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. Upon the occurrence and during the continuance of an Event of Default and at the written direction of the Required Bondholders, the Trustee shall be permitted and is hereby authorized, subject to Sections 8.1 and 8.2, to take any and all actions and to exercise any and all rights, remedies and options relating to the Account Collateral which it may have hereunder and under the other Collateral Documents (including all remedies available at law or in equity). Without limiting the foregoing and except as otherwise expressly set forth herein, during the continuation of an Event of Default, the Trustee (acting at the written direction of the Required Bondholders) shall, by Disbursement Directions to the Accounts Bank, be permitted to apply all funds in the Pledged Accounts to the payment of the Secured Obligations.
Actions Upon an Event of Default. Upon the occurrence and during the continuance of an Event of Default and upon receipt of written instructions in accordance with the Intercreditor Agreement, the Collateral 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 hereunder, in each case, to the maximum extent permitted under applicable Requirements of Law.
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 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. So long as any Secured Obligation remains outstanding, the following provisions shall apply:
(a) Each Representative hereby agrees to give each other Representative and the Collateral Agent, at the address specified in Section 5.1 hereof, written notice of the occurrence of an Event of Default of which it is aware.
(b) Upon receipt by the Collateral Agent of written notice of the occurrence and continuance of an Event of Default pursuant to Section 3.4(a) hereof or by written notice of the occurrence and continuance of a default from the Hedge Counterparties pursuant to the Hedging Agreements, the Collateral Agent shall give written notice of the occurrence of such Event of Default or default to the Issuers.
(c) The Collateral Agent shall not be deemed to have actual, constructive, direct or indirect knowledge or notice of the occurrence of any Event of Default unless and until an Authorized Officer of the Collateral Agent has received a written notice or a certificate from a Secured Party stating that an Event of Default has occurred under their respective Financing Documents. The Collateral Agent shall have no obligation whatsoever either prior to or after receiving such notice or certificate to inquire whether an Event of Default has in fact occurred and shall be entitled to rely conclusively, and shall be fully protected in so relying, on any notice or certificate so furnished to it.
