Default Rights and Remedies. If an Event of Default exists, the Agent shall have the following rights and remedies:
(a) In addition to all other rights and remedies granted to the Agent in this Agreement or in any other Loan Document or by applicable law, the Agent shall have all of the rights and remedies of a secured party under the UCC (whether or not the UCC applies to the affected Collateral). Without limiting the generality of the foregoing, the Agent may (A) without demand or notice to it, collect, receive or take possession of the Collateral or any part thereof and for that purpose the Agent may enter upon any premises on which the Collateral is located and remove the Collateral therefrom or render it inoperable, and/or (B) sell, lease or otherwise dispose of the Collateral, or any part thereof, in one or more parcels at public or private sale or sales, at the Agent's offices or elsewhere, for cash, on credit or for future delivery, and upon such other terms as the Agent may deem commercially reasonable or otherwise as may be permitted by law. The Agent shall have the right at any public sale or sales, and, to the extent permitted by applicable law, at any private sale or sales, to bid (which bid may be, in whole or in part, in the form of cancellation of indebtedness) and become a purchaser of the Collateral or any part thereof free of any right or equity of redemption on the part of the Debtor, which right or equity of redemption is hereby expressly waived and released by the Debtor. Upon the request of the Agent, the Debtor shall assemble the Collateral and make it available to the Agent at anyplace designated by the Agent that is reasonably convenient to it and the Agent. The Debtor agrees that the Agent shall not be obligated to give more than ten (10) days prior written notice of the time and place of any public sale or of the time after which any private sale may take place and that such notice shall constitute reasonable notice of such matters. The Agent shall not be obligated to make any sale of Collateral if it shall determine not to do so, regardless of the fact that notice of sale of Collateral may have been given. The Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned. The Debtor shall be liable for all reasonable expenses of re...
Default Rights and Remedies. All cash and investments held by or to the order of PSIL on your behalf will be subject to a first fixed charge (with full title guarantee) and a general lien and right of set-off with respect to all cash, investments or other assets of any description paid or delivered (or which are due to be paid or delivered) to PSIL for your account in settlement of any transaction. You warrant that all such cash, investments or other assets are beneficially owned by you or are paid or delivered to PSIL with the beneficial owner’s consent and free and clear from any charge, lien or encumbrance and that you will not charge, assign or otherwise dispose of cover or create any interest in such cash, investments or other assets other than in accordance with these terms without PSIL’s prior consent. You agree, at XXXX’s request, to take such action as PSIL may require to perfect or enforce any security interest referred to above and you hereby irrevocably appoint PSIL as your attorney to take any such action on your behalf. You acknowledge and agree that if you fail to comply with any of your obligations under these terms, the security interests referred to above shall be enforceable. In the event of Cantor or PSIL not receiving either cash or investments when due, or in the event of you not taking all such steps as may be necessary to secure the due and prompt execution and settlement of any such transaction (or if PSIL reasonably considers that you have not or are unlikely to perform your obligations under these terms), or in the case where the value of margin/collateral held in respect of extended settlement trades falls below prescribed limits, Cantor or PSIL may cancel, close out, terminate or reverse all or any contracts and sell, charge, pledge or otherwise dispose of any investment held for you, at whatever price and in whatever manner Cantor or PSIL see fit in Cantor’s and or PSIL’s absolute discretion but Xxxxxx shall use reasonable efforts to obtain the best possible result in all the circumstances (without being responsible for any loss or diminution in price) and may enter into any other transaction, or do, or not do anything (including the setting-off or application of client or other monies held for you) which would, or could have the effect of reducing or eliminating any liability under any transaction, position or commitment undertaken for you. For the avoidance of doubt, any asset held for you (including any investment held in safekeeping by PSIL and invest...
Default Rights and Remedies. Upon occurrence of any Event of Default Lender may use any of the security described in Paragraphs 7.2 and 7.3 for any purpose for which Borrower could have used it under the Loan Documents or any Related Loan, including applying any funds to payment and performance of Borrower’s obligations under the Loan Documents or under any Related Loan. Lender also shall have all other rights and remedies provided by law regarding the foregoing security including but not limited to the right to foreclose Lender’s security interest in any manner authorized by law.
Default Rights and Remedies. Section 8.1 Event of Default.............................................................................. 84 Section 8.2 Acceleration and Remedies..................................................................... 87 Section 8.3 Performance by Lender......................................................................... 89 Section 8.4
Default Rights and Remedies. 17.1 The occurrence of any one or more of the following matters constitutes a default by Lessee under this Agreement unless cured, or agreed upon arrangements for cure are made, as specified below (“Default”):
(a) Failure by Lessee to pay, within five (5) days after the due date, any Rent or any other amounts due and payable by Lessee under this Agreement;
(b) Failure by Lessee to cure forthwith, within 30 days of notice thereof from Lessor, any hazardous condition that Lessee has created in violation of law or of this Agreement;
(c) Failure to cure within 30 days of notice of a failure of Lessee to observe or perform any covenant, agreement, condition or provision of this Agreement;
(d) The levy upon execution or the attachment by legal process of the leasehold interest of Lessee, or the filing or creation of a lien in respect of such leasehold interest which has not been cured within 30 days of notice;
(e) Lessee becoming insolvent or bankrupt or admitting in writing its inability to pay its debts as they mature, making an assignment for the benefit of creditors, or applying for or consenting to the appointment of a trustee or receiver for itself or for all or a part of its property;
(f) Proceedings for the appointment of a trustee, custodian or receiver of Lessee or for all or a part of Lessee’s property being filed against Lessee and not being dismissed within thirty (30) days; or
(g) Proceedings in bankruptcy, or other proceedings for relief under any law for the relief of debtors, being instituted by or against Lessee, and, if instituted against Lessee, being allowed against Lessee or being consented to by Lessee or not being dismissed within sixty (60) days thereof.
17.2 If a Default occurs then Lessor shall have the following rights and remedies, which shall be distinct, separate and cumulative, and which may be exercised by Lessor concurrently or consecutively in any combination:
(a) Lessor may terminate this Agreement by giving to Lessee written notice of the Lessor’s intention to do so, in which event the Term shall end, and all rights, title and interest of Lessee hereunder shall expire, on the date stated in such notice; and
(b) Lessor may enforce the provisions of this Agreement and may enforce and protect the rights of Lessor hereunder by a suit or suits in equity or at law for the specific performance of any covenant or agreement contained herein, including injunctive relief and recovery of all payments due and damages from Lessee.
17.3 If ...
Default Rights and Remedies. Section 8.1
Default Rights and Remedies. In addition to all other rights and remedies which the Township may have at law or in equity upon the occurrence of a Default which has not been cured, the Township shall, to the fullest extent permitted by law, be entitled to the following rights and remedies:
Default Rights and Remedies. 8.1 EVENT OF DEFAULT 8.2 SUSPENSION OF COMMITMENTS 8.3 ACCELERATION
Default Rights and Remedies. 59 8.1 Event of Default 59 (A) Payment 59 (B) Default in Other Agreements 59 (C) Breach of Certain Provisions 59 (D) Breach of Warranty 59 (E) Other Defaults Under Loan Documents 59 (F) Change in Control 59 (G) Involuntary Bankruptcy; Appointment of Receiver, etc. 59
Default Rights and Remedies. Section 8.1 Event of Default...........................................................................60 Section 8.2 Acceleration and Remedies..................................................................62 Section 8.3 Performance by Lender......................................................................64 ARTICLE IX SINGLE-PURPOSE, BANKRUPTCY-REMOTE REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 9.1 Applicable to Primary Borrower Parties.....................................................64 Section 9.2 Applicable to Member and the Borrowers.....................................................66 ARTICLE X RESTRUCTURING LOAN, SECONDARY MARKET TRANSACTIONS
