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Agenda - Council - 08/12/2008
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Agenda - Council - 08/12/2008
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/12/2008
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e. Debtor (i) becomes the subject of a proceeding under any bankruptcy or <br />insolvency law, (ii) has a receiver or liquidator appointed for any part of Debtor's business. or <br />assets, (iii) makes an assignment. for the benefit of creditors, (iv) has any adverse change in <br />financial condition or business operations that Secured Party believes may materially affect <br />Debtor's ability to perform its obligations under this Security Agreement, or (v) becomes the <br />subject of a civil or criminal action that Secured Party believes may materially affect Debtor's <br />ability to perform its obligations under this Security Agreement. <br />f. Debtor fails to comply with, or becomes subject to, any administrative or judicial <br />proceeding under any federal, state or local (i) hazardous waste or environmental law, (ii) asset <br />forfeiture or similar law which can result in the forfeiture of property, or (iii) other law, where <br />noncompliance may have a significant effect on the Collateral. <br />g. Secured Party receives a search report indicating that the Security Interest is not <br />in the lien position required by Secured Party. <br />h. Debtor fails to do anything else required by, or does anything prohibited by, this <br />Security Agreement; <br />Upon a default, Secured Party may, in its sole discretion, cure the default and any expenditures made for <br />such purpose shall be added to the principal amount of the Note. . <br />11. Rights and Remedies Upon Default. After default, Secured Party shall have all the <br />rights, including remedies, of a secured party under the Uniform Commercial Code, as the same may be <br />amended from time to time. In addition, Secured Party may pursue any right or remedy available at law <br />or in equity or otherwise to collect, enforce or satisfy any of the Obligations, including, but not limited <br />to: <br />a. Declaring all Obligations immediately due and payable, and requiring immediate <br />payment of all amounts owing under the Note, including any. prepayment premium which <br />Borrower and Co-Borrower would be required to pay. <br />b. Reducing a claim to judgment, foreclosing, or otherwise enforcing the claim or <br />Security Interest by any available judicial procedure, including any ancillary remedies such as <br />attachment, levy and garnishment, and if the Collateral is documents, proceeding either as to the <br />documents or as to the goods they cover. <br />c. Taking possession of any Collateral not already in Secured Party's possession, <br />without demand and without legal process. Debtor grants to Secured Party the right, for this <br />purpose, to enter into or on any premises where Collateral may be located and to remove the <br />Collateral. If the Collateral contains any accessions not covered by this Security Agreement at <br />the time of possession, Debtor agrees Secured Party may take such accessions, provided that <br />Secured Party makes reasonable efforts to return them to Debtor after possession. Upon Secured <br />Party's demand, Debtor will assemble the Collateral and make it available to Secured Party at a <br />place to be designated by Secured Party which is reasonably convenient to both parties, and <br />Debtor will deliver to Secured Party. any and all certificates of title and other documents relating <br />to the Collateral. <br />Page 6 <br />-95- <br />
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