Common use of Consequences of Events of Default Clause in Contracts

Consequences of Events of Default. Upon the occurrence of any Event of Default described in the foregoing clauses 3.1(d) or 3.1(e), the unpaid principal amount owing under this Note, together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other Event of Default, the Holder of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, without any other notice of any kind and without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder of this Note all such amounts declared to be due and payable with respect to this Note.

Consequences of Events of Default. Upon the occurrence of (i) If any Event of Default has occurred, the interest rate on this Note shall be the Default Interest Rate. Any increase of the interest rate resulting from the operation of this clause shall terminate as of the close of business on the date on which no Events of Default exist (subject to subsequent increases pursuant to this clause). (ii) If an Event of Default of the type described in the foregoing clauses 3.1(dSection 4(a)(v) or 3.1(e)has occurred, the unpaid aggregate principal amount owing under this Note, together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other Event of Default, the Holder of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, payable without any other notice action on the part of any kind and without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by the CompanyNoteholder, and the Company will shall immediately pay to the Holder of this Note Noteholder all such amounts declared to be due and payable with respect to this Note. (iii) If any Event of Default has occurred (other than under Section 4(a)(v)), the Noteholder may declare this Note to be immediately due and payable and may demand immediate payment of the Unpaid Principal Amount (together with all accrued and unpaid interest and all other amounts due and payable with respect thereto). (iv) The Noteholder shall also have any other rights which such holder may have been afforded under any contract or agreement at any time and any other rights which such holder may have pursuant to applicable law or in equity.

Consequences of Events of Default. Upon the occurrence of any (a) If an Event of Default of the type described in the foregoing clauses 3.1(dSection 5.1(g) or 3.1(e)occurs, the unpaid principal amount owing under Accreted Value of this Note, Convertible Note (together with all accrued and unpaid interest thereon and all such other amounts due and payable with respect thereto, thereon (if any)) shall automatically become immediately due and payable, payable without presentment, demand, protest, notice any action on the part of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the CompanyHolder, and the Company will shall immediately pay to the Holder all amounts due and payable with respect to this Convertible Note. Upon the occurrence and during the continuance of any other . (b) If an Event of DefaultDefault (other than under Section 5.1(g)) has occurred and is continuing, the Holder of this Note may, by written notice to the Company, may declare all or any portion of the unpaid principal amount owing under Accreted Value of the outstanding Principal Amount of this Convertible Note to be immediately due and payable, whereupon such unpaid principal amount payable and may demand immediate payment of all or any portion of the Accreted Value of the outstanding Principal Amount of this Convertible Note (together with all accrued and unpaid interest thereon and all such other amounts due and payable with respect thereto) shall automatically become immediately then due and payable). If the Holder demands immediate payment of all or any portion of this Convertible Note, without any other notice of any kind and without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will shall immediately pay to the Holder of this Note all such amounts declared to be due and payable with respect to this NoteConvertible Note or such portion hereof. (c) The Holder shall also have any other rights that the Holder may have been afforded under any contract or agreement at any time and any other rights that the Holder may have pursuant to applicable law. No right or remedy herein conferred upon or reserved to any

Consequences of Events of Default. Upon the occurrence of (i) If any Event of Default has occurred, the interest rate on this Note shall be the Default Interest Rate. Any increase of the interest rate resulting from the operation of this clause shall terminate as of the close of business on the date on which no Events of Default exist (subject to subsequent increases pursuant to this clause). (ii) If an Event of Default of the type described in the foregoing clauses 3.1(dSection 6(a)(vi) or 3.1(e)has occurred, the unpaid aggregate principal amount owing under this Note, together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other Event of Default, the Holder of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, payable without any other notice action on the part of any kind and without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by the CompanyNoteholder, and the Company will shall immediately pay to the Holder of this Note Noteholder all such amounts declared to be due and payable with respect to this Note. (iii) If any Event of Default has occurred (other than under Section 6(a)(vi)), the Noteholder may declare this Note to be immediately due and payable and may demand immediate payment of the Unpaid Principal Amount (together with all accrued and unpaid interest and all other amounts due and payable with respect thereto). (iv) The Noteholder shall also have any other rights which such holder may have been afforded under any contract or agreement (including, without limitation, the Security Documents) at any time and any other rights which such holder may have pursuant to applicable law.

Consequences of Events of Default. Upon the occurrence of any Event of Default described in the foregoing clauses 3.1(d) or 3.1(eclause 3.1(c), the unpaid principal amount owing under this Note, together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, Company and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other Event of Default, the Holder of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, without any other notice of any kind and without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by the Company, Company and the Company will immediately pay to the Holder of this Note all such amounts declared to be due and payable with respect to this Note. The provisions of this Section 3.2 are subject to the terms of the Subordination Agreement.

