels, and at such time and place upon such terms and after such notice thereof as may be required or permitted by law, or (ii) institute and prosecute proceedings for the complete or partial foreclosure of the Lien of this Mortgage; or 3.2.4 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 Credit Agreement, the Guaranty, 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 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 Mortgagee shall be applied as follows:elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any an Event of Default (as defined in the Indenture) shall have occurred and be continuing, Mortgagee may at its optionmay, but shall not be obligated to, in addition to any other action permitted under this Mortgage or by law (and not limited in any manner by the Credit Agreement or by law, statute or remedies contained in equitythe Notes and the Indenture), take one or more of the following actions, to the greatest extent permitted by applicable local law: 3.2.1 3.1.1 by written notice to Mortgagor, declare the entire unpaid principal amount of the Secured Obligations to be due and payable immediately; 3.2.2 3.1.2 personally, or by its agents or attorneys, (i) enter into and upon and take possession of all or any part of the Premises together with the books, records Mortgaged Property and accounts of Mortgagor relating thereto and, exclude Mortgagor, its agents and servants wholly therefrom, (ii) use, operate, manage and control the Premises Premises, the Real Estate Fixtures and the Equipment and conduct the business thereof, (iii) maintain and restore the Premises and the EquipmentMortgaged Property, (iv) make all reasonably necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as Mortgagee may deem advisable, (v) manage, lease and operate the Premises Mortgaged Property and carry on the business thereof and exercise all rights and powers of Mortgagor with respect thereto either in the name of Mortgagor or otherwise otherwise, or (vi) collect and receive all earnings, revenues, rents, issues, profits and income of the Mortgaged Property and any or every part thereof. ; 3.1.3 with or without entry, personally or by its agents or attorneys, (i) 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 3.2 or (ii) institute and prosecute proceedings for the complete or partial foreclosure of the Lien and security interests created and evidenced hereby; or 3.1.4 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 any other document evidencing or securing the Secured Obligations 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 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 Mortgagee shall be applied as follows:elect.

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any Event of Default shall have occurred and be continuing, Mortgagee Beneficiary may at its option, in addition to any other action permitted under this Mortgage Deed of Trust or the Credit Agreement or by law, statute or in equity, take one or more of the following actions: 3.2.1 by written notice to MortgagorGrantor, declare the entire unpaid amount of the Secured Obligations to be due and payable immediately; 3.2.2 personally, or by its agents or attorneys, (i) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of Mortgagor Grantor relating thereto and, exclude MortgagorGrantor, its agents and servants wholly therefrom, (ii) use, operate, manage and control the Premises and the Equipment and conduct the business thereof, (iii) maintain and restore the Premises and the Equipment, (iv) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as Mortgagee Beneficiary may deem advisable, (v) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of Mortgagor Grantor with respect thereto either in the name of Mortgagor or otherwise or (vi) collect and receive all earnings, revenues, rents, issues, profits and income of the Mortgaged Property and every part thereof. 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 Mortgagee Beneficiary shall be applied as follows:

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any Event --------------------------------------- of Default shall have occurred and be continuing, Mortgagee Beneficiary may at its Beneficiary's option, in addition to any other action permitted under this Mortgage Deed to Secure Debt or the Credit Agreement or by law, statute or in equity, take one or more of the following actions: 3.2.1 by written notice to MortgagorGrantor, declare in accordance with and pursuant to the terms of the Credit Agreement the entire unpaid amount of the Secured Obligations to be due and payable immediately; 3.2.2 personally, or by its agents or attorneys, (i) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of Mortgagor Grantor relating thereto and, exclude MortgagorGrantor, its agents and servants wholly therefrom, (ii) use, operate, manage and control the Premises and the Equipment and conduct the business thereof, (iii) maintain and restore the Premises and the Equipment, (iv) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as Mortgagee Beneficiary may deem advisable, (v) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of Mortgagor Grantor with respect thereto either in the name of Mortgagor Grantor or otherwise or (vi) collect and receive all earnings, revenues, rents, issues, profits and income of the Mortgaged Property and every part thereof. 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 Mortgagee Beneficiary shall be applied as follows:

REMEDIES IN CASE OF AN EVENT OF DEFAULT. If any Event of Default shall have occurred and be continuing, Mortgagee Beneficiary may at its Beneficiary's option, in addition to any other action permitted under this Mortgage Deed to Secure Debt or the Credit Agreement or by law, statute or in equity, take one or more of the following actions: 3.2.1 by written notice to MortgagorGrantor, declare in accordance with and pursuant to the terms of the Credit Agreement the entire unpaid amount of the Secured Obligations to be due and payable immediately; 3.2.2 personally, or by its agents or attorneys, (i) enter into and upon and take possession of all or any part of the Premises together with the books, records and accounts of Mortgagor Grantor relating thereto and, exclude MortgagorGrantor, its agents and servants wholly therefrom, (ii) use, operate, manage and control the Premises and the Equipment and conduct the business thereof, (iii) maintain and restore the Premises and the Equipment, (iv) make all necessary or proper repairs, renewals and replacements and such useful Alterations thereto and thereon as Mortgagee Beneficiary may deem advisable, (v) manage, lease and operate the Premises and carry on the business thereof and exercise all rights and powers of Mortgagor Grantor with respect thereto either in the name of Mortgagor Grantor or otherwise or (vi) collect and receive all earnings, revenues, rents, issues, profits and income of the Mortgaged Property and every part thereof. 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 Mortgagee Beneficiary shall be applied as follows: