Common use of Consequences of Default Clause in Contracts

Consequences of Default. If a default occurs, Lessor is entitled, at Lessor's sole option, to exercise any one or more of the following remedies: (i) Lessor may terminate this Agreement and immediately expel Lessee from the Premises. However, such action shall not be deemed to waive Lessor's right to collect all rent due for the period up to the time Lessor regains possession of the Premises, together with liquidated damages (not as a penalty) in the amount of three (3) months rent, calculated at the rate payable under this Agreement at the time of default. Lessee hereby assents to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contained in the Louisiana Code of Civil Procedure. (ii) Lessor may accelerate the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Term, as the case may be, at once due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor may, in the event Lessee abandons the Premises, reenter and retake possession of the Premises without legal proceedings as agent for Lessee, and may relet the Premises on such terms and conditions as Lessor may determine in its sole discretion, all without incurring any liability to Lessee and without being deemed to have terminated this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting shall be construed as an election by Lessor to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment of the Premises. (iv) Lessor may exercise any other remedy or method of redress accorded to it under Louisiana law.

Appears in 1 contract

Samples: Master Lease and Services Agreement (Osca Inc)

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Consequences of Default. If a default occurs, Lessor is entitled, at Lessor's sole option, to exercise any one or more an Event of the following remediesDefault shall occur: (ia) Lessor All of the indebtedness secured hereby shall become and be immediately due and payable at the option of the Mortgagee, without notice or demand, which are hereby expressly waived, and the Mortgagee may terminate proceed to foreclose this Agreement Mortgage and immediately expel Lessee from sell the PremisesMortgaged Property or otherwise pursue any right or remedy herein or by law provided. HoweverAt the foreclosure, Mortgagee shall be entitled to bid and purchase the Mortgaged Property and shall be entitled to apply the debt secured hereby, or any portion thereof, in payment for the Mortgaged Property. (b) Irrespective of whether Mortgagee accelerates the maturity of all indebtedness secured hereby, or institutes foreclosure proceedings, Mortgagee shall be entitled to the appointment of a receiver to enter upon and take and maintain full control of the Mortgaged Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the making of repairs to the Mortgaged Property and the execution or termination of contracts providing for the management or maintenance of the Mortgaged Property, all on such action terms as are deemed appropriate to protect the security of this Mortgage. The receiver shall be entitled to a reasonable fee for so managing the Mortgaged Property. All rents collected pursuant to this paragraph shall be applied first to the costs of taking control and managing the Mortgaged Property and collecting the rents, including but not limited to reasonable attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, costs of repair to the Mortgaged Property, premiums on insurance policies, taxes, assessments and other charges on the Mortgaged Property, and the costs of discharging any liability or obligation of Mortgagor as lessor or Landlord of the Mortgaged Property and then to the sums secured by this Mortgage. Mortgagee and the receiver shall have access to the books and records used in the operation and maintenance of the Mortgaged Property and shall be liable to account only for those rents actually received. Mortgagee shall not be deemed liable to waive Lessor's right to collect all rent due for Mortgagor, anyone claiming under or through Mortgagor, or anyone having an interest in the period up to Mortgaged Property by reason of anything done or left undone by Mortgagee under this paragraph. If the time Lessor regains possession rents of the PremisesMortgaged Property are not sufficient to meet the costs of taking control of and managing the Mortgaged Property and collecting the rents, together with liquidated damages (not as a penalty) in Mortgagee may at its sole option advance funds to meet the amount costs. Any funds expended by Mortgagee for such purposes shall become indebtedness of three (3) months rent, calculated Mortgagor to Mortgagee secured by this Mortgage. Such funds shall be payable on demand by Mortgagee and shall bear interest at the rate payable under this Agreement at the time of default. Lessee hereby assents to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contained provided in the Louisiana Code Note. The entering upon and taking and maintaining of Civil Procedurecontrol of the Mortgaged Property by the Mortgagee or the receiver and the application of the rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of Mortgagee hereunder. (iic) Lessor may accelerate the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Term, as the case may be, at once due and owingThe Mortgagee shall, in which event all such unpaid amounts shall be immediately payable. Additionally, addition to all other sums due hereunder become payable as rights and when Lessor ascertains remedies, have the amount thereof with reasonable certainty. (iii) Lessor may, in rights and remedies of a secured party under the event Lessee abandons the Premises, reenter and retake possession of the Premises without legal proceedings as agent for Lessee, and may relet the Premises on such terms and conditions as Lessor may determine in its sole discretion, all without incurring any liability to Lessee and without being deemed to have terminated this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the PremisesUniform Commercial Code, including without limitation, attorneys' fees and expenses, brokerage, leasingthe right to take possession of the Additional Property, and management commissionsfor that purpose the Mortgagee may: (i) so far as the Mortgagor can give authority therefor, enter upon any premises on which the Additional Property may be situated and remove the same therefrom; (ii) take possession or control of the Additional Property and the premises on which it is located; (iii) require the Mortgagor to assemble all other or any part of the Additional Property or records concerning the Additional Property and make such available to the Mortgagee at a place to be designated by the Mortgagee which is reasonably convenient to both parties; (iv) sell or otherwise dispose of all or any part of the inventory on any premises where then located without being liable to the Mortgagor on account of any loss, damage or depreciation that may occur as a result thereof so long as the Mortgagee shall act in a commercially reasonable expenses that Lessor manner; (v) use all trademarks, service marks, trade names, trade styles, logos, goodwill, trade secrets, franchises, licenses and patents which the Mortgagor now has or may incur hereafter acquire, including the right to use or license the use of said marks, names, styles, logos and goodwill in connection with the sale of goods or the rendering of services, in the conduct of service, advertising, promotion and the like; and (vi) lease or license third persons or entities for such relettingpurpose. No such reletting Unless the Additional Property is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Mortgagee shall be construed as an election by Lessor give to terminate this Agreement unless a the Mortgagor at least thirty (30) days’ prior written notice (which Mortgagor agree is “reasonable notification” within the meaning of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment Section 9-504 of the Premises. (ivUniform Commercial Code of the State of South Carolina) Lessor may exercise of the time and place of any public sale or any other remedy or method intended disposition of redress accorded the Additional Property is to it under Louisiana lawbe made.

