Acceleration of Maturities; Other Remedies. (a) Upon the occurrence of an Event of Default under Section 6.1(a), the holder of any Note may, by written notice to the Company, declare such Note to be, and such Note shall thereby become, due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of an Event of Default under Section 6.1 (g), all Notes shall immediately become due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of any Event of Default, other than under Section 6.1(g) and other than under Section 6.1(a) (which are governed by the preceding two sentences), the holders of Notes representing a majority of the principal amount of the Notes outstanding excluding in each case any Notes held by the Company or any Subsidiary or Affiliate of the Company, may, by written notice to the Company, declare all Notes to be, and such Notes shall thereby become, due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. No course of dealing on the part of any holder of any Note nor any delay or failure on the part of any holder of any Note to exercise any right shall operate as a waiver of such right or otherwise prejudice such holder's rights, powers and remedies. The Company further agrees to pay to the holder or holders of the Notes all costs and expenses incurred by them in the collection of any Note upon any default hereunder or thereon, including the fees, disbursements and other charges of such holder's or holders' attorneys for all services rendered in connection therewith. (b) The rights and remedies expressly provided for in this Agreement and the other Note Documents are cumulative and not exclusive of any rights or remedies which the Purchaser or any holder of a Note would otherwise have including, without limitation, the rights and remedies provided for in the Subsidiary Guaranty.
Appears in 1 contract
Samples: Note Purchase Agreement (Health Care Reit Inc /De/)
Acceleration of Maturities; Other Remedies. (a) Upon the occurrence of an Event of Default under Section 6.1(a), the holder of any Note may, by written notice to the Company, declare such Note to be, and such Note shall thereby become, due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of an Event of Default under Section
6.1 (g), all Notes shall immediately become due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of any Event of Default, other than under Section 6.1(g) and other than under Section 6.1(a) (which are governed by the preceding two sentences), the holders of Notes representing a majority of the principal amount of the Notes outstanding excluding in each case any Notes held by the Company or any Subsidiary or Affiliate of the Company, Required Holders may, by written notice to the Company, declare all Notes to be, and such Notes shall thereby become, due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. No course of dealing on the part of any holder of any Note nor any delay or failure on the part of any holder of any Note to exercise any right shall operate as a waiver of such right or otherwise prejudice such holder's rights, powers and remedies. The Company further agrees to pay to the holder or holders of the Notes all costs and expenses incurred by them in the collection of any Note upon any default hereunder or thereon, including the fees, disbursements and other charges of such holder's or holders' attorneys for all services rendered in connection therewith.
(b) The rights and remedies expressly provided for in this Agreement and the other Note Documents are cumulative and not exclusive of any rights or remedies which the Purchaser or any holder of a Note would otherwise have including, without limitation, the rights and remedies provided for in the Subsidiary Guaranty.
Appears in 1 contract
Samples: Note Purchase Agreement (Health Care Reit Inc /De/)
Acceleration of Maturities; Other Remedies. (a) Upon the occurrence of an Event of Default under Section 6.1(a)) above, the holder of any each Note as to which such Event of Default occurred may, by written notice to the Company, declare such Note to be, and such Note shall thereby become, be due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) and such Note shall thereupon become due and payable at the Redemption Price. Upon the occurrence of an Event of Default under Section
6.1 Section 6.1(f) above in respect of the Company (gbut not of a Principal Subsidiary), all Notes shall immediately become due and payable at the Redemption Price. Upon the occurrence of any other Event of Default, holders of Notes representing at least 51% of the unpaid principal amount of all Notes then outstanding, excluding any Notes held by the Company or any Subsidiary or Affiliate ("Requisite Holders") may, by written notice to the Company, declare all Notes to be due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of any Event of Default, other than under Section 6.1(g) and other than under Section 6.1(a) (which are governed by the preceding two sentences), the holders of Notes representing a majority of the principal amount of the Notes outstanding excluding in each case any Notes held by the Company or any Subsidiary or Affiliate of the Company, may, by written notice to the Company, declare all Notes to be, and such Notes shall thereby become, thereupon become due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. No course of dealing on the part of any holder of any Note nor any delay or failure on the part of any holder of any Note to exercise any right shall operate as a waiver of such right or otherwise prejudice such holder's rights, powers and remedies. The Company further agrees to pay to the holder or holders of the Notes all costs and expenses incurred by them in the collection of any Note upon any default hereunder or thereon, including the fees, disbursements and other charges of such holder's or holders' attorneys for all services rendered in connection therewith.
