Defaults Rights and Remedies Sample Clauses

Defaults Rights and Remedies. Upon default in the payment of any installment of principal and/or interest when due under the Mortgage Note or in the payment, when due, of any other obligation set forth in the Mortgage Note, or in any of the payments required to be made under this deed, or upon default in the performance of observance of any of the other terms, covenants, conditions or warranties herein contained, or under any other written agreement with the Mortgagee, or should any proceedings under the Bankruptcy Law of the Untied States or any similar law be brought by or against the Mortgagor or should a receiver be appointed for any properties of the Mortgagor by any court in a proceeding wherein the Mortgagor is alleged to be insolvent or unable to pay its debts as they mature, then in any such event, at the option of the Mortgagee, the principal of and all other sums evidenced by the Mortgage Note plus accrued interest thereon to that date, and all other sums secured by the mortgage hereby constituted shall, without notice, become immediately due, demandable, and payable as fully as if it had been stipulated that all such sums would be due on that date and the Mortgagee, with or without entry, personally or by attorney, at its option, may proceed to protect and enforce its rights hereunