Acceleration Right. (i) Promptly after having knowledge of the occurrence of an Event of Default, the Borrower shall deliver written notice thereof via email and overnight courier (an “Event of Default Notice”) to the Lender. At any time after the earlier of the Lender’s and the Holders’ receipt of an Event of Default Notice and the Lender and any other Holders becoming aware of an Event of Default which has not been cured or waived, the Lender or such other Holders may require the Borrower to redeem all or any portion of this Subordinated Note (an “Event of Default Redemption”) by delivering written notice thereof (the “Event of Default Redemption Notice”) to the Borrower, which Event of Default Redemption Notice shall indicate the portion of this Subordinated Note that the Lender or any other Holders are requiring the Borrower to redeem; provided, that upon the occurrence of any Event of Default described in Section 10(a)(ii) and (iii), the Subordinated Notes, in whole, shall automatically, and without any action on behalf of the Lender or any other Holders, be redeemed by the Borrower. The Subordinated Notes shall be redeemed by the Borrower at a price equal to one hundred five percent (105%) of the outstanding principal amount of the Subordinated Notes, plus accrued and unpaid interest (the “Event of Default Redemption Price”).
Acceleration Right. If any Event of Default shall occur, then or at any time thereafter, while such Event of default shall continue, Creditor may declare all Obligations to be due and payable, without notice, protest, presentment or demand, all of which are hereby expressly waived by Debtor.
Acceleration Right. (a) Promptly after the occurrence of an Event of Default, the Borrower Representative shall deliver written notice thereof via email, facsimile and overnight courier (an "Event of Default Notice") to the Agent. At any time after the earlier of the Agent's and the Holders' receipt of an Event of Default Notice and the Agent becoming aware of an Event of Default which has not been cured or waived, the Agent, at the Request of the Required Holders, may require the Borrowers to redeem all or any portion of the Notes (an "Event of Default Redemption") by delivering written notice thereof (the "Event of Default Redemption Notice") to the Borrower Representative, which Event of Default Redemption Notice shall indicate the portion of the Notes that the Agent, at the request of the Required Holders, is requiring the Borrowers to redeem; provided, that upon the occurrence of any Event of Default described in Section 10.1(c) or Section 10.1(d), the Notes, in whole, shall automatically, and without any action on behalf of the Agent, be redeemed by the Borrowers. All Notes subject to redemption by the Borrowers pursuant to this Section 10.2 shall be redeemed by the Borrowers at a price equal to the outstanding principal amount of the Notes, plus accrued and unpaid interest, Yield Maintenance Premium, and accrued and unpaid Late Charges and all other amounts due under the Transaction Documents (the "Event of Default Redemption Price").
Acceleration Right. The Purchased Asset Documents for such Senior Mortgage Loan contain provisions for the acceleration of the payment of the unpaid principal balance of such Senior Mortgage Loan if, without complying with the requirements of the related Purchased Asset Documents, (a) the related Underlying Mortgaged Property, or any controlling interest in the related Mortgagor, is directly transferred or sold in a mortgagor, issuance of non-controlling new equity interests, transfers among existing members, partners or shareholders in such Mortgagor or an Affiliate thereof, transfers among affiliated Mortgagors with respect to such Senior Mortgage Loan which are cross-collateralised or cross-defaulted with other mortgage loans or multi-property loans or transfers of a similar nature (such as pledges of ownership interests that do not result in a change of control) or a substitution or release of collateral), or (b) the related Underlying Mortgaged Property or controlling interest in the borrower is encumbered in connection with subordinate financing by a Lien against the related Underlying Mortgaged Property, other than any existing permitted additional debt or debt otherwise permitted in the Purchased Asset Documents. The Purchased Asset Documents for such Senior Mortgage Loan require the borrower to pay all reasonable costs incurred by the Mortgagor with respect to any transfer, assumption or encumbrance requiring lender’s approval.