Consequences of Events of Default. Upon the occurrence of any (i) If an Event of Default described in has occurred and is continuing, then the foregoing clauses 3.1(d) or 3.1(e), the unpaid aggregate principal amount owing under this Note, together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other Event of Default, the Holder of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically will become immediately due and payable, payable without any action on the part of the Company. (ii) If any Event of Default has occurred and is continuing, the interest rate on this Note will increase immediately by an increment of 6 percentage points (i.e., 600 basis points), to the extent permitted by applicable law. Any such increase of the interest rate resulting from the operation of this Section 4(b)(ii) will terminate as of the close of business on the next date on which no Event of Default exists (subject to subsequent increases pursuant to this Section). (iii) The Company will also have any other rights which the Company may have been afforded under any contract or agreement at any time and any other rights which the Company may have pursuant to applicable law, subject to the limitation set forth in Section 14 of this Note. The Employee hereby waives diligence, presentment, protest and demand and notice of any kind protest and without presentment, demand, protest dishonor and nonpayment of this Note, and expressly agrees that this Note, or other requirements of any kindpayment thereunder, may be extended from time to time and that the Company may accept security for this Note or release security for this Note, all without in any way affecting the liability of which are hereby expressly waived by the Employee thereunder. If the Employee fails to pay any amounts due hereunder when due, then the Employee shall pay to the Company, and the Company will immediately pay in addition to the Holder amounts due, all costs of this Note all such amounts declared to be due and payable with respect to this Notecollection, including reasonable attorneys fees.

Consequences of Events of Default. Upon the occurrence of (a) If any Event of Default has occurred, the Current Interest on the Note shall increase immediately by two (2) percentage points to thirteen and fifty-eight hundreths percent (13.58%). Any increase of the Current Interest resulting from the operation of this subparagraph shall terminate as of the close of business on the date on which no Event of Default exists (subject to subsequent increases pursuant to this subparagraph). (b) If an Event of Default of the type described in Section 7.1(d) has occurred, then the foregoing clauses 3.1(d) or 3.1(e), the unpaid aggregate principal amount owing under this Note, together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other Event of Default, the Holder of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, payable without any other notice action on the part of any kind and without presentment, demand, protest or other requirements the holders of any kind, all of which are hereby expressly waived by the CompanyNote, and the Company will shall immediately pay to the Holder holders of this the Note all such amounts declared to be due and payable with respect to this the Note. (c) If any Event of Default has occurred and is continuing, then each holder of the Note may declare all or any portion of the outstanding principal amount of its Note (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) to be immediately due and payable and may demand immediate payment of all or any portion of the outstanding principal amount of such Note (together with all such other amounts then due and payable) owned by such holder. (d) Each holder of the Note shall also have any other rights which such holder may be afforded under any Related Transaction Document from time to time and any other rights which such holder may have pursuant to applicable law.

Consequences of Events of Default. Upon the occurrence of (i) If any Event of Default has occurred, the interest rate on this Note shall be the Default Interest Rate. Any increase of the interest rate resulting from the operation of this clause shall terminate as of the close of business on the date on which no Events of Default exist (subject to subsequent increases pursuant to this clause). (ii) If an Event of Default of the type described in the foregoing clauses 3.1(dSection 6(a)(vi) or 3.1(e)has occurred, the unpaid aggregate principal amount owing under this Note, together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other Event of Default, the Holder of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, payable without any other notice action on the part of any kind and without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by the CompanyNoteholder, and the Company will shall immediately pay to the Holder of this Note Noteholder all such amounts declared to be due and payable with respect to this Note. (iii) If any Event of Default has occurred (other than under Section 6(a)(vi)), the Noteholder may declare this Note to be immediately due and payable and may demand immediate payment of the Unpaid Principal Amount (together with all accrued and unpaid interest and all other amounts due and payable with respect thereto). (iv) The Noteholder shall also have any other rights which such holder may have been afforded under any contract or agreement (including, without limitation, 11 42 the Security Documents) at any time and any other rights which such holder may have pursuant to applicable law.

Consequences of Events of Default. Upon the occurrence of Subject to Section 3: (i) If any Event of Default of the type described in the foregoing clauses 3.1(dSection 5(a)(i), Section 5(a)(ii) or 3.1(e)Section 5(a)(iv) has occurred and is continuing, the unpaid Holder may declare all or any portion of the outstanding principal amount owing under of this Note, Note (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become ) to be immediately due and payable and may demand immediate payment of all or any portion of the outstanding principal amount of this Note (together with all such other amounts then due and payable). If the Holder demands immediate payment of all or any portion of this Note, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will shall immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other . (ii) If an Event of DefaultDefault of the type described in Section 5(a)(iii) has occurred, the Holder aggregate principal amount of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, payable without any other notice action on the part of any kind and without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by the CompanyHolder, and the Company will shall immediately pay to the Holder of this Note all such amounts declared to be due and payable with respect to this Note. (iii) The Holder shall also have any other rights which it may have pursuant to applicable law. (iv) The Company hereby waives diligence, presentment, protest and demand and notice of protest and demand, dishonor and nonpayment of this Note, and expressly agrees that this Note, or any payment thereunder, may be extended from time to time and that the Holder may accept security for this Note or release security for this Note, all without in any way affecting the liability of the Company hereunder.