Appears in 1 contract

Samples: Mortgage of Real Estate, Security Agreement and Financing Statement (Adcare Health Systems, Inc)

Consequences of Default. If any Default shall have occurred, then Lessor, in addition to all other rights and remedies available to it by law or equity or by any other provisions hereof, may at any time thereafter: 1. Declare the rent for the entire unexpired balance of the then current term of this Lease, as well as all other charges, payments, costs and expenses herein agreed to be paid by Lessee, 66 or at the option of Lessor any part thereof, in addition to any and all installments of rent already due and payable and in arrears and/or any other charge or payment herein reserved, included or agreed to be treated or collected as rent, and/or any other charge, expense or costs herein agreed to be paid by Lessee which may be due and payable and in arrears, as if by the terms and provisions of this Lease, the whole balance of unpaid rent and other charges, payments, taxes, costs and expenses were on that date payable in advance, to be immediately due and payable to Lessor, discounted, however, to present value based on a default occurs, Lessor discount rate (the "Effective Rate") equal to the weighted average of the rates charged with respect to the Acquisition Loan and the Addition Permanent Financing (if there is entitled, at Addition Permanent Financing) (the "Accelerated Rent"). Lessor's sole optioncharges, payments, costs and expenses herein agreed to exercise any one or more be paid by Lessee up to the end of the following remedies: (i) Lessor may terminate this Agreement and immediately expel Lessee from term of the Premises. However, such action Lease which shall not be deemed to waive capable of precise determination shall be determined by Lessor's good faith estimate. 2. As an alternative remedy, give Lessee notice of Lessor's intention to terminate this Lease on a date specified in such notice, which date shall not be less than five (5) days after the date of giving of such notice, and upon the giving of such notice, the Lease term and the estate hereby granted shall expire on the date so specified in said notice with the same effect as if the date specified in said notice were the date hereinbefore fixed for the expiration of the Lease term. Upon such termination, Lessor shall have the right (in addition to collect all other rights contained herein) to recover from Lessee, on demand, as and for liquidated and agreed final damages for Lessee's default, an amount equal to the difference between the rent due reserved under this Lease, for the period up to commencing upon the time Lessor regains possession date of such termination and ending upon the Premises, together with liquidated damages (not as a penalty) date which the Lease term would have expired if this Lease had remained in the amount of three (3) months rent, calculated at the rate payable under this Agreement at the time of default. Lessee hereby assents to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contained in the Louisiana Code of Civil Procedure. (ii) Lessor may accelerate the rent and declare all unpaid installments of rent effect for the Base Term or the then current Renewal Termterm, as and the case may be, at once due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor may, in the event Lessee abandons the Premises, reenter and retake possession then fair rental value of the Demised Premises without legal proceedings as agent for Lesseea like period, and may relet the Premises on such terms and conditions as Lessor may determine in its sole discretiondiscounted, all without incurring any liability to Lessee and without being deemed to have terminated this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor shall in no way be responsible or liable for any failure, nor shall Lessor have any obligationhowever, to relet present value based upon a discount rate equal to the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting shall be construed as an election by Lessor to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment of the PremisesEffective Rate. (iv) Lessor may exercise any other remedy or method of redress accorded to it under Louisiana law.

Appears in 1 contract

Samples: Lease Agreement (Marlton Technologies Inc)

Consequences of Default. 23.1 If a default occurs, Lessor is entitled, at Lessor's sole option, to exercise any one or more time during the continuance of the following remediesthis Agreement: (ia) Lessor may terminate this Agreement and immediately expel Lessee from an Event of Default or cross default under clause 22.3 occurs; (b) the Premises. However, such action Dealer commits a breach of or shall not be deemed fail to waive Lessor's right to collect all rent due for the period up to the time Lessor regains possession observe or perform any of the Premises, together with liquidated damages (not as a penalty) in the amount of three (3) months rent, calculated at the rate payable under this Agreement at the time of default. Lessee hereby assents to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contained in the Louisiana Code of Civil Procedure.other conditions herein expressed or implied; (iic) Lessor may accelerate the rent and declare all unpaid installments of rent for the Base Term Vehicles or the then current Renewal Term, as Assets is seized or expropriated whether lawfully or not by government or any other authority; or (d) the case may be, at once principal (or any part thereof) and other monies hereby secured becomes immediately due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor may, in the event Lessee abandons the Premises, reenter and retake possession of the Premises without legal proceedings as agent for Lessee, and may relet the Premises on such terms and conditions as Lessor may determine in its sole discretion, all without incurring any liability to Lessee and without being deemed to have terminated this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1Momentum shall: i. terminate the Facility; ii. declare that the Facility (inclusive all Fees and charges) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting amounts outstanding under these this Agreement is immediately due and payable, whereupon the Dealer shall be construed as an election by Lessor required to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessorsettle the Facility with immediate effect; iii. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment freeze any of the Premises.Dealer’s unutilized funds in the Dealer’s Facility account, deny the Dealer access to the funds, any decline any Requests, until such Outstanding Repayments are settled in full by the Dealer; iv. submit information concerning the default to Credit Reference Bureaus; v. take all lawful measures including engaging debt collection agencies, auctioneers and instruct Momentum’s advocates to file a civil suit against the Dealer to recover the amount in default; vi. if a Dealer defaults on any of the facilities and services granted to him by Momentum alongside the Facility, which facilities may include, invoice factoring facility and/or insurance premium finance facility, Momentum is entitled to exercise its rights to offset and withhold the Vehicles during such default; vii. where the Dealer has an existing insurance premium finance facility running concurrently with the Facility and fails to remit one of any monthly instalments on their due date for the insurance premium finance facility, on the eighth (iv8th) Lessor may exercise any other remedy or method of redress accorded day after the due date, a repayment shall be initiated by Momentum in the insurance premium finance facility and the same amount added to it under Louisiana law.the Dealer’s Facility account;

Appears in 1 contract

Samples: Motor Vehicle Import Financing Agreement

Consequences of Default. If In the event of the Allottee’s(s’) failure to effect the cure of the default as aforesaid within the specified period and pay simple interest under this Agreement on the delayed/defaulted instalment, the Promoter shall be entitled to terminate this Agreement. Upon termination of this Agreement by the Promoter in event of default by the Allottee(s), the Promoter shall process the refund to the Allottee(s) of the moneys which may till the date of termination have been paid by the Allottee(s), subject to adjustments and recovery of the amounts specified hereunder and in the manner stated herein: 2.7.1 The refund shall be made as soon as the Promoter receives the booking amount from a default occursnew allottee of the Apt. or within 60 days of the termination, Lessor whichever is entitledearlier, without any interest, compensation or claim for any damage or costs, charges and expenses whatsoever and after the execution and registration by the Allottee(s), at Lessor's sole optionhis/her/their costs, to exercise any one or more of a deed of cancellation in favour of the Promoter, if so required. 2.7.2 Notwithstanding anything contained above and subject to clause 2.7.1 above, the Promoter is entitled and hereby authorized to deduct the following remedies:amounts from the sum to be refunded, viz. (ia) Lessor termination fee, if any, that the Promoter may terminate levy at its discretion to recover the direct costs of the termination including the documentation charges, costs of remarketing of the Apt. and other expenses; (b) commission/ brokerage paid by the Promoter to the real estate agent, if any, who introduced the Allottee(s) to the Promoter or served as broker/ intermediary of or on behalf of the Allottee(s) and who fails to refund the commission/brokerage that was paid to them by the Promoter; and (c) all taxes and statutory impositions that may have been paid by then to the concerned authorities by the Promoter in respect of each of the amounts/ instalments paid by the Allottee(s) under this Agreement and immediately expel Lessee from the Premises. However, such action shall that are not be deemed to waive Lessor's right to collect all rent due for the period up refundable or adjustable to the time Lessor regains possession Allottee(s) for breach of the Premisesterms of this Agreement and refund the remaining amounts to the Allottee(s). 2.7.3 The Allottee(s) agree(s) that upon termination of this Agreement as aforesaid, together with liquidated damages (not as a penalty) in the amount Promoter shall be released and discharged of three (3) months rent, calculated at the rate payable any and all liabilities and obligations under this Agreement and the Allottee(s) hereby irrevocably authorizes the Promoter to dispose off and sell the Apt. and all rights incidental thereto to such person or persons at the time of default. Lessee hereby assents to the foregoing such price and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contained in the Louisiana Code of Civil Procedure. (ii) Lessor may accelerate the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Term, as the case may be, at once due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor may, in the event Lessee abandons the Premises, reenter and retake possession of the Premises without legal proceedings as agent for Lessee, and may relet the Premises on such terms and conditions as Lessor the Promoter may determine deem and think fit in its sole discretionabsolute discretion and the Allottee(s) shall not be entitled to question or raise any objection to the same or challenge such subsequent agreement/transaction or claim from the Promoter any amount other than the refund of the amount actually paid by the Allottee(s) to the Promoter and this Agreement (and related documents, all without incurring any liability to Lessee and without being if any) shall be deemed to stand cancelled and the Allottee(s) shall cease to have terminated this Agreementany right, evicted Lesseetitle, interest, claim or relieved Lessee demand of any nature whatsoever under this Agreement and/or against the Promoter. 2.7.4 If the Allottee(s) cancel(s) this Agreement through no default of its obligations the Promoter or the cancellation is consequent to a default of the Allottee(s), the Promoter shall not be liable to pay to the Allottee(s) any interest, compensation, damages, costs or otherwise. In any event the Promoter shall not be liable to reimburse to the Allottee(s) any government charges, stamp duty, registration fees, taxes etc. The amount specified above shall be accepted by the Allottee(s) in full satisfaction of all his/her/their claim under this Agreement and/or in or to the Apt. 2.7.5 In the event of termination of this Agreement by the Promoter, the notice of termination itself would be treated as cancellation of this Agreement. Lessor However, this does not absolve the obligation of the Allottee(s) to execute and register the deed of cancellation as stated hereinabove, if so required and the Allottee’s(s’) refund, if any, shall be subject to the deed of cancellation being executed and registered. The stamp duty and registration charges for such deed of cancellation shall be borne by the Allottee(s). 2.7.6 No interest shall be payable if the termination is due to any breach or default by the Allottee(s) that is not cured despite issue by the Promoter of a notice to him/her/them. 2.7.7 Without prejudice to whatever stated in no way this clause, none of the other rights, remedies, contentions, compensation and claims available to the Promoter against the Allottee(s) on facts and in law and/or as a result of such termination, shall however, be responsible adversely affected or liable for prejudiced. 2.7.8 The refund shall not include any failureamount paid towards stamp duty, nor shall Lessor have registration charges, electricity charges, deposits paid to anybody / or authority, GST, or any obligationother tax whatsoever, to relet or any amount not received by the Premises. Lessor expressly reserves Promoter towards the right to collect and receive all rents arising from such reletting. Lessee consideration of the Apt. 2.7.9 The Allottee(s) confirm(s) that he/she/they will not be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting shall be construed as an election by Lessor to terminate this Agreement unless for any reason whatsoever, other than on account of Promoter's failure to handover possession of Apt. within the stipulated period in this Agreement. Upon the execution and registration of the aforesaid deed of cancellation, the Promoter shall provide the Allottee(s) with a notice letter of authority to enable the Allottee(s) to claim and collect the refund of stamp duty or any other government taxes paid under this Agreement (as applicable). In the event the Allottee(s) delays in coming forth for the registration of the aforesaid deed of cancellation, no interest shall be payable for such delayed period. 2.7.10 In case refund for the amounts paid such as government charges, stamp duty, GST, registration fees etc. shall have to be claimed directly by the Allottee(s) from the concerned authority. 2.7.11 In the event of the Allottee(s) committing default of the payment of the instalments of the consideration amount and in the event of the Promoter exercising their right to terminate this Agreement, the Allottee(s) hereby undertake(s) to clear the mortgage/ debt outstanding to the HFI at the time of the said termination. The Allottee(s) shall obtain the necessary letter from the HFI stating that the Allottee(s) has cleared the mortgage debt. On receipt of such intention letter from the HFI the Allottee(s) shall be entitled to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment the refund of the Premisesamount so paid by him/her/them to the Promoter towards the Apt. However, the Promoter shall directly pay the amount payable to the HFI or other such by the Allottee(s) from the amount standing to his/her/their credit with the Promoter towards the Apt. and (paid by him/her/them to the Promoter towards the consideration amount) to the extent so as to clear the mortgage debt and only on receipt of such letter of clearance of mortgage debt from the HFI shall the Allottee(s) be entitled to the refund of the remainder amount standing credited to the account of the Allottee(s) with the Promoter. (iv) Lessor may exercise any other remedy or method of redress accorded to it under Louisiana law.

Appears in 1 contract

Samples: Sale Agreement

Consequences of Default. If a default occurs, Lessor is entitled, at Lessor's sole option, to exercise Upon Occurrence of any one or more of the following remedies:events of default, the Borrower and the Guarantor shall be obliged to update the account together with bank charges, cheque bounce charges, overdue interest at the rate specified in Schedule 2 of this Agreement. The Lender may at any time thereafter, (ia) Lessor may terminate this Agreement and immediately expel Lessee from the Premises. However, such action shall not be deemed to waive Lessor's right to collect all rent due for the period up Issue a notice to the Borrower giving him a minimum of seven days time Lessor regains to update the dues pending as on that date. b) In case of the Borrower alienating or secreting or keeping the Asset beyond the reach of the Lender, or the Borrower using the Asset for unlawful purposes or the Borrower subjecting the Asset to abnormal wear and tear and / or alienating such other Assets of the Borrower which provide additional cover to the Lender for recovery of the amount due under the Agreement, the Lender shall be entitled to take such steps including seizure of the hypothecated Asset and invoking of the Guarantee without any notice to the Borrower. c) On expiry of the notice period, if the dues are not paid as demanded therein, then the Lender may at its sole discretion either by itself or acting through its agent or receiver, enter upon the premises where such Vehicle is located and take possession / seizure of the Vehicle and remove the same, all without any liability to the Lender or its agent, for such entry or damage to the property or otherwise. For this purpose the Borrower hereby expressly grants irrevocable authority to the Lender to enter upon the premises and exercise its rights under this clause. The Lender will be well within his rights to use tow-van or any carrier to carry away the Asset. The Borrower shall be liable to pay any towing charges and any other expenses incurred by the Lender in connection with the seizure of the Asset and for its sale etc. d) On taking possession of the PremisesVehicle, the Lender shall terminate the Agreement and call upon the Borrower to pay the entire amount due under the Agreement including the future dues together with liquidated damages (not as a penalty) in may be determined by the amount Lender. A minimum notice period of three (3) months rent, calculated at the rate payable under this Agreement at the time of default. Lessee hereby assents seven days shall be provided to the foregoing and expressly waives all legal notice Borrower to vacate settle the Premisesaccount, including, without limitation, any notice requirements contained in the Louisiana Code of Civil Procedure. (ii) Lessor may accelerate the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Term, as the case may be, at once due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor may, in the event Lessee abandons the Premises, reenter and retake on taking possession of the Premises without legal proceedings vehicle. e) If the Borrower and / or the Guarantors do not settle the account within the time so provided by the Lender, the Lender may proceed to sell the vehicle in “as agent is where is” condition, by Public Auction either on Web sites or through third parties by private sale or by displaying the details of vehicles offered for Lessee, and may relet sale on the Premises on such terms and conditions as Lessor may determine notice Board in its sole discretion, all without incurring any liability to Lessee and without being deemed to have terminated this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting shall be construed as an election by Lessor to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment branch office of the PremisesLender or in any manner as deemed appropriate by the Lender. However, if the Borrower settles the account within the notice period, then the Lender shall redeliver the Vehicle to the Borrower. (iv) Lessor may exercise any other remedy or method of redress accorded to it under Louisiana law.

Appears in 1 contract

Samples: Loan Agreement

Consequences of Default. If a default occurs, Lessor is entitled, at Lessor's sole option, to exercise Upon Occurrence of any one or more of the following remedies:events of default, the Borrower and the Guarantor shall be obliged to update the account together with bank charges, cheque bounce charges, overdue interest at the rate specified in Schedule 2 of this Agreement. The Lender may at any time thereafter, (ia) Lessor may terminate this Agreement and immediately expel Lessee from the Premises. However, such action shall not be deemed to waive Lessor's right to collect all rent due for the period up Issue a notice to the Borrower giving him a minimum of seven days time Lessor regains to update the dues pending as on that date. b) In case of the Borrower alienating or secreting or keeping the Asset beyond the reach of the Lender, or the Borrower using the Asset for unlawful purposes or the Borrower subjecting the Asset to abnormal wear and tear and / or alienating such other Assets of the Borrower which provide additional cover to the Lender for recovery of the amount due under the Agreement, the Lender shall be entitled to take such steps including seizure of the hypothecated Asset and invoking of the Guarantee without any notice to the Borrower. c) On expiry of the notice period, if the dues are not paid as demanded therein, then the Lender may at its sole discretion either by itself or acting through its agent or receiver, enter upon the premises where such Vehicle is located and take possession / seizure of the Vehicle and remove the same, all without any liability to the Lender or its agent, for such entry or damage to the property or otherwise. For this purpose the Borrower hereby expressly grants irrevocable authority to the Lender to enter upon the premises and exercise its rights under this clause. The Lender will be well within his rights to use tow-van or any carrier to carry away the Asset. The Borrower shall be liable to pay any towing charges and any other expenses incurred by the Lender in connection with the seizure of the Asset and for its sale etc. d) On taking possession of the PremisesVehicle, the Lender shall terminate the Agreement and call upon the Borrower to pay the entire amount due under the Agreement including the future dues together with liquidated damages (as may be determined by the Lender. A minimum notice period of seven days shall be provided to the Borrower to settle the account, on taking possession of the vehicle. e) If the Borrower and / or the Guarantors do not settle the account within the time so provided by the Lender, the Lender may proceed to sell the vehicle in “as a penalty) is where is” condition, by Public Auction either on Web sites or through third parties by private sale or by displaying the details of vehicles offered for sale on the notice Board in the amount branch office of three the Lender or in any manner as deemed appropriate by the Lender. However, if the Borrower settles the account within the notice period, then the Lender shall redeliver the Vehicle to the Borrower. f) On sale of the Vehicle, if there is any shortfall in the account then the Lender shall issue a notice to the Borrower calling on him to pay the shortfall amount, and the Borrower is liable to pay the same within seven days from the date of notice together with interest (3) months rent, calculated at the rate payable as specified in schedule 2) till date of payment. On the contrary if there is any surplus on sale of the vehicle then the Lender shall refund such surplus amount to the Borrower. g) The Lender shall be entitled to recover from the Borrower and the Guarantor/s all expenses (including legal costs on full indemnity basis) incurred by or on behalf of the Lender in ascertaining the whereabouts of the Asset, taking possession, garaging, insuring, transporting and selling the Asset and of any legal proceedings that may be filed by or on behalf of the Lender to enforce the provisions of the Agreement. It is expressly clarified that the remedies referred to hereinabove shall be in addition to and without prejudice to any other remedy available to the Lender either under this Agreement, or under any other Agreement at the time of default. Lessee hereby assents / undertaking, or in law or equity. h) Notwithstanding anything to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contrary contained in the Louisiana Code of Civil Procedure. (ii) Lessor Indian Contract Act, the Lender or its officers, agents or nominees shall not be in any way responsible for any loss, damage, limitation, or depreciation that the hypothecated Asset may accelerate suffer or sustain on any account whatsoever whilst the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Term, as the case may be, at once due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor may, same is in the event Lessee abandons the Premises, reenter and retake possession of the Premises without legal proceedings as agent for LesseeLender or its officers, agents or nominees or because of exercise or non-exercise of the rights, powers, or remedies available to the Lender or its officers, agents or nominees and all such loss, damage or depreciation shall be debited to the account of the Borrower and the Guarantor/s, howsoever the same may relet have been caused. I) Notwithstanding any other rights available to the Premises on such terms and conditions as Lessor may determine in its sole discretion, all without incurring any liability to Lessee and without being deemed to have terminated Lender under this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor the Lender shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor initiate any other appropriate actions against the rent payable hereunder, which credit will apply after Lessor Borrower and /or the Guarantor(s) if at any time the Lender at its sole discretion has deducted from such rents: 1sufficient grounds to believe that the Borrower and /or the Guarantor(s) all expenses Lessor may incur in reentering has / have made any misrepresentations and / or submitted any forged documents or fabricated data to the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting shall be construed as an election by Lessor to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment of the PremisesLender. (iv) Lessor may exercise any other remedy or method of redress accorded to it under Louisiana law.

