Orange County NC Website
z~ <br />(i) declare the entire unpaid principal amount of the Loan and the accrued <br />interest thereon to be immediately due and payable; <br />(ii) incur and pay such reasonable expenses for the Company's account as may <br />be necessary to cure the cause of any default; <br />(iii) seek the appointment of a receiver for the Company for the administration <br />of the Loan Program and the collection and disbursement of Net Cash Proceeds; or <br />(iv) proceed to protect and enforce their rights under the Notes and this <br />Agreement by a suit, action or special proceeding at law or in equity, either for the <br />specific performance of any covenant or agreement or execution of any power or for the <br />enforcement of any proper legal or equitable remedy as may be deemed. most effectual to <br />protect and enforce such rights. <br />In addition, during the continuation of an Event of Default, (l) no Bank shall have <br />any obligation to make any further Advances, and (2) any Bank may, at its option, direct <br />the Company to deposit all Net Cash Proceeds as received by the Company in a <br />designated special trust account held by a bank. or financial institution (which may be an <br />affiliate of any Bank) for the account of the Company, the equal benefit of all the Banks <br />and application as provided in this Agreement. Any such obligation so to deposit Net <br />Cash Proceeds shall terminate once there are no longer any continuing events or <br />conditions described in (a), (b) or (c) above. <br />6.z. c el All remedies under this <br />Agreement are cumulative and maybe exercised concurrently or separately. The exercise <br />of any one remedy shall not be deemed an election of such remedy or preclude the <br />exercise of any other remedy. If any Event of Default shall occur aad thereafter be <br />waived, such waiver shall be limited to the particular breach so waived and shall not be <br />deemed a waiver of any other breach under this Agreement. <br />6.3. ks• ati f E (a) Xf any Bank shall <br />receive, obtain, or recover any payment or collateral under any Security Agreement <br />(whether voluntarily, involuntarily, through the exercise of any right of set-off or <br />otherwise), such Bank shall hold and disburse such recovery in the same fashion as <br />would have been required of the Company. <br />(b) Notwithstanding the provisions of subsection (a), however, <br />(i) the recovering Bank shall be entitled to deduct its reasoaable direct <br />casts of making the recovery before calculating and making any such distribution; <br />(ii) the County shall not be entitled to any share of any recovery at any <br /> <br />