Consequences of Events of Default. Upon the occurrence of (i) If any Event of Default described in the foregoing clauses 3.1(d) shall occur for any reason, whether voluntary or 3.1(e)involuntary, and be continuing, the unpaid principal amount owing under this NoteLender may, together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto, shall automatically become immediately due and payable, without presentment, upon notice or demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by declare the Company, and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other Event of Default, the Holder of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing outstanding indebtedness under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued the outstanding indebtedness under this Note shall be and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, without any other notice of any kind and without presentment, demand, protest or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will shall immediately pay to the Holder of this Note Lender all such amounts declared to be due and payable indebtedness. Upon the occurrence of an actual or deemed entry of an order for relief with respect to the Company under the United States Bankruptcy Code which constitutes an Event of Default, then all indebtedness under this Note shall automatically be due immediately without notice of any kind. The Company agrees to pay the Lender all out-of-pocket costs and expenses incurred by the Lender in any effort to collect indebtedness under this Note, including attorneys’ fees, and to pay interest at the lesser of (A) Post-Default Rate hereunder and (B) the highest rate permitted by applicable law, on such costs and expenses to the extent not paid when demanded. (ii) The Lender shall also have any other rights which the Lender may have been afforded under any contract or agreement at any time and any other rights which the Lender may have pursuant to applicable law. The Lender may exercise any and all of its remedies under this Note, the Agreement the Collateral Documents and the other Convertible Note Documents contemporaneously or separately from the exercise of any other remedies hereunder or under applicable law.

Consequences of Events of Default. Upon the occurrence of any (i) If an Event of Default of the type described in the foregoing clauses 3.1(dSections 7(a)(i) or 3.1(e)7(a)(iii) above has occurred, the unpaid aggregate principal amount owing under of this Note, Note (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect theretothereon, including interest at the Default Rate, if applicable) shall automatically become immediately due and payable, payable without presentment, demand, protest, notice any action on the part of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the CompanyRepresentative, and the Company will Maker shall be required to pay immediately pay to the Holder all amounts due and payable with respect to this Note. Upon the occurrence and during the continuance of any other . (ii) If an Event of DefaultDefault of the type described in Sections 7(a)(ii) above has occurred, upon written notice from Holder, the Holder aggregate principal amount of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect theretothereon, including interest at the Default Rate, if applicable) shall automatically become immediately due and payable, without any other notice of any kind and without presentment, demand, protest or other requirements of any kind, Maker shall be required to pay immediately to Holder all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder of this Note all such amounts declared to be due and payable with respect to this Note. (iii) Maker hereby waives diligence, presentment, protest and demand and notice of protest and demand, dishonor and nonpayment of this Note, and expressly agrees that this Note, or any payment hereunder, may be extended from time to time and that the Holder hereof may accept security for this Note or release all or any security or guarantees for this Note, all without in any way affecting the liability of Maker hereunder.

Consequences of Events of Default. Upon the occurrence of (i) If any Event of Default of the type described in subparagraphs 3(a)(i) – (iii) has occurred that has not been cured within ten (10) business days from the foregoing clauses 3.1(d) or 3.1(e), date of written notice by the unpaid principal amount owing under holder of this Note, together with all accrued and unpaid the interest thereon and all other amounts due and payable with respect thereto, rate on this Note shall automatically become increase immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other requirements of any kind, all of which are hereby expressly waived by the Company, and the Company will immediately pay to the Holder all amounts due and payable with respect to this Note. Upon lesser of [18%] or the occurrence and during the continuance of any other highest interest rate permitted by law. (ii) If an Event of DefaultDefault of the type described in subparagraph 3(a)(iv) has occurred, the Holder aggregate principal amount of this Note may, by written notice to the Company, declare all or any portion of the unpaid principal amount owing under this Note to be due and payable, whereupon such unpaid principal amount (together with all accrued and unpaid interest thereon and all other amounts due and payable with respect thereto) shall automatically become immediately due and payable, payable without any other notice action on the part of any kind and without presentment, demand, protest or other requirements the holders of any kind, all of which are hereby expressly waived by the Companythis Note, and the Company will shall immediately pay to the Holder holders of this Note all such amounts declared to be due and payable with respect to this Note. (iii) The holder of this Note shall also have any other rights which such holder may have been afforded under any contract or agreement at any time and any other rights which such holder may have pursuant to applicable law. (iv) The Company hereby waives diligence, presentment, protest and demand and notice of protest and demand, dishonor and nonpayment of this Note, and expressly agrees that this Note, or any payment hereunder, may be extended from time to time and that the holder hereof may accept security for this Note or release security for this Note, all without in any way affecting the liability of the Company hereunder.