Appears in 1 contract

Samples: Loan Agreement

Consequences of Default. a) If any event of default or any event which, after the notice or lapse of time or both would constitute an event of default shall have happened, the Borrower shall forthwith give the Bank notice thereof in writing specifying such event of default, or such event. The Borrower shall also promptly inform the Bank if and when any statutory notice of winding-up under the provisions of the Companies Act, 1956 or any other law or of any suit or legal process intended to be filed/initiated against the Borrower, is received by the Borrower. b) If the Borrower makes default in payment of the said Dues or any part thereof, the bank would be at liberty (but not bound to do so) to appoint its nominee as Receiver without having resort to a default occurs, Lessor is entitled, at Lessor's sole optionCourt of Law and/or to a proceeding in Court, to exercise any one or more of the following remedies: (i) Lessor may terminate this Agreement and immediately expel Lessee from the Premises. However, such action shall not be deemed to waive Lessor's right to collect all rent due for the period up to the time Lessor regains take possession of the Premisesproperties of the Borrower held /to be held by the Bank as security for the Credit Facility hereunder or under any other security document(s) executed / to be executed by the Borrower and/or the Guarantor/s in favour of the Bank, together with liquidated damages (not in whatever capacity, and the Bank shall also be entitled to resort to any or all the legal remedies as provided under this Agreement. c) On the question whether any of the above events/circumstances has occurred/happened, the decision of the Bank shall be final, conclusive and binding on the Borrower. d) In case of breach of the terms or in case of any of the events happening as stated hereinbefore, the Bank would have the full rights to sell, dispose off or realise the said securities, either by private treaty or public auction, at the sole discretion of the bank, on such terms and for such price that the Bank thinks fit, and apply the net proceeds towards the satisfaction of the balance outstanding in the Credit Facility account including charges, expenses, etc. or any other facility in whatever capacity. e) The Borrower hereby agrees as a penalty) pre-condition of the said credit Facility/ies being granted to it that in case the Borrower commit default in the repayment of the Credit Facility/ies or in the repayment of interest thereon or any of the agreed instalment of the Credit Facility/ies on due date/s, apart from the levy of penal charges and such charges, the Bank and/or Reserve Bank of India will have an unqualified right to disclose or publish its name or the name of its directors/partners/proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. f) The Borrower confirms unconditionally and irrevocably that it shall have no objection in case the Bank decides to assign/sell a part of the entire Credit Facility/credit Facility along with securities of the said machinery/goods/properties etc. to another Bank/institution/limited company/ Government body or department (“assignee/buyer”). In such case the Borrower shall become the primary Borrower of such assignee /buyer and shall at no point of time raise any objection, legal or otherwise regarding assignment, transfer and sale of the securities by the Bank in favour of the assignee / buyer. g) Upon the borrower opting for any scheme or accepting any offer from his employer providing for any benefit for resigning or retiring from the employment prior to superannuation, or upon the employer terminating his employment for any reason or upon the borrower resigning or retiring from the service of the employer for any reason whatsoever then notwithstanding anything to the contrary contained in this agreement or any letter or document, the entire outstanding principal amount of three (3) months rentthe loan as well as any outstanding interest and other dues thereof shall be payable by the borrower to Bank from the amount or amounts received by him from the employer under such scheme or offer, calculated at the rate payable under this Agreement at the time of default. Lessee hereby assents to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, or any notice requirements contained in the Louisiana Code of Civil Procedure. (ii) Lessor may accelerate the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Termterminal benefit, as the case may be, at once due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor mayProvided however, in the event Lessee abandons of the Premisessaid amount or amounts being insufficient to repay the said sums in full, reenter the unpaid amount remaining due to Bank shall be paid by the borrower in such manner as Bank may in its sole discretion and retake the payment will be made by the borrower accordingly notwithstanding anything stated in the Agreement and the Schedule. The borrower hereby irrevocably authorise, Bank to communicate with and receive the said amounts from his employer directly. h) Further, the Bank shall be entitled to forthwith take physical possession of the Premises without legal proceedings as agent for LesseeProperties hypothecated and/or mortgaged to the Bank (“properties”) and alienate sell, transfer the said properties either by itself or through its agents and may relet sell or otherwise deal with the Premises on such terms same to enforce the bank's security and conditions as Lessor may determine in its recover the dues, under private treaty or public auction, at the sole discretion, all without incurring any liability discretion of the bank. i) The Borrower agrees and undertakes not to Lessee prevent or obstruct the Bank from taking possession of the properties and without being deemed to have terminated this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet that the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee Bank's representatives will be entitled to credit sell, give on rent, or otherwise deal with the properties by public or private auction or private treaty, without being liable for any loss, and to apply the net proceeds thereof as specified in these presents. j) The Borrower shall pay any deficiency, forthwith to the Bank. The Bank shall also be entitled to adjust any other amount of the Borrower, towards payment of such rents actually received by Lessor deficiency. Nothing contained in this clause shall oblige the bank to sell, hire or deal with the properties and the banks shall be entitled to proceed against the rent payable hereunderBorrower independently of such of any other security. The Borrower agrees to accept the bank's accounts in respect of such sale, which credit will apply after Lessor has deducted from such rents: 1hire or dealing as conclusive. k) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting The Bank shall be construed as an election by Lessor entitled to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment take possession of the Premisesproperties, irrespective of whether the loan has been recalled whenever in the opinion of the Bank, there is an apprehension of any money not being paid or the Bank's security is being jeopardised. (ivl) Lessor The Bank shall be entitled to sell, assign, securitise or transfer, the Bank's rights and obligations hereunder to any person, company, partnership, agency of the Bank's choice in whole or in part and in such manner and on such terms as the Bank may exercise decide. Any such sale, assignment, securitisation or transfer shall conclusively bind the Borrowers. m) The Bank may at the risk and cost of the Borrower engage one or more person(s) to collect the Borrower's outstanding and /or to enforce any other remedy security and may furnish to such person the right and authority to perform and execute all acts, deeds, matters and things connected therewith or method of redress accorded to it under Louisiana lawincidental thereto as the Bank thinks fit.

