Cross Default; Remedies Sample Clauses

Cross Default; Remedies. An Event of Default under the terms of this Agreement shall be considered an event of default, an event of acceleration and a default under each document and agreement comprising the Loan Documents and an event of default, an event of acceleration or a default under any document or agreement comprising the Loan Documents, (other than the Existing Defaults), shall be considered an Event of Default under the terms of this Agreement, and all of the other Loan Documents. Upon the occurrence of an Event of Default under this Agreement or any event of default, event of acceleration or default under any document or agreement comprising the Loan Documents, or any document executed in connection herewith, or referenced herein, and without prior notice of or an opportunity to cure such event of default, event of acceleration or default, except as otherwise provided herein, (a) NBD shall have the right to exercise any rights or remedies provided in this Agreement, the Loan Documents, or applicable law, (including, without limitation, the right to offset any accounts of the Borrower or Riviera with NBD), (b) NBD may deem the Forbearance Period to be expired, and (c) upon NBD's election, but without further notice, all of the Obligations shall be immediately due and payable. IN ANY EVENT, FROM AND AFTER THE CLOSE OF BUSINESS ON AUGUST 31, 1995, NBD MAY IMMEDIATELY TAKE ACTION TO ENFORCE ALL OF ITS RIGHTS AND REMEDIES UNDER THE LOAN DOCUMENTS, THIS AGREEMENT OR APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, COLLECTION OF THE BORROWER'S OBLIGATIONS.
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Cross Default; Remedies. It is agreed that should Buyer fail to pay any indebtedness owing to Seller(s) as the same shall become due and payable to Seller(s) including lease/rental agreements, equipment purchases, parts or labor, open accounts, promissory notes, advances, overdrafts, principal, interest, or any part thereof or any other mode or means, or should Buyer fail to comply with any of the covenants or obligations of any lease/rental agreement, sales order, lease order, credit application, security agreement, or any other documents securing or pertaining to such indebtedness, then such failure shall be a default and breach under this Agreement and all other documents securing all other indebtedness’s, and Seller(s) shall be entitled to pursue any of the contractual remedies in such documents and any remedies allowed under applicable law.
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Cross Default; Remedies. Any breach of warranty, misrepresentation or nonfulfillment of any agreement on the part of the Borrower under any one or more of the existing Loan Documents, this Amendment or any agreement, document or instrument contemplated hereby, shall be and constitute a breach and default under each and all of the Loan Documents, this Amendment and all other agreements, documents and instruments. The Lender shall have all rights and remedies available under the Loan Documents, this Amendment and all agreements, documents and instruments contemplated hereby, and all other rights and remedies available to it at law, in equity or otherwise, upon any such breach of warranty, misrepresentation or nonfulfillment of agreement by the Borrower.
Sample 1Sample 2See All (5)
Cross Default; Remedies. Each of the Members agrees that a breach by it (or any entity controlling, controlled by, or under common control with it) of any of the provisions of the Contribution Agreement or any other Transaction Document shall also be deemed to be a breach of this Agreement (subject to any right to cure provided with respect to such breach). The remedies contemplated provided in Section 9.7(a) and (b) of the Contribution Agreement shall in all events be the exclusive remedies for any and all acts or omissions of Caster that result in a material breach of any of the provisions of Article VIII and Article IX thereof, regardless of whether such acts or omissions, in the absence of this sentence, would give rise to a claim under any of the Transaction Documents.
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Cross Default; Remedies. A default under the terms of this Agreement shall be considered a default under each document and agreement comprising the Loan Documents and vice versa. If there is a default under this Agreement or any document or agreement comprising the Loan Documents or any document executed with or referenced in this Agreement, the Bank shall have the right to exercise any remedies provided in this Agreement, the Loan Documents, and under applicable law and the Forbearance Period shall automatically expire.
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Cross Default; Remedies. Notwithstanding the foregoing provisions of this Section 3.7, (i) a default by Seller under this Agreement shall constitute a default by Polish Sellers under the Polish Purchase Agreement; (ii) a default by Polish Sellers under the Polish Purchase Agreement shall constitute a default by Seller under this Agreement; (iii) a default by the Purchasers under this Agreement shall constitute a default by Polish Purchasers under the Polish Purchase Agreement; (iv) a default by Polish Purchasers under the Polish Purchase Agreement shall constitute a default by the Purchasers under this Agreement; and (v) the non-defaulting Party to this Agreement or the Polish Purchase Agreement shall exercise the same remedies under both this Agreement and the Polish Purchase Agreement. By way of clarification of clause (v) above, if the Seller or the Polish Sellers are the defaulting Parties, the Purchasers and the Polish Purchasers must enforce the same remedies under both this Agreement and the Polish Purchase Agreement (i.e., the Purchasers and the Polish Purchasers must either both elect to terminate this Agreement and the Polish Purchase Agreement, or exercise specific performance under both this Agreement and the Polish Purchase Agreement, and if specific performance is not available under either this Agreement or the Polish Purchase Agreement, then the Purchasers and the Polish Purchasers may only exercise its right to terminate both this Agreement and the Polish Purchase Agreement). This Section 3.7(d) shall be null and void and shall not apply to any Party from and after the closing under the Polish Purchase Agreement.
Sample 1
Cross Default; Remedies. An Event of Default, Default, a default or Event of Acceleration under this Agreement (or any agreement referred to or incorporated herein) is an Event of Default, Default, a default, or an Event of Acceleration under each document and agreement comprising the Loan Documents (including the Guarantor Loan Documents), and an Event of Default, Default, a default, or an Event of Acceleration under any document or agreement comprising the Loan Documents is an Event of Default, Default, a default, or an Event of Acceleration under the terms of this Agreement (and all agreements referred to or incorporated herein). Immediately upon the occurrence of an Event of Default, Default, a default, or an Event of Acceleration under this Agreement or any Loan Document (or any document executed in connection herewith or referenced herein), and without notice or an opportunity to cure such Event of Default, Default, default, or an Event of Acceleration, Lender has the right to exercise any remedies provided in this Agreement, the Loan Documents, and under applicable law, and the Waiver Period will automatically expire at Lender's election, without further notice and, at Lender's election but without notice, all of each Party's obligations to Lender (including the Obligations and the Guarantor's obligations under the Guarantor Loan Documents) will be immediately due and payable, and Lender may cease making loans immediately. In any event, from and after the earlier of expiration of the Waiver Period or the occurrence of an Event of Default, Default, a default, or an Event of Acceleration under this Agreement or any Loan Document, Lender may immediately take action to enforce its rights and remedies under the Loan Documents (including enforcement action on account of the Default), this Agreement, or applicable law, including collecting the Obligations and foreclosing on the Collateral. Absent the prior occurrence of an Event of Default, Default, default, or an Event of Acceleration or prior demand for payment, all Obligations, and each Guarantor's obligations under the Guarantor Loan Documents are due and payable in full at the expiration of the Waiver
Sample 1
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Cross Default; Remedies. Any breach of warranty, misrepresentation or nonfulfillment of any agreement on the part of Borrowers under any one or more of the existing Loan Documents, this Amendment and Waiver or any agreement, document or instrument contemplated hereby, shall be and constitute a breach and default under each and all of the Loan Documents, this Amendment and Waiver and all other agreements, documents and instruments contemplated hereby. Lender shall have all rights and remedies available under the Loan Documents, this Amendment and Waiver and all agreements, documents and instruments contemplated hereby, and all other rights and remedies available to it at law, in equity or otherwise, upon any such breach of warranty, misrepresentation or nonfulfillment of agreement by Borrowers.
Sample 1
Cross Default; Remedies. This Agreement is a Loan Document. Any breach of warranty, misrepresentation or nonfulfillment of any agreement on the part of the Borrower of this Amendment shall be and constitutes a breach and default under the Promissory Note. Lender shall have all rights and remedies available under the Loan Documents, this Amendment and all agreements, documents and instruments contemplated hereby, and all other rights and remedies available to it at law, in equity or otherwise, upon any such breach of warranty, misrepresentation or nonfulfillment of agreement by the Borrower.
Sample 1

