Common use of Acceleration; Expenses Clause in Contracts

Acceleration; Expenses. (a) If an Event of Default occurs, the ---------------------- entire Principal Amount may be accelerated by CSFC and CSFC may pursue it remedies against Borrower and the personal and real property that secures Borrower's Obligations, including Borrower's obligation to pay the Principal Amount evidenced by this Note, from time to time and in such order as CSFC shall determine. If an Event of Default described in Section 6.1.3 of the Loan Agreement occurs, all Obligations including, without limitation, the entire Principal Amount, shall be automatically accelerated without presentment, demand, protest or notice of any kind. Upon acceleration of the Obligations, Borrower hereby agrees to pay to the order of CSFC on the date of acceleration an amount equal to (i) the full Principal Amount of this Note which remains unpaid as of such date, plus (ii) all accrued and unpaid interest thereon and all other amounts due and owing hereunder (including, without limitation, any late payment charges) and under the other Loan Documents, plus (iii) all costs of collection (including, without limitation, reasonable and actual attorneys' fees and disbursements, whether or not a suit is commenced), which amounts (and all other amounts which are due and payable by Borrower) shall be added to the Principal Amount of this Note and will bear interest at the Default Rate, plus (iv) the Default Repayment Amount (as herein defined). (b) Simultaneously with each Default Repayment (as hereinafter defined) occurring prior to the Maturity Date, Borrower shall pay to CSFC an amount (the "Default Repayment Amount") equal to the greater of: (A) three (3%) percent of the principal amount of this Note being prepaid; and (B) the present value of a series of payments each equal to the Payment Differential (as hereinafter defined) and payable on each Payment Date over the remaining original term of this Note and on the Maturity Date, discounted at the Reinvestment Yield (as hereinafter defined) for the number of months remaining from the date of the Default Repayment (the "Repayment Date") to each such monthly Payment Date and the Maturity Date. The term "Reinvestment Yield" as used herein shall be equal to the lesser of (a) the (i) yield on the U.S. Treasury issue (primary issue) with the same maturity date as the Maturity Date; or (ii) if no such U.S. Treasury issue is available, then the interpolated yield on the two U.S. Treasury issues (primary issues) with maturity dates (one prior to and one following) that are closest to the Maturity Date; or (b) the (i) yield on the U.S. Treasury issue (primary issue) with a term equal to the remaining average life of the Obligations, or (ii) if no such U.S. Treasury issue is available, then the interpolated yield on the two U.S. Treasury issues (primary issues) with terms (one prior to and one following) that are closest to the remaining average life of the Obligations, with each

Acceleration; Expenses. (a) If an Event of Default occurs, the entire ---------------------- entire Principal Amount may be accelerated by CSFC and CSFC may pursue it remedies against Borrower and the personal and real property that secures Borrower's Obligations, including Borrower's obligation to pay the Principal Amount evidenced by this Note, from time to time and in such order as CSFC shall determine. If an Event of Default described in Section 6.1.3 of the Loan Agreement occurs, all Obligations including, without limitation, the entire Principal Amount, shall be automatically accelerated without presentment, demand, protest or notice of any kind. Upon acceleration of the Obligations, Borrower hereby agrees to pay to the order of CSFC on the date of acceleration an amount equal to (i) the full Principal Amount of this Note which remains unpaid as of such date, plus (ii) all accrued and unpaid interest thereon and all other amounts due and owing hereunder (including, without limitation, any late payment charges) and under the other Loan Documents, plus (iii) all costs of collection (including, without limitation, reasonable and actual attorneys' fees and disbursements, whether or not a suit is commenced), which amounts (and all other amounts which are due and payable by Borrower) shall be added to the Principal Amount of this Note and will bear interest at the Default Rate, plus (iv) the Default Repayment Amount (as herein defined). (b) Simultaneously with each Default Repayment (as hereinafter defined) occurring prior to the Maturity Date, Borrower shall pay to CSFC an amount (the "Default Repayment Amount") equal to the greater of: (A) three (3%) percent of the principal amount of this Note being prepaid; and (B) the present value of a series of payments each equal to the Payment Differential (as hereinafter defined) and payable on each Payment Date over the remaining original term of this Note and on the Maturity Date, discounted at the Reinvestment Yield (as hereinafter defined) for the number of months remaining from the date of the Default Repayment (the "Repayment Date") to each such monthly Payment Date and the Maturity Date. The term "Reinvestment Yield" as used herein shall be equal to the lesser of (a) the (i) yield on the U.S. Treasury issue (primary issue) with the same maturity date as the Maturity Date; : or (ii) if no such U.S. Treasury issue is available, then the interpolated yield on the two U.S. Treasury issues (primary issues) with maturity dates (one prior to and one following) that are closest to the Maturity Date; or (b) the (i) yield on the U.S. Treasury issue (primary issue) with a term equal to the remaining average life of the Obligations, or (ii) if no such U.S. Treasury issue is available, then the interpolated yield on the two U.S. Treasury issues (primary issues) with terms (one prior to and one following) that are closest to the remaining average life of the Obligations, with eacheach such yield being based on the bid price for such issue as published in The Wall Street Journal on the date that is 14 days prior to the Repayment Date (or, if such bid price is not published on that date, the next preceding date on which such bid price is so published) and converted to a monthly compounded nominal yield. The term "Payment Differential" as used herein shall be equal to (x) the Interest Rate minus the Reinvestment Yield, divided by (y) 12 and multiplied by (z) the principal sum being repaid on such Repayment Date after application of the Monthly Payment (if any) due on the date of the Default Repayment, provided that the Payment Differential shall in no event be less than zero. In no event, however, shall CSFC be required to reinvest any repayment proceeds in U.S. Treasury obligations or otherwise.