Appears in 1 contract

Samples: Loan Agreement

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Consequences of Default. If a default occurs, Lessor is entitled, at Lessor's sole option, to exercise Upon Occurrence of any one or more of the following remedies:events of default, the Borrower and the Guarantor shall be obliged to update the account together with bank charges, cheque bounce charges, overdue interest at the rate specified in Schedule 2 of this Agreement. The Lender may at any time thereafter, (ia) Lessor may terminate this Agreement and immediately expel Lessee from the Premises. However, such action shall not be deemed to waive Lessor's right to collect all rent due for the period up Issue a notice to the Borrower giving him a minimum of seven days time Lessor regains to update the dues pending as on that date. b) In case of the Borrower alienating or secreting or keeping the Asset beyond the reach of the Lender, or the Borrower using the Asset for unlawful purposes or the Borrower subjecting the Asset to abnormal wear and tear and / or alienating such other Assets of the Borrower which provide additional cover to the Lender for recovery of the amount due under the Agreement, the Lender shall be entitled to take such steps including seizure of the hypothecated Asset and invoking of the Guarantee without any notice to the Borrower. c) On expiry of the notice period, if the dues are not paid as demanded therein, then the Lender may at its sole discretion either by itself or acting through its agent or receiver, enter upon the premises where such Vehicle is located and take possession / seizure of the Vehicle and remove the same, all without any liability to the Lender or its agent, for such entry or damage to the property or otherwise. For this purpose the Borrower hereby expressly grants irrevocable authority to the Lender to enter upon the premises and exercise its rights under this clause. The Lender will be well within his rights to use tow-van or any carrier to carry away the Asset. The Borrower shall be liable to pay any towing charges and any other expenses incurred by the Lender in connection with the seizure of the Asset and for its sale etc. d) On taking possession of the PremisesVehicle, the Lender shall terminate the Agreement and call upon the Borrower to pay the entire amount due under the Agreement including the future dues together with liquidated damages (as may be determined by the Lender. A minimum notice period of seven days shall be provided to the Borrower to settle the account, on taking possession of the vehicle. e) If the Borrower and / or the Guarantors do not settle the account within the time so provided by the Lender, the Lender may proceed to sell the vehicle in “as a penalty) is where is” condition, by Public Auction either on Web sites or through third parties by private sale or by displaying the details of vehicles offered for sale on the notice Board in the amount branch office of three the Lender or in any manner as deemed appropriate by the Lender. However, if the Borrower settles the account within the notice period, then the Lender shall redeliver the Vehicle to the Borrower. f) On sale of the Vehicle, if there is any shortfall in the account then the Lender shall issue a notice to the Borrower calling on him to pay the shortfall amount, and the Borrower is liable to pay the same within seven days from the date of notice together with interest (3) months rent, calculated at the rate payable as specified in schedule 2) till date of payment. On the contrary if there is any surplus on sale of the vehicle then the Lender shall refund such surplus amount to the Borrower. g) The Lender shall be entitled to recover from the Borrower and the Guarantor/s all expenses (including legal costs on full indemnity basis) incurred by or on behalf of the Lender in ascertaining the whereabouts of the Asset, taking possession, garaging, insuring, transporting and selling the Asset and of any legal proceedings that may be filed by or on behalf of the Lender to enforce the provisions of the Agreement. It is expressly clarified that the remedies referred to hereinabove shall be in addition to and without prejudice to any other remedy available to the Lender either under this Agreement, or under any other Agreement at the time of default. Lessee hereby assents / undertaking, or in law or equity. h) Notwithstanding anything to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contrary contained in the Louisiana Code of Civil Procedure. (ii) Lessor Indian Contract Act, the Lender or its officers, agents or nominees shall not be in any way responsible for any loss, damage, limitation, or depreciation that the hypothecated Asset may accelerate suffer or sustain on any account whatsoever whilst the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Term, as the case may be, at once due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor may, same is in the event Lessee abandons the Premises, reenter and retake possession of the Premises without legal proceedings as agent for LesseeLender or its officers, agents or nominees or because of exercise or non-exercise of the rights, powers, or remedies available to the Lender or its officers, agents or nominees and all such loss, damage or depreciation shall be debited to the account of the Borrower and the Guarantor/s, howsoever the same may relet have been caused. i) Notwithstanding any other rights available to the Premises on such terms and conditions as Lessor may determine in its sole discretion, all without incurring any liability to Lessee and without being deemed to have terminated Lender under this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor the Lender shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor initiate any other appropriate actions against the rent payable hereunder, which credit will apply after Lessor Borrower and /or the Guarantor(s) if at any time the Lender at its sole discretion has deducted from such rents: 1sufficient grounds to believe that the Borrower and /or the Guarantor(s) all expenses Lessor may incur in reentering has / have made any misrepresentations and / or submitted any forged documents or fabricated data to the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting shall be construed as an election by Lessor to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment of the PremisesLender. (iv) Lessor may exercise any other remedy or method of redress accorded to it under Louisiana law.

