Acceleration; Other Remedies Sample Clauses

Acceleration; Other Remedies. Upon the occurrence of an Event of Default and at any time thereafter: (a) Lender shall have all rights and remedies provided in this Agreement, any of the other Loan Documents, the UCC or other applicable law, all of which rights and remedies may be exercised without notice to Borrower, all such notices being hereby waived, except such notice as is expressly provided for hereunder or is not waivable under applicable law. All rights and remedies of Lender are cumulative and not exclusive and are enforceable, in Lender's discretion, alternatively, successively, or concurrently on any one or more occasions and in any order Lender may determine. Without limiting the foregoing, Lender may (i) accelerate the payment of all Obligations and demand immediate payment thereof to Lender, (ii) with or without judicial process or the aid or assistance of others, enter upon any premises on or in which any of the Collateral may be located and take possession of the Collateral or complete processing, manufacturing and repair of all or any portion of the Collateral, (iii) require Borrower, at Borrower's expense, to assemble and make available to Lender any part or all of the Collateral at any place and time designated by Lender, (iv) collect, foreclose, receive, appropriate, setoff and realize upon any and all Collateral, subject to the rights of the Convertible Noteholders in accordance with the terms of the Intercreditor Agreement, (v) extend the time of payment of, compromise or settle for cash, credit, return of merchandise, and upon any terms or conditions, any and all Accounts or other Collateral which includes a monetary obligation and discharge or release the account debtor or other obligor, without affecting any of the Obligations, (vi) sell, lease, transfer, assign, deliver or otherwise dispose of any and all Collateral (including, without limitation, entering into contracts with respect thereto, by public or private sales at any exchange, broker's board, any office of Lender or elsewhere) at such prices or terms as Lender may deem reasonable, for cash, upon credit or for future delivery, with Lender having the right to purchase the whole or any part of the Collateral at any such public sale, all of the foregoing being free from any right or equity of redemption of Borrower, which right or equity of redemption is hereby expressly waived and released by Borrower. If any of the Collateral or other security the Obligations is sold or leased by Lender upon credit ter...
AutoNDA by SimpleDocs
Acceleration; Other Remedies. On and at any time after the occurrence of an Event of Default (which is continuing, unremedied and unwaived) the Bank may by notice to the Borrower: (a) cancel the Credit Facilities or any part thereof; and/or (b) demand that all or part of the Advances, together with accrued interest and all other amounts accrued under the Finance Documents be immediately due and payable, whereupon they shall become immediately due and payable; and/or (c) demand that all or part of the Advances together with accrued interest and all other amounts accrued under the Finance Documents be payable on demand, whereupon they shall immediately become payable on demand of the Bank; and/or (d) proceed to enforce or exercise any or all of the rights, remedies and powers available to it under all or any of the Finance Documents and to enforce all or any remedies thereunder in accordance with Israeli law.
Acceleration; Other Remedies. A. Upon the occurrence and continuance of an Event of Default (i) described in paragraph (a), (b), (c), (d), (e), (i), or (j) of Section 9.01, the Trustee shall, or (ii) described in paragraph (f), (g) or (h) of Section 9.01, the Trustee shall at the written request of the Bank, by written notice to the Issuer, the Borrower, the Remarketing Agent and the Bank, declare the Bonds to be immediately due and payable, whereupon they shall, without further action, become and be immediately due and payable, and interest thereon shall cease to accrue immediately upon such declaration of acceleration anything in this Indenture or in the Bonds to the contrary notwithstanding, and the Trustee shall give notice thereof to the Issuer, the Borrower, the Remarketing Agent and the Bank and, by Mail, to all Owners of Outstanding Bonds. B. Following the expiration of the term of the Letter of Credit the provisions of the preceding paragraph are subject to the condition that if, after the principal of the Bonds shall have been so declared to be due and payable, and before any judgment or decree for the payment of the moneys due shall have been obtained or entered as hereinafter provided, the Issuer shall cause to be deposited with the Trustee a sum sufficient to pay all matured installments of interest upon all Bonds and the principal of any and all Bonds which shall have become due otherwise than by reason of such declaration (with interest upon such principal and, to the extent permissible by law, on overdue installments of interest, at the rate per annum specified in the Bonds) and such amount as shall be sufficient to cover reasonable compensation and reimbursement of expenses payable to the Trustee, and all Events of Default hereunder other than nonpayment of the principal of Bonds which shall have become due by said declaration shall have been remedied, then, in every such case, such Event of Default shall be deemed waived and such declaration and its consequences rescinded and annulled, and the Trustee shall promptly give written notice of such waiver, rescission or annulment to the Issuer, the Borrower, the Remarketing Agent and the Paying Agent, and shall give notice thereof by Mail to all Owners of Outstanding Bonds; but no such waiver, rescission and annulment shall extend to or affect any subsequent Event of Default or impair any right or remedy consequent thereon. The provisions of paragraph A are further subject to the condition that any waiver of any event of d...
