OR THING
WHICH THE BORROWER IS, OR MAY BECOME, OBLIGED TO SIGN, EXECUTE OR DO PURSUANT TO
THIS AGREEMENT AND WHERE BORROWER HAS FAILED TO EXECUTE SUCH DOCUMENT OR DO SUCH
ACT OR THING OR WHICH LENDER, THE RECEIVER OR ANY PERSON DERIVING TITLE FROM
LENDER OR THE RECEIVER MAY IN THE REASONABLE DISCRETION OF SUCH PERSON THINK FIT
IN CONNECTION WITH THE EXERCISE OF ANY OF THE POWERS OF SUCH PERSON OR THE
REALISATION OF ANY SECURITY CONSTITUTED BY THIS AGREEMENT.
11.2
WITHOUT PREJUDICE TO THE GENERALITY OF THE
FOREGOING, THE BORROWER UNCONDITIONALLY UNDERTAKES TO LENDER, AND SEPARATELY TO
THE RECEIVER AND TO EACH PERSON DERIVING TITLE FROM LENDER OR THE RECEIVER, THAT
IT SHALL RATIFY AND CONFIRM ANYTHING DONE OR PURPORTED TO BE DONE BY ANY
ATTORNEY APPOINTED PURSUANT TO THIS CLAUSE.
12.
BORROWER'S OBLIGATION TO PAY EXPENSES OF
LENDER.
BORROWER SHALL PAY TO LENDER ON DEMAND ANY AND ALL REASONABLE COUNSEL
FEES AND OTHER EXPENSES INCURRED BY THE LENDER IN CONNECTION WITH THE
INTERPRETATION OF THIS AGREEMENT, DOCUMENTS RELATING THERETO OR MODIFICATIONS
THEREOF, AND ANY AND ALL EXPENSES (INCLUDING, BUT NOT LIMITED TO, A COLLECTION
CHARGE ON ALL ACCOUNTS COLLECTED, ALL ATTORNEY'S FEES AND EXPENSES, AND ALL
OTHER EXPENSES OF LIKE OR UNLIKE NATURE) THAT MAY BE INCURRED OR PAID BY THE
LENDER TO OBTAIN OR ENFORCE PAYMENT OF ANY ACCOUNT AGAINST THE ACCOUNT DEBTOR,
BORROWER OR ANY GUARANTOR OR SURETY OF BORROWER, OR IN THE PROSECUTION OR
DEFENSE OF ANY ACTION OR CONCERNING ANY MATTER GROWING OUT OF OR CONNECTED WITH
THE SUBJECT MATTER OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, EXPENSES
INCURRED IN PURSUING REMEDIES UNDER SECTION 8 OF THIS AGREEMENT, THE SECURED
LIABILITIES, THE COLLATERAL OR ANY OF LENDER'S RIGHTS OR INTERESTS THEREIN OR
THERETO, INCLUDING (WITHOUT LIMITING THE GENERALITY OF THE FOREGOING) ANY
COUNSEL FEES OR EXPENSES INCURRED IN ANY BANKRUPTCY OR INSOLVENCY PROCEEDINGS.
ALL SUCH EXPENSES MAY BE ADDED TO THE PRINCIPAL AMOUNT OF ANY INDEBTEDNESS OWED
BY BORROWER TO LENDER AND SHALL CONSTITUTE PART OF THE SECURED LIABILITIES
SECURED HEREBY.
18
13.
NOTICES.
ANY NOTICE REQUIRED OR PERMITTED
BY THIS AGREEMENT SHALL BE IN WRITING AND SHALL BE DEEMED SUFFICIENT UPON
RECEIPT, WHEN DELIVERED PERSONALLY OR BY COURIER, OVERNIGHT DELIVERY SERVICE OR
CONFIRMED FACSIMILE, IF SUCH NOTICE IS ADDRESSES TO THE PARTY TO BE NOTIFIED AT
SUCH PARTY'S ADDRESS OR FACSIMILE NUMBER AS SET FORTH ON THE SIGNATURE PAGE
HERETO OR AS SUBSEQUENTLY MODIFIED BY WRITTEN NOTICE.
14.
WAIVERS.
BORROWER WAIVES DEMAND,
PRESENTMENT, PROTEST, AND NOTICE OF PROTEST NOTICE OF NONPAYMENT AND ALL OTHER
NOTICES.
NO DELAY OR OMISSION BY LENDER IN EXERCISING ANY RIGHTS SHALL OPERATE
AS A WAIVER OF SUCH RIGHT OR ANY OTHER RIGHT.
WAIVER ON ANY ONE OCCASION SHALL
NOT BE CONSTRUED AS A BAR TO OR WAIVER OF ANY RIGHT OR REMEDY ON ANY FUTURE
OCCASION.
ALL LENDER'S RIGHTS AND REMEDIES, WHETHER EVIDENCED HEREBY OR BY ANY
OTHER AGREEMENT, INSTRUMENT OR PAPER, SHALL BE CUMULATIVE AND MAY BE EXERCISED
SINGULARLY OR CONCURRENTLY.
15.
TERMINATION.
THIS AGREEMENT