Appears in 1 contract

Samples: Loan Agreement

Consequences of Default. If a default occurs, Lessor is entitled, at Lessor's sole option, to exercise Upon Occurrence of any one or more of the following remedies:events of default, the Borrower and the Guarantor shall be obliged to update the account together with bank charges, cheque bounce charges, overdue interest at the rate specified in Schedule 2 of this Agreement. The Lender may at any time thereafter, (ia) Lessor may terminate this Agreement and immediately expel Lessee from the Premises. However, such action shall not be deemed to waive Lessor's right to collect all rent due for the period up Issue a notice to the Borrower giving him a minimum of seven days time Lessor regains to update the dues pending as on that date. b) In case of the Borrower alienating or secreting or keeping the Asset beyond the reach of the Lender, or the Borrower using the Asset for unlawful purposes or the Borrower subjecting the Asset to abnormal wear and tear and / or alienating such other Assets of the Borrower which provide additional cover to the Lender for recovery of the amount due under the Agreement, the Lender shall be entitled to take such steps including seizure of the hypothecated Asset and invoking of the Guarantee without any notice to the Borrower. c) On expiry of the notice period, if the dues are not paid as demanded therein, then the Lender may at its sole discretion either by itself or acting through its agent or receiver, enter upon the premises where such Vehicle is located and take possession / seizure of the Vehicle and remove the same, all without any liability to the Lender or its agent, for such entry or damage to the property or otherwise. For this purpose the Borrower hereby expressly grants irrevocable authority to the Lender to enter upon the premises and exercise its rights under this clause. The Lender will be well within his rights to use tow-van or any carrier to carry away the Asset. The Borrower shall be liable to pay any towing charges and any other expenses incurred by the Lender in connection with the seizure of the Asset and for its sale etc. d) On taking possession of the PremisesVehicle, the Lender shall terminate the Agreement and call upon the Borrower to pay the entire amount due under the Agreement including the future dues together with liquidated damages (as may be determined by the Lender. A minimum notice period of seven days shall be provided to the Borrower to settle the account, on taking possession of the vehicle. e) If the Borrower and / or the Guarantors do not settle the account within the time so provided by the Lender, the Lender may proceed to sell the vehicle in “as a penalty) is where is” condition, by Public Auction either on Web sites or through third parties by private sale or by displaying the details of vehicles offered for sale on the notice Board in the amount branch office of three the Lender or in any manner as deemed appropriate by the Lender. However, if the Borrower settles the account within the notice period, then the Lender shall redeliver the Vehicle to the Borrower. f) On sale of the Vehicle, if there is any shortfall in the account then the Lender shall issue a notice to the Borrower calling on him to pay the shortfall amount, and the Borrower is liable to pay the same within seven days from the date of notice together with interest (3) months rent, calculated at the rate payable as specified in schedule 2) till date of payment. On the contrary if there is any surplus on sale of the vehicle then the Lender shall refund such surplus amount to the Borrower. g) The Lender shall be entitled to recover from the Borrower and the Guarantor/s all expenses (including legal costs on full indemnity basis) incurred by or on behalf of the Lender in ascertaining the whereabouts of the Asset, taking possession, garaging, insuring, transporting and selling the Asset and of any legal proceedings that may be filed by or on behalf of the Lender to enforce the provisions of the Agreement. It is expressly clarified that the remedies referred to hereinabove shall be in addition to and without prejudice to any other remedy available to the Lender either under this Agreement, or under any other Agreement at the time of default. Lessee hereby assents / undertaking, or in law or equity. h) Notwithstanding anything to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contrary contained in the Louisiana Code Indian Contract Act, the Lender or its officers, agents or nominees shall not be in any way responsible for any loss, damage, limitation, or depreciation that the hypothecated Asset may suffer or sustain on any account whatsoever whilst the same is in the possession of Civil Procedurethe Lender or its officers, agents or nominees or because of exercise or non-exercise of the rights, powers, or remedies available to the Lender or its officers, agents or nominees and all such loss, damage or depreciation shall be debited to the account of the Borrower and the Guarantor/s, howsoever the same may have been caused. (iii) Lessor may accelerate Notwithstanding any other rights available to the rent Lender under this Agreement, the Lender shall be entitled to initiate any other appropriate actions against the Borrower and declare all unpaid installments of rent for /or the Base Term Guarantor(s) if at any time the Lender at its sole discretion has sufficient grounds to believe that the Borrower and /or the Guarantor(s) has / have made any misrepresentations and / or submitted any forged documents or fabricated data to the then current Renewal TermLender. j) Declare the accounts as a SMA or NPA, as the case may be. An illustration as to when a loan will be treated as a SMA or NPA is given below. Illustration - SMA/NPA Clasification SMA sub categories for loans Basisforclasificationwheretheamount iswhollyorpartlyoverdue SMA - 0 Upto 30 days SMA - 1 More than 30 days upto 60 days SMA - 2 More than 60 days upto 90 days In the above context, at once it is clarified that the borrower account will be classified as overdue as part of the day-end process for the due and owingdate, in which event all irrespective of the time of running of such unpaid amounts process. Similarly the classification of NPA shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains done where the amount thereof with reasonable certainty. (iii) Lessor may, in is due for more than 90 days as the event Lessee abandons the Premises, reenter and retake possession end of the Premises without legal proceedings as agent day end process for Lessee, and may relet the Premises on such terms and conditions as Lessor may determine in its sole discretion, all without incurring any liability to Lessee and without being deemed to have terminated this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreementrelevant date. Lessor shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting shall be construed as an election by Lessor to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment of the Premises. (iv) Lessor may exercise any other remedy or method of redress accorded to it under Louisiana law.For SHRIRAM CITY UNION FINANCE LIMITED