Acceleration; Other Remedies. (a) If an Event of Default described in Section 9.01(a), Section 9.01(b), Section 9.01(c) or 9.01(f) or an Event of Default described in Section 9.01(e) hereof resulting from an "Event of Default" under Section 7.01(a) or Section 7.01(c) of the Agreement has occurred and has not been cured or waived, then the Trustee may (and upon the written request of the Owners of not less than 25% in principal amount of the Bonds then Outstanding shall) by written notice by registered or certified mail to the Issuer and the Company, declare the Bonds to be immediately due and payable, whereupon the Bonds shall without further action, become and be immediately due and payable, anything in this Indenture or in the Bonds to the contrary notwithstanding, and the Trustee shall give notice thereof by Mail to all Owners of Outstanding Bonds. The Trustee shall not be required to take notice, or be deemed to have notice, of any default or Event of Default except as required by Section 10.05
Acceleration; Other Remedies. Without the necessity of notice or demand to any Person (which notice and demand Borrower hereby expressly waives), (a) all Obligations shall be accelerated and shall become immediately due and payable automatically upon the occurrence of any Event of Default described in Section 8.1(g), and (b) such Obligations as Required Lenders may designate shall be accelerated and shall become immediately due and payable at the election of Required Lenders at any time upon or after the occurrence of any other Event of Default (and also as to any Event of Default described in clause (a) of this Section 8.2.1 to the extent that automatic acceleration is prevented by any lawful stay). Upon and at all times following the occurrence of any Event of Default, Lenders may suspend performance of any and all of its obligations under the Loan Documents, and Collateral Agent and Lenders shall have all rights and remedies available to them pursuant to the Loan Documents, and pursuant to all Legal Requirements, and Lenders may take, or direct Collateral Agent in writing to take, any action, without notice or demand (which notice and demand Borrower hereby expressly waives) that Required Lenders elect to protect and enforce their rights against any Relevant Party and in and to the Collateral.
Acceleration; Other Remedies. Upon the occurrence of an Event of Default, Lender shall have the right, by notice to Borrower, to: (a) Terminate the Commitment and withhold any further Advances; and (b) Declare the Note, all interest thereon and all other amounts payable under this Loan Agreement to be forthwith due and payable; Whereupon the Note, all such interest and all such amounts shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by Borrower, and Lender shall have the right to apply all or any part of any sums paid to ratable payment of principal and accrued interest under the Note and to the obligations of Borrower hereunder. Notwithstanding the foregoing, in the case of any default described in Section 8.1(i) or (q) hereinabove, the Commitment and all obligations of Lender to make Advances shall immediately and automatically terminate and the Note, all interest thereon and all other amounts payable under this Loan Agreement and the other Loan Documents shall immediately and automatically become due and payable, subject to the rights of Lender and the waivers of Borrower described in this Section 8.2. In addition, Lender may also exercise any and all rights and remedies available to Lender under the Security Documents, the Mortgage, or any other Loan Document.
Acceleration; Other Remedies. All amounts payable under this Note shall be due immediately upon an Event of Default. If any payment on this Note is not paid when due or if an Event of Default occurs, the Maker shall pay all reasonable costs of enforcement and collection, including but not limited to, the Company’s reasonable attorney fees. In addition to the right of acceleration, upon the occurrence of an Event of Default, the Company shall have any and all other rights and remedies available to it. The Company’s remedies include, without limitation, its right to pursue any available remedy to collect the payment of interest, principal, or premium, if any, on this Note or to enforce any provision of this Note. All remedies are cumulative to the extent permitted by law.
AutoNDA by SimpleDocs
Acceleration; Other Remedies. If any Event of Default occurs, all Obligations will become immediately due and payable without presentment, demand, protest or other notice of any kind. If any Event of Default occurs and is continuing, Lender will have, in addition to the remedies set forth in this Agreement, all other remedies available at law or in equity.
Acceleration; Other Remedies. If any Event of Default shall have occurred, Lender may, with five (5) Business Days’ (as defined herein) prior written notice to Borrower, take any one or more of the following actions: (i) declare all or any portion of the Loan then outstanding, together with any accrued and unpaid interest then owing by Borrower under the Promissory Note, to be forthwith due and payable; or (ii) exercise any rights and remedies against Borrower available to Lender under the terms of this Agreement, the Promissory Note or at law or in equity. The term “Business Day” means any day that is not a Saturday, a Sunday or a day on which banks are required or permitted to be closed in the State of New York.
Acceleration; Other Remedies. 44 12.2 Set-off . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 12.3
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!