LEGAL OR EQUITABLE REMEDIES IN THE EVENT OF A BREACH OR THREATENED
BREACH OF ANY PROVISION OF THIS AGREEMENT.
9.22
ASSIGNMENT OR SYNDICATION BY LENDER.
LENDER MAY,
AT ITS SOLE DISCRETION, ASSIGN IN WHOLE OR IN PART ANY AND ALL OF ITS RIGHTS
AND/OR OBLIGATIONS HEREIN TO ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO ANY
ASSIGNMENT BY LENDER TO AN AFFILIATE OF LENDER OR ANY ASSIGNMENT IN PART OR IN
WHOLE OF ITS RIGHTS HEREIN TO ANOTHER PARTY AS COLLATERAL SECURITY FOR LENDER'S
OBLIGATION(S) TO SUCH OTHER PARTY (A "COLLATERAL ASSIGNMENT").
9.23
SEVERABILITY.
IF ANY PROVISION HEREOF OR OF ANY
OTHER LOAN DOCUMENT IS HELD TO BE ILLEGAL OR UNENFORCEABLE, SUCH PROVISION SHALL
BE FULLY SEVERABLE, AND THE REMAINING PROVISIONS OF THE APPLICABLE AGREEMENT
SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL NOT BE AFFECTED BY SUCH
PROVISION'S SEVERANCE.
FURTHERMORE, IN LIEU OF ANY SUCH PROVISION, THERE SHALL
BE ADDED AUTOMATICALLY AS A PART OF THE APPLICABLE AGREEMENT A LEGAL AND
ENFORCEABLE PROVISION AS SIMILAR IN TERMS TO THE SEVERED PROVISION AS MAY BE
POSSIBLE.
9.24
AUTHORITY.
WITHOUT LIMITING THE POWERS GRANTED
TO LENDER IN SECTION 8.03 HEREOF, IF AN EVENT OF DEFAULT SHALL HAVE OCCURRED AND
BE CONTINUING, THE BORROWERS HEREBY AUTHORIZE LENDER, OR ANY PERSON OR AGENT
WHICH LENDER MAY DESIGNATE, AT THE BORROWERS' COST AND EXPENSE, TO EXERCISE ALL
OF THE FOLLOWING POWERS, WHICH AUTHORITY SHALL BE IRREVOCABLE UNTIL THE
TERMINATION OF THIS AGREEMENT AND THE FULL AND FINAL PAYMENT AND SATISFACTION OF
THE OBLIGATIONS TO: (A) RECEIVE, TAKE, ENDORSE, SIGN, ASSIGN AND DELIVER, ALL IN
THE NAME OF LENDER OR THE BORROWERS (OR ANY OF THEM), ANY AND ALL CHECKS, NOTES,
DRAFTS, AND OTHER DOCUMENTS OR INSTRUMENTS RELATING TO THE COLLATERAL;
(B) RECEIVE, OPEN AND DISPOSE OF ALL MAIL ADDRESSED TO THE BORROWERS (OR ANY OF
THEM), AND TO NOTIFY POSTAL AUTHORITIES TO CHANGE THE ADDRESS FOR DELIVERY
THEREOF TO SUCH ADDRESS AS LENDER MAY DESIGNATE; (C) REQUEST FROM CUSTOMERS
INDEBTED ON ACCOUNTS AT ANY TIME, IN THE NAME OF LENDER, INFORMATION CONCERNING
THE AMOUNTS OWING ON THE ACCOUNTS; (D) REQUEST FROM CUSTOMERS INDEBTED ON
ACCOUNTS AT ANY TIME, IN THE NAME OF THE BORROWERS (OR ANY OF THEM), ANY
CERTIFIED PUBLIC ACCOUNTANT DESIGNATED BY LENDER OR ANY OTHER DESIGNEE OF
LENDER, INFORMATION CONCERNING THE AMOUNTS OWING ON THE ACCOUNTS; (E) TRANSMIT
TO CUSTOMERS INDEBTED ON ACCOUNTS NOTICE OF LENDER'S INTEREST THEREIN AND TO
NOTIFY CUSTOMERS INDEBTED ON ACCOUNTS TO MAKE PAYMENT DIRECTLY TO LENDER FOR THE
BORROWERS' ACCOUNT (SUBJECT TO ALL APPLICABLE LAWS AND REGULATIONS GOVERNING
PAYMENT OF MEDICARE AND MEDICAID RECEIVABLES); AND/OR (F) TAKE OR BRING, IN THE
NAME OF LENDER OR THE BORROWERS (OR ANY OF THEM), ALL STEPS, ACTIONS, SUITS OR
PROCEEDINGS DEEMED BY LENDER NECESSARY OR DESIRABLE TO ENFORCE OR EFFECT
COLLECTION OF THE ACCOUNTS.
9.25
USURY LIMIT.
IN NO EVENT SHALL THE BORROWERS,
UPON DEMAND BY LENDER FOR PAYMENT OF ANY INDEBTEDNESS RELATING HERETO, BY
ACCELERATION OF THE MATURITY THEREOF, OR OTHERWISE, BE OBLIGATED TO PAY INTEREST
AND