Appears in 1 contract

Samples: Loan Agreement

Consequences of Default. If an Event of Default occurs: (a) in relation to REACH, the Borrower or a default occurs, Lessor is entitled, at Lessor's sole option, Material Subsidiary; or (b) in relation to exercise any one or more a member of the following remediesREACH Group that is not a Material Subsidiary and the occurrence of the Event of Default has or will have a Material Adverse Effect, then the Financiers may declare at any time by notice to the Borrower that: (c) an amount equal to the Total Amount Owing is either: (i) Lessor may terminate this Agreement and immediately expel Lessee from the Premises. However, such action shall not be deemed to waive Lessor's right to collect all rent due for the period up to the time Lessor regains possession of the Premises, together with liquidated damages (not as a penalty) in the amount of three (3) months rent, calculated at the rate payable under this Agreement at the time of default. Lessee hereby assents to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contained in the Louisiana Code of Civil Procedure.on demand; or (ii) Lessor may accelerate immediately due for payment (whereupon the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Term, as the case may be, at once same shall be due and owing, payable together with accrued interest thereon); and (d) the Financiers' obligations specified in which event all such unpaid amounts shall be immediately payablethe notice are terminated. Additionally, all other sums due hereunder become payable as The Financiers agree that they may only make a declaration under this clause 13.2 if they are unanimous in their agreement to do so. The making of either declaration gives immediate effect to its provisions. -------------------------------------------------------------------------------- 14 Costs and when Lessor ascertains indemnities 14.1 What the amount thereof with Borrower agrees to pay The Borrower agrees to pay or reimburse (subject to any agreed cap): (a) the reasonable certainty.Costs of each Financier in connection with: (i) [intentionally left blank] (ii) [intentionally left blank] (iii) Lessor maygiving and considering consents, in the event Lessee abandons the Premiseswaivers, reenter variations, amendments, discharges and retake possession of the Premises without legal proceedings as agent for Lessee, releases and may relet the Premises on such terms and conditions as Lessor may determine in its sole discretion, all without incurring any liability to Lessee and without being deemed to have terminated this Agreement, evicted Lessee, or relieved Lessee of any of its obligations under this Agreement. Lessor shall in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premisesproducing title documents; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur in connection with such reletting. No such reletting shall be construed as an election by Lessor to terminate this Agreement unless a notice of such intention to terminate is given to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment of the Premises.and (iv) Lessor may exercise [intentionally left blank] (v) reasonable legal expenses incurred in connection with opinions issued in respect of any Security Document, including the reasonable legal expenses of each Financier incurred in instructing or obtaining advice from their counsel; and (b) the Costs of each Financier in otherwise acting in connection with the Transaction Documents, such as exercising, enforcing or preserving rights (or considering doing so), or doing anything in connection with any enquiry by an authority involving a member of the REACH Group; and (c) Taxes and fees (including registration fees) and fines and penalties in respect of fees paid, or that a Financier reasonably believes are payable, in connection with any Transaction Document or a payment or receipt or any other remedy transaction contemplated by any Transaction Document. However, the Borrower need not pay a fine or method penalty in connection with Taxes or fees to the extent that it has placed the Financier in sufficient cleared funds for the Financier to be able to pay the Taxes or fees by the due date. The Borrower agrees to pay amounts due under this clause on demand from the relevant Financier. The Financiers may debit any of redress accorded these amounts to it under Louisiana lawthe Borrower's account before asking the Borrower to pay. These amounts are not payable to the extent that they are due to the wilful misconduct or gross negligence of the Financier.

Appears in 1 contract

Samples: Shareholder Term Loan Facility Agreement (PCCW LTD)

Consequences of Default. If a default occurs19.1. Upon the occurrence of an Event of Default, Lessor is entitledBANGON PINOY may, at Lessor's sole option, to exercise any one or more of the following remedies: (i) Lessor may terminate this Agreement and immediately expel Lessee from the Premises. However, such action shall not be deemed to waive Lessor's right to collect all rent due for the period up to the time Lessor regains possession of the Premises, together with liquidated damages (not as a penalty) in the amount of three (3) months rent, calculated at the rate payable under this Agreement at the time of default. Lessee hereby assents to the foregoing and expressly waives all legal notice to vacate the Premises, including, without limitation, any notice requirements contained in the Louisiana Code of Civil Procedure. (ii) Lessor may accelerate the rent and declare all unpaid installments of rent for the Base Term or the then current Renewal Term, as the case may be, at once due and owing, in which event all such unpaid amounts shall be immediately payable. Additionally, all other sums due hereunder become payable as and when Lessor ascertains the amount thereof with reasonable certainty. (iii) Lessor may, in the event Lessee abandons the Premises, reenter and retake possession of the Premises without legal proceedings as agent for Lessee, and may relet the Premises on such terms and conditions as Lessor may determine in its sole discretion, all without incurring any liability to Lessee need of notice or demand, and without being deemed limiting BANGON PINOY’s rights under applicable law or under the Loan Agreement: i. take such action and exercise such remedies in order to have terminated this protect and enforce its rights under the Loan Agreement; ii. declare the Loan Agreement, evicted Lesseeincluding all charges, fees, penalties and interest accrued and unpaid thereon, to be immediately due and payable, without need of presentment, demand, protest or further notice of any kind, all of which are herein expressly and specifically waived by the Borrower; iii. impose and collect the Collection Charge and the Penalties as stated in the Loan Agreement. The Collection Charge shall be imposed on each Installment Amount that is not paid by the Borrower within five days after the relevant due date. The relevant Penalty shall be imposed if the Borrower fails to pay an Installment Amount within 30, 60, or relieved Lessee of any of its obligations under this Agreement90 days, as applicable, after the relevant due date. Lessor The Collection Charge and the Penalties are cumulative and shall be added to the principal obligation; iv. impose and recover from the Borrower the Attorney’s Fees and Agency Xxx as stated in no way be responsible or liable for any failure, nor shall Lessor have any obligation, to relet the Premises. Lessor expressly reserves the right to collect Loan Agreement and receive all rents arising from such reletting. Lessee will be entitled to credit for such rents actually received by Lessor against the rent payable hereunder, which credit will apply after Lessor has deducted from such rents: 1) all expenses Lessor may incur in reentering the Premises, putting the Premises in proper repair, and protecting and preserving the Premises; and 2) all expenses of reletting the Premises, including without limitation, attorneys' fees and expenses, brokerage, leasing, and management commissions, and all other reasonable expenses that Lessor may incur incurred in connection with enforcing the Borrower’s obligations under the Loan Agreement; and v. demand that the Borrower deliver (and Borrower undertakes to so deliver) the Products to BANGON PINOY at such reletting. No such reletting time and place as may be designated by BANGON PINOY; provided, that delivery by the Borrower of the Products pursuant hereto shall not relieve the Borrower from the obligations under the Loan Agreement; provided further that BANGON PINOY may, at its discretion, sell or auction the Products delivered by the Borrower pursuant hereto in any manner that may be construed as an election deemed appropriate by Lessor to terminate this Agreement unless a notice XXXXXX XXXXX, with the proceeds of such intention sale or auction to terminate is given be applied to Lessee by Lessor. No such reletting without termination shall preclude Lessor from thereafter terminating this Agreement for Lessee's abandonment the repayment of the PremisesBorrower’s obligations under the Loan Agreement, after deduction of all the applicable costs. (iv) Lessor 19.2. The rights available to BANGON PINOY under the Loan Agreement and applicable law, may exercise any other remedy or method be exercised by BANGON PINOY alternatively, successively, concurrently, and/or cumulatively, at the option of redress accorded to it under Louisiana lawBANGON PINOY.

Appears in 1 contract

Samples: Client Onboarding Agreement

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