Actions Upon an Event of Default. If any Event of Default shall have occurred and be continuing and the Administrative Agent shall have declared the Facility Maturity Date to have occurred or the Facility Maturity Date, as applicable, shall be deemed to have occurred pursuant to Section 8.01, then the Administrative Agent may exercise in respect of the Borrower Collateral, in addition to any and all other rights and remedies granted to it hereunder (including any rights under Section 9.01), under any other Transaction Document or under any other instrument or agreement securing, evidencing or relating to the Borrower Obligations or otherwise available to it, all of the rights and remedies of a secured party upon default under the UCC (such rights and remedies to be cumulative and nonexclusive), and, in addition, may take the following actions:
(a) The Administrative Agent may, without notice to the Borrower except as required by law and at any time or from time to time, without limiting the terms of Section 7.05(d), notify any Obligor under any Transferred Receivable or obligors under the Borrower Assigned Agreements of the transfer of the Transferred Receivables to the Borrower and the pledge of such Transferred Receivables or Borrower Assigned Agreements, as the case may be, to the Administrative Agent on behalf of the Secured Parties hereunder and direct that payments of all amounts due or to become due to the Borrower thereunder be made directly to the Administrative Agent or any Servicer, Servicer or lockbox or other account designated by the Administrative Agent.
(b) The Administrative Agent may, without notice except as specified below, solicit and accept bids for and sell the Borrower Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker’s board or any of the Lenders’ or Agent’s offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Administrative Agent may deem commercially reasonable. The Administrative Agent shall have the right to conduct such sales on the Borrower’s premises or elsewhere and shall have the right to use any of the Borrower’s premises without charge for such sales at such time or times as the Administrative Agent deems necessary or advisable. The Borrower agrees that, to the extent notice of sale shall be required by law, ten days’ notice to the Borrower of the time and place of any public sale or the time after which any private sale is to be made shall constitute rea...
Actions Upon an Event of Default. If an Event of Default has occurred and is continuing, the non-Defaulting Party, upon written notice to the Defaulting Party, may, in addition to any remedy available at law or in equity, exercise any or all of the following:
1. removal of Broker as billing partner for some or all of the Customer’s Cloud Provider Accounts, such that the Customer will regain the obligation to pay Cloud Provider(s) directly under Customer’s Cloud Provider agreement(s) followed by,
2. immediate termination of this CPA including any effective Service Plan Schedules (which includes any Service Plan Schedule incorporated documentation). An Event of Default shall not excuse any Party from payment of any amounts outstanding and the non-Defaulting Party may assign all or any part of its right to receive such amounts to any third party, including, without limitation, debt collection agencies.
Actions Upon an Event of Default. If an Event of Default has occurred and is continuing under this Service Plan Schedule, the non- defaulting Party, upon written notice to the defaulting Party, may exercise any remedy available at law or in equity, including immediate termination of this Service Plan Schedule. An Event of Default shall not excuse any Party from payment of any amounts outstanding and the non-Defaulting Party may assign all or any part of its right to receive such amounts to any third party, including, without limitation, debt collection agencies.
Actions Upon an Event of Default. Upon the occurrence and during the continuance of an Event of Default and upon written request of the Required Lenders, the Administrative Agent shall be permitted and is hereby authorized to take any and all actions and to exercise any and all rights, remedies and options which it may have under the Security Documents, in each case, to the maximum extent permitted under Requirement of Law.
Actions Upon an Event of Default. Without prejudice to any other right or remedy that it may have, including for example the provisions for Actions Upon An Event of Default and Specific Actions if Customer is the Defaulting Party in the main body of the CPA, if any Event of Default has occurred and is continuing under this Service Plan Schedule, the non-defaulting Party, upon written notice to the defaulting Party, may exercise any remedy available at law or in equity, including immediate termination of this Service Plan Schedule (and the CPA, as relevant).
