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.
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 134 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 JUNE 30, 1996, 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.
Cross Default; Remedies. It is agreed that should Buyer fail to pay any indebtedness owing to Seller as the same shall become due and payable to Seller 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 security agreement, lease/rental agreement, sales order, lease order, credit application, or any other documents securing or pertaining to such indebtedness, then such failure shall be a default and breach under this document and all other documents securing all other indebtedness’s, and Seller shall be entitled to pursue any of the contractual remedies in such documents and any remedies allowed under applicable law.
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.
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.
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
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.
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.
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.
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.