Acceleration Right. If this Agreement is terminated by the Carrier pursuant to Section 8.3, the Carrier shall, in good faith and in a commercially reasonable manner, determine the Acceleration Payment. The Carrier shall give the Shipper written notice of the amount of the Acceleration Payment stating in reasonable detail how the amount was calculated. The Acceleration Payment is not subject to deduction or abatement for any reason. The Shipper shall pay the Acceleration Payment owed by it to the Carrier within thirty (30) days of receipt of written notice from the Carrier. The Acceleration Payment is a reasonable pre-estimate of the loss suffered by the Carrier in the event of termination of this Agreement, and is not a penalty.
Acceleration Right. In the event that the Early Expiry Event occurs, the Company shall have the right, but not the obligation, to exercise the Acceleration Right. In the event the Company elects to exercise the Acceleration Right, the Company shall deliver the Early Expiry Notice to the Warrant Agent and the Warrant Agent shall deliver the Early Expiry Notice to each of the Registered Warrantholders pursuant to Section 9.2 within ten
Acceleration Right. If this Agreement is terminated by the Carrier pursuant to Section 6.3, or by Shipper pursuant to Section 9.2, the Carrier shall, in good faith and in a commercially reasonable manner, determine the Acceleration Payment resulting from the termination of this Agreement. The Carrier shall give the Shipper written notice of the amount of the Acceleration Payment, stating in reasonable detail how such amount was calculated. The Carrier shall issue an invoice and Shipper shall pay such invoice within thirty (30) days of receipt of invoice. The Parties acknowledge and agree that the Acceleration Payment is a reasonable pre-estimate of the loss suffered by the Carrier in the event of termination of this Agreement, and is not a penalty. Carrier shall make reasonable efforts to re- contract the volume associated with the Acceleration Payment to another shipper. If volumes are re-contracted the Shipper shall be relieved of the obligation to pay the Acceleration Payment, to the extent of the value of the re-contracted volumes. If at the time the Carrier re-contracts the volumes the Shipper has already paid some or all of the Acceleration Payment, the Carrier shall refund to Shipper the difference between the amount paid and the value of the re-contracted volumes. The Acceleration Payment is not subject to deduction or abatement for any reason, except and only to the extent that Carrier is able to successfully re-contract the Shipper’s Service Option. Value means the present value of the re-contracted volume using a discount rate equal to the Prime Rate.
Acceleration Right. In the event that the VWAP at any time following the date of closing of the Offering is equal to or greater than $9.00 for a period of ten (10) consecutive Trading Days, the Corporation shall have the right, but not the obligation, to exercise the Acceleration Right. In the event the Corporation elects to exercise the Acceleration Right, the Corporation shall deliver the Acceleration Notice to the Warrant Agent and the Warrant Agent shall deliver the Acceleration Notice to each of the holders pursuant to Section 10.2. Upon delivery of the Acceleration Notice, Warrantholders shall have the right, but not the obligation, to exercise their Warrants pursuant to the terms set forth herein and in the Warrant Certificates. Effective as of a date that is not less than fifteen (15) Trading Days following the delivery of the Acceleration Notice to the holders pursuant to Section 10.2, all unexercised Warrants shall be terminated and of no further force or effect without any action on the part of the Corporation or the holder. The Acceleration Notice shall also be distributed by press release and an exchange bulletin of the CSE (or other applicable exchange).
Acceleration Right. Tenant shall have the one-time right to accelerate the Expiration Date (the “Acceleration Option”) with respect to the Acceleration Premises such that the Term shall expire and the Expiration Date shall be, with respect to the Acceleration Premises the day immediately preceding the ninety-ninth (99th) monthly anniversary of the Commencement Date (the “Accelerated Expiration Date”) upon the terms and conditions set forth in this Article. The “Acceleration Premises” means (i) the entire Premises, (ii) the Second Floor Premises, (iii) the Thirteenth Floor Premises or (iv) the Fourteenth Floor Premises.
Acceleration Right. In the event of any material breach or default under this Agreement by Buyer with respect to its deferred Purchase Price payment obligations under Section 2.3 hereof, Myer shall be entitled, upon written notice to Buyer, to accelerate such payment obligations of Buyer and to be paid the full amount of such accelerated payment obligations at that time; provided, however, that for purposes hereof a breach or default shall not be deemed to have occurred unless it is so determined in accordance with the arbitration provisions of this Agreement.