Related to Cross Default; Remedies

  • Default Remedies Any one of the following occurrences shall constitute an ----------------- "EVENT OF DEFAULT" under this Note: (i) failure by the Maker to make any payment of principal or interest when the same becomes due and payable, said failure continuing for thirty (30) days or more; or (ii) if Maker shall fail to pay its debts, make an assignment for the benefit of its creditors, or shall commit an act of bankruptcy, or shall admit in writing its inability to pay its debts as they become due, or shall seek a composition, readjustment, arrangement, liquidation, dissolution or insolvency proceeding under any present or future statute or law, or shall file a petition under any chapter of federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, or shall become "insolvent" as that term is generally defined under the Federal Bankruptcy Code, or shall in any involuntary bankruptcy case commenced against it file an answer admitting insolvency or inability to pay its debts as they become due, or shall fail to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy case, or to be adjudged a bankruptcy or insolvent, or shall have a custodian, trustee or receiver appointed for, or have any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee, liquidator or receiver shall not be discharged, or such jurisdiction shall not be relinquished, vacated or stayed within sixty (60) days of the appointment. Upon occurrence of an Event of Default hereunder, the entire outstanding principal balance and any unpaid interest then accrued under this Note, shall at the option of the Payee hereof and without demand or notice of any kind to the undersigned or any other person (including, but not limited to, any guarantor now or hereafter existing), immediately become and be due and payable in full. In such event, Payee shall have and may exercise any and all rights and remedies available at law or in equity.

  • Events of Default Remedies If any of the following events (“Events of Default”) shall occur:

  • Event of Default Remedies 8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”):

  • Events of Default Remedies on Default Events of Default . Each of the following shall be an "Event of Default" if it occurs for any reason whatsoever, whether voluntary or involuntary, by operation of law or otherwise:

  • Events of Default Rights and Remedies Section 7.1 Events of Default.

  • Defaults Remedies (a) It shall be an Event of Default:

  • Default Rights and Remedies If an Event of Default exists, the Agent shall have the following rights and remedies:

  • Events of Default and Remedies Section 8.01

  • Acceleration; Remedies Upon the occurrence and during the continuance of an Event of Default, then, and in any such event, (a) if such event is a Bankruptcy Event, automatically the Commitments shall immediately terminate and the Loans (with accrued interest thereon), and all other amounts under the Credit Documents (including, without limitation, the maximum amount of all contingent liabilities under Letters of Credit) shall immediately become due and payable, and (b) if such event is any other Event of Default, any or all of the following actions may be taken: (i) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Commitments to be terminated forthwith, whereupon the Commitments shall immediately terminate; (ii) the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Loans (with accrued interest thereon) and all other amounts owing under this Agreement and the Notes to be due and payable forthwith and direct the Borrower to pay to the Administrative Agent cash collateral as security for the LOC Obligations for subsequent drawings under then outstanding Letters of Credit an amount equal to the maximum amount of which may be drawn under Letters of Credit then outstanding, whereupon the same shall immediately become due and payable; and/or (iii) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, exercise such other rights and remedies as provided under the Credit Documents and under applicable law.

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