(b) The rights and remedies expressly provided for in this Agreement and the other Note Documents are cumulative and not exclusive of any rights or remedies which the Purchaser or any holder of a Note would otherwise have including, without limitation, the rights and remedies provided for in the Subsidiary Guaranty.costs,
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Acceleration of Maturities; Other Remedies. (a) Upon the occurrence of an Event of Default under Section 6.1(a), the holder of any each Note as to which such Event of Default occurred may, by written notice to the Company, declare such Note to be, and such Note shall thereby become, be due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of an Event of Default under Section
6.1 Section 6.1(f) above in respect of the Company (gbut not of a Principal Subsidiary), all Notes shall immediately become due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of any other Event of Default, other than under Section 6.1(g) and other than under Section 6.1(a) (which are governed by the preceding two sentences), the holders of Notes representing a majority at least 51% of the unpaid principal amount of the all Notes outstanding then outstanding, excluding in each case any Notes held by the Company or any Subsidiary or Affiliate of the Company, ("Requisite Holders") may, by written notice to the Company, declare all Notes to be, and such Notes shall thereby become, be due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. No course of dealing on the part of any holder of any Note nor any delay or failure on the part of any holder of any Note to exercise any right shall operate as a waiver of such right or otherwise prejudice such holder's rights, powers and remedies. The Company further agrees to pay to the holder or holders of the Notes all costs and expenses incurred by them in the collection of any Note upon any default hereunder or thereon, including the fees, disbursements and other charges of such holder's or holders' , attorneys for all services rendered in connection therewith.
(b) The rights and remedies expressly provided for in this Agreement and the other Note Documents are cumulative and not exclusive of any rights or remedies which the Purchaser or any holder of a Note would otherwise have have, including, without limitation, the rights and remedies provided for in the Subsidiary GuarantyMortgages.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Acceleration of Maturities; Other Remedies. (a) Upon the occurrence of an Event of Default under Section 6.1(a), the holder of any each Note as to which such Event of Default occurred may, by written notice to the Company, declare such Note to be, and such Note shall thereby become, be due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of an Event of Default under Section
6.1 Section 6.1(f) above in respect of the Company (gbut not of a Principal Subsidiary), all Notes shall immediately become due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. Upon the occurrence of any other Event of Default, other than under Section 6.1(g) and other than under Section 6.1(a) (which are governed by the preceding two sentences), the holders of Notes representing a majority at least 75% of the unpaid principal amount of the all Notes outstanding then outstanding, excluding in each case any Notes held by the Company or any Subsidiary or Affiliate of the Company, ("Requisite Holders") may, by written notice to the Company, declare all Notes to be, and such Notes shall thereby become, be due and payable (without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Company) at the Redemption Price. No course of dealing on the part of any holder of any Note nor any delay or failure on the part of any holder of any Note to exercise any right shall operate as a waiver of such right or otherwise prejudice such holder's rights, powers and remedies. The Company further agrees to pay to the holder or holders of the Notes all costs and expenses incurred by them in the collection of any Note upon any default hereunder or thereon, including the fees, disbursements and other charges of such holder's or holders' attorneys for all services rendered in connection therewith.
(b) The rights and remedies expressly provided for in this Agreement and the other Note Documents are cumulative and not exclusive of any rights or remedies which the Purchaser or any holder of a Note would otherwise have have, including, without limitation, the rights and remedies provided for in the Subsidiary GuarantyMortgages.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)