Default and Rights and Remedies. 70 Section 7.1
Default and Rights and Remedies. Upon the occurrence of default, Lender shall have the rights and remedies set forth in the Note and the rights and remedies available to Lender under applicable law.
Default and Rights and Remedies. 56 Section 7.1 Events of Default. 56 7.1.1 Failure to Pay. 56 7.1.2
Default and Rights and Remedies. 57 Section 7.1 Events of Default. 57 7.1.1 Failure to Pay. 57 7.1.2 Breach of Representations and Warranties. 57 7.1.3 Failure to Comply with Covenants. 57 7.1.4 Default Under Other Financing Documents or Obligations. 57 7.1.5 Receiver; Bankruptcy. 57 7.1.6 Involuntary Bankruptcy, etc. 58 7.1.7 Judgment. 58
Default and Rights and Remedies. 67 Section 7.1 Events of Default..........................................67 7.1.1 Failure to Pay..............................................67 7.1.2 Breach of Representations and Warranties....................67 7.1.3 Failure to Comply with Certain Covenants....................67 7.1.4 Failure to Comply with Other Covenants......................67 7.1.5 Default Under Other Financing Documents or Obligations......67 7.1.6
Default and Rights and Remedies. 45 Section 7.1 Events of Default. 45 7.1.1 Failure to Pay. 45 7.1.2 Breach of Representations and Warranties. 45 7.1.3 Failure to Comply with Financial Covenants. 45 7.1.4 Failure to Comply with Other Covenants 45 7.1.5 Default Under Other Financing Documents or Obligations. 45 7.1.6 Receiver; Bankruptcy. 46 7.1.7 Involuntary Bankruptcy, etc. 46 7.1.8 Judgment. 46 7.1.9 Execution; Attachment. 46 7.1.10 Default Under Other Borrowings. 47 7.1.11 Material Adverse Change. 47 7.1.12 Change in Control. 47 7.1.13 Liquidation, Termination, Dissolution, Change in Control, etc. 47 7.1.14 Swap Default. 47 7.1.15 Cross Default. 47 Section 7.2 Remedies. 47 7.2.1 Acceleration. 47 7.2.2 Further Advances. 48 7.2.3 Uniform Commercial Code. 48 7.2.4 Specific Rights With Regard to Collateral. 49 7.2.5 Application of Proceeds. 50 7.2.6 Performance by Lender. 50 7.2.7 Other Remedies. 50 ARTICLE VIII MISCELLANEOUS 51 Section 8.1 Notices. 51 Section 8.2 Amendments; Waivers. 51 Section 8.3 Cumulative Remedies. 51 Section 8.4 Severability. 51 Section 8.5 Assignments by Lender. 52 Section 8.6 Participations by Lender. 52 Section 8.7 Disclosure of Information by Lender. 53 Section 8.8 Successors and Assigns. 53 Section 8.9 Continuing Agreements. 53 Section 8.10 Enforcement Costs. 53 Section 8.11 Applicable Law; Jurisdiction. 54 8.11.1 Applicable Law. 54 8.11.2 Submission to Jurisdiction. 54 8.11.3 Appointment of Agent for Service of Process. 54 8.11.4 Service of Process. 54 Section 8.12 Duplicate Originals and Counterparts. 55 Section 8.13 Headings. 55 Section 8.14 No Agency. 55 Section 8.15 Date of Payment. 55 Section 8.16 Entire Agreement. 55 Section 8.17 Waiver of Trial by Jury. 56 Section 8.18 Liability of the Lender. 56 Section 8.19 Limitation on Liability; Waiver of Punitive Damages. 56 Section 8.20 Indemnification. 57 Section 8.21 Compliance with Laws. 57 Section 8.22 Patriot Act Notice. 58 Section 8.23 Final Agreement. 58 Section 8.24 Restatement. 58 AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT THIS AMENDED AND RESTATED FINANCING AND SECURITY AGREEMENT (this “Agreement”) is made this 15th day of September, 2006, by and between HEALTHEXTRAS, INC., a corporation organized under the laws of the State of Delaware (the “Borrower”) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).
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Default and Rights and Remedies. THE AGENT 47 9.1 Liabilities 47 9.2 Rights and Remedies 47 9.3 Waiver of Demand 49 9.4 Waiver of Notice 49 9.5 Authorization and Action 49 9.6 Agent’s Reliance, Etc. 49 9.7 Notices of Defaults 50 9.8 The Agent as a Lender, Affiliates 51 9.9 Non-Reliance on Agent and Other Lenders 51 9.10 Indemnification 51 9.11 Successor Agent 52 9.12 Verification of Borrowing Notices 52 10. MISCELLANEOUS 52 10.1 Timing of Payments 52 10.2 Attorneys’ Fees and Costs 53 10.3 Expenditures by the Agent 54 10.4 The Agent’s Costs and Expenses as Additional Liabilities 54 10.5 Claims and Taxes 54 10.6 Custody and Preservation of Collateral 55 10.7 Inspection 55 10.8 Examination of Banking Records 55 10.9 Governmental Reports 55 10.10 Reliance by the Agent, the Issuer and the Lenders 56 10.11 Parties 56 10.12 Applicable Law; Severability 56 10.13 SUBMISSION TO JURISDICTION; WAIVER OF BOND AND TRIAL BY JURY 56 10.14 Application of Payments; Waiver 56 10.15 Marshaling; Payments Set Aside 57 10.16 Section Titles 57 10.17 Continuing Effect 57 10.18 No Waiver 57 10.19 Notices 58 10.20 Regulatory Changes 59 10.21 LIBOR Rate Loans 59 10.22 Taxes 60 10.23 Assignments and Participation 61 10.24 Maximum Interest 64 10.25 Additional Advances 64 10.26 Loan Agreement Controls 64
Default and Rights and Remedies. Upon the occurrence to default, the Creditor shall have the rights and remedies set forth in the Note and the rights and remedies available to the Creditor under applicable law.
Default and Rights and Remedies. Section 7.1 7.1.1 7.1.2 7.1.3 7.1.4 7.1.5 7.1.6 7.1.7 7.1.8 7.1.9 7.1.10 7.1.11 7.1.12 7.1.13 Section 7.2 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7