Actions Upon an Event of Default. 9.1. From the occurrence of an Event of Default, whether or not the Event of Default is continuing, YouBiz Credit may:
(a) restructure the repayment of the Loan and/or impose additional fees on the Borrower in such manner as YouBiz Credit deems fit;
(b) by serving a payment due notice (“Payment Due Notice”) on the Borrower, declare the whole of the outstanding Loan together with any fees or charges incurred under the Finance Documents to be immediately due and payable in one (1) lump sum.
9.2. Notwithstanding anything to the contrary in the Agreement, the Borrower shall repay the amount specified in the Payment Due Notice in one (1) lump sum no later than five (5) Business Days from the date of a Payment Due Notice.
9.3. If the Borrower does not repay the amount as outlined in Clause 9.1(b), YouBiz Credit may engage a debt collection agency in recovering the amount owed by the Borrower to YouBiz Credit and the Borrower shall pay a fee to YouBiz Credit that is equivalent to the sum of the following: (a) the fees charged by the debt collection agency engaged (“Collection Agency Fee”); and
Actions Upon an Event of Default. If an Event of Default has occurred and is continuing under this Addendum, the non- Defaulting Party, upon written notice to the Defaulting Party, may exercise any remedy available at law or in equity, including immediate termination of this Addendum. An Event of Default shall not excuse any Party from payment of any amounts outstanding and the non-Defaulting Party may assign all or any part of its right to receive such amounts to any third party, including, without limitation, debt collection agencies.
Actions Upon an Event of Default. If an Event of Default has occurred and is continuing, the non-Defaulting Party, upon written notice to the Defaulting Party, may exercise any remedy available at law or in equity, including:
1. removal of Broker as billing partner for some or all of the Customer’s Cloud Provider Accounts, such that the Customer will regain the obligation to pay Cloud Provider(s) directly under Customer’s Cloud Provider agreement(s) followed by,
2. immediate termination of this CPA and any Addenda (which includes any Addenda associated documentation). An Event of Default shall not excuse any Party from payment of any amounts outstanding and the non-Defaulting Party may assign all or any part of its right to receive such amounts to any third party, including, without limitation, debt collection agencies.
Actions Upon an Event of Default. If an Event of Default shall have occurred and be continuing, then (upon direction of the Agent in its sole discretion) the Agent may exercise in respect of the Collateral all of the rights and remedies of a secured party upon default under the UCC (such rights and remedies to be cumulative and nonexclusive), in addition to any and all other rights and remedies otherwise available to it, and, in addition, may take the following remedial actions:
(a) The Agent may with the consent of, or shall at the direction of, the Required Lenders in their sole discretion, without notice to the Borrower except as required by law and at any time or from time to time, charge, set-off and otherwise apply all or any part of the Obligations against amounts payable to the Borrower from the Accounts or any part of such account in accordance with the priorities required by Section 10.03.
(b) The Agent may with the consent of, or shall at the direction of, the Required Lenders in their sole discretion, without notice except as specified below, solicit and accept bids for and sell the Collateral or any part of the Collateral in one or more parcels at public or private sale, at any exchange, broker’s board or at any of the Agent’s or the Agent’s offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Agent may deem commercially reasonable. The Borrower agrees that, to the extent notice of sale shall be required by law, at least twenty (20) days’ notice to the Borrower of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Agent shall not be obligated to make any sale of Collateral regardless of notice of sale having been given. The Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed for such sale, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Every such sale shall operate to divest all right, title, interest, claim and demand whatsoever of the Borrower in and to the Collateral so sold, and shall be a perpetual bar, both at law and in equity, against the Borrower, any Person claiming the Collateral sold through the Borrower and its successors or assigns.
(c) Upon the completion of any sale under Section 10.01(b), the Borrower will deliver or cause to be delivered all of the Collateral sold to the purchaser or purchasers at such sale on the date...
Actions Upon an Event of Default. If any Event of Default shall have occurred and be continuing and the Administrative Agent shall have declared the Facility Maturity Date to have occurred or the Facility Maturity Date, as applicable, shall be deemed to have occurred pursuant to Section 8.01, then the Administrative Agent may exercise in respect of the Borrower Collateral, in addition to any and all other rights and remedies granted to it hereunder (including any rights under