Acceleration; Expenses. (a) If an Event of Default occurs, the Secured Party may ---------------------- entire Principal Amount may declare this Note to be accelerated by CSFC immediately due and CSFC payable and Secured Party may pursue it remedies against Borrower Debtor and the personal and real property and leasehold estate interests of Debtor that secures Borrowersecure Debtor's Obligations, including Borrower's obligation to pay the Principal Amount evidenced by this Note, from time to time and in such order as CSFC shall determine. If an Event of Default described in Section 6.1.3 6.3 of the Loan Security Agreement occurs, all Obligations including, without limitation, the entire Principal Amount, this Note shall be automatically accelerated immediately due and payable without presentment, demand, protest or notice of any kind. Upon acceleration of If this Note becomes due and payable on any date prior to the ObligationsCall Protection Date (such date an "Acceleration Date"), Borrower Debtor hereby agrees to pay to the order of CSFC Secured Party on the date of acceleration Acceleration Date an amount equal to (i) the full Principal Prepayment Amount, including, without limitation, accrued and unpaid interest and the Prepayment Premium Amount of this which would be due and payable on the Payment Date immediately following the Acceleration Date if the Note which remains unpaid as of were prepaid in full on such datePayment Date, plus (ii) together with all accrued and unpaid interest thereon Late Payment Charges. Debtor agrees that upon the occurrence of an Event of Default, Debtor will pay all reasonable costs and all expenses of collection and enforcement of the remedies provided hereunder and the other amounts due and owing hereunder Loan Documents (including, without limitation, any late payment charges) and under the other Loan Documents, plus (iii) all costs of collection (including, without limitationstatutory costs, reasonable and actual attorneys' fees and disbursements, whether or not a suit and/or foreclosure is commenced, and the cost of title evidence), which amounts (and all other amounts which are due and payable by BorrowerDebtor) shall be added to the Principal Amount of this Note and will bear interest at the Default Rate, plus (iv) the Default Repayment Amount (as herein defined). (b) Simultaneously with each Default Repayment (as hereinafter defined) occurring prior to the Maturity Date, Borrower shall pay to CSFC an amount (the "Default Repayment Amount") equal to the greater of: (A) three (3%) percent of the principal amount of this Note being prepaid; and (B) the present value of a series of payments each equal to the Payment Differential (as hereinafter defined) and payable on each Payment Date over the remaining original term of this Note and on the Maturity Date, discounted at the Reinvestment Yield (as hereinafter defined) for the number of months remaining from the date of the Default Repayment (the "Repayment Date") to each such monthly Payment Date and the Maturity Date. The term "Reinvestment Yield" as used herein shall be equal to the lesser of (a) the (i) yield on the U.S. Treasury issue (primary issue) with the same maturity date as the Maturity Date; or (ii) if no such U.S. Treasury issue is available, then the interpolated yield on the two U.S. Treasury issues (primary issues) with maturity dates (one prior to and one following) that are closest to the Maturity Date; or (b) the (i) yield on the U.S. Treasury issue (primary issue) with a term equal to the remaining average life of the Obligations, or (ii) if no such U.S. Treasury issue is available, then the interpolated yield on the two U.S. Treasury issues (primary issues) with terms (one prior to and one following) that are closest to the remaining average life of the Obligations, with each