EXCEPT IN RESPECT OF DAMAGES ATTRIBUTABLE TO THEIR OWN
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AS FINALLY DETERMINED BY A COURT OF
COMPETENT JURISDICTION, NOR FOR ANY PUNITIVE, EXEMPLARY, INDIRECT OR
CONSEQUENTIAL DAMAGES.
12
8.
REMEDIES; RIGHTS UPON DEFAULT.
(A)
IN ADDITION TO ALL OTHER RIGHTS AND REMEDIES GRANTED UNDER THIS
SECURITY AGREEMENT, THE CREDIT AGREEMENT, THE OTHER LOAN DOCUMENTS AND UNDER ANY
OTHER INSTRUMENT OR AGREEMENT SECURING, EVIDENCING OR RELATING TO ANY OF THE
OBLIGATIONS, IF ANY EVENT OF DEFAULT SHALL HAVE OCCURRED AND BE CONTINUING,
AGENT MAY EXERCISE ALL RIGHTS AND REMEDIES OF A SECURED PARTY UNDER THE UCC.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH GRANTOR EXPRESSLY AGREES
THAT IN ANY SUCH EVENT AGENT, WITHOUT DEMAND OF PERFORMANCE OR OTHER DEMAND,
ADVERTISEMENT OR NOTICE OF ANY KIND (EXCEPT THE NOTICE SPECIFIED BELOW OF TIME
AND PLACE OF PUBLIC OR PRIVATE SALE) TO OR UPON SUCH GRANTOR OR ANY OTHER PERSON
(ALL AND EACH OF WHICH DEMANDS, ADVERTISEMENTS AND NOTICES ARE HEREBY EXPRESSLY
WAIVED TO THE MAXIMUM EXTENT PERMITTED BY THE UCC AND OTHER APPLICABLE LAW), MAY
FORTHWITH (PERSONALLY OR THROUGH ITS AGENTS OR ATTORNEYS) ENTER UPON THE
PREMISES WHERE ANY COLLATERAL IS LOCATED, WITHOUT ANY OBLIGATION TO PAY RENT,
THROUGH SELF-HELP, WITHOUT JUDICIAL PROCESS, WITHOUT FIRST OBTAINING A FINAL
JUDGMENT OR GIVING SUCH GRANTOR OR ANY OTHER PERSON NOTICE AND OPPORTUNITY FOR A
HEARING ON AGENT'S CLAIM OR ACTION AND MAY TAKE POSSESSION OF, COLLECT, RECEIVE,
ASSEMBLE, PROCESS, APPROPRIATE, REMOVE AND REALIZE UPON THE COLLATERAL, OR ANY
PART THEREOF, AND MAY FORTHWITH SELL, LEASE, LICENSE, ASSIGN, GIVE AN OPTION OR
OPTIONS TO PURCHASE, OR OTHERWISE DISPOSE OF AND DELIVER SAID COLLATERAL (OR
CONTRACT TO DO SO), OR ANY PART THEREOF, IN ONE OR MORE PARCELS AT A PUBLIC OR
PRIVATE SALE OR SALES, AT ANY EXCHANGE AT SUCH PRICES AS IT MAY DEEM ACCEPTABLE,
FOR CASH OR ON CREDIT OR FOR FUTURE DELIVERY WITHOUT ASSUMPTION OF ANY CREDIT
RISK.
TO FACILITATE THE FOREGOING, AGENT SHALL HAVE THE RIGHT TO TAKE
POSSESSION OF EACH GRANTOR'S ORIGINAL BOOKS AND RECORDS, TO OBTAIN ACCESS TO
EACH GRANTOR'S DATA PROCESSING EQUIPMENT, COMPUTER HARDWARE AND SOFTWARE AND TO
USE ALL OF THE FOREGOING AND THE INFORMATION CONTAINED THEREIN IN ANY MANNER
WHICH AGENT DEEMS APPROPRIATE.
AGENT OR ANY LENDER SHALL HAVE THE RIGHT UPON
ANY SUCH PUBLIC SALE OR SALES AND, TO THE EXTENT PERMITTED BY LAW, UPON ANY SUCH
PRIVATE SALE OR SALES, TO PURCHASE FOR THE BENEFIT OF AGENT AND LENDERS, THE
WHOLE OR ANY PART OF SAID COLLATERAL SO SOLD, FREE OF ANY RIGHT OR EQUITY OF
REDEMPTION, WHICH EQUITY OF REDEMPTION EACH GRANTOR HEREBY RELEASES.
SUCH SALES
MAY BE ADJOURNED AND CONTINUED FROM TIME TO TIME WITH OR WITHOUT NOTICE.
AGENT
SHALL HAVE THE RIGHT TO CONDUCT SUCH SALES ON EACH GRANTOR'S PREMISES OR
ELSEWHERE AND SHALL HAVE THE RIGHT TO USE SUCH GRANTOR'S PREMISES WITHOUT CHARGE
FOR SUCH TIME OR TIMES AS AGENT DEEMS NECESSARY OR ADVISABLE.
If any Event of Default shall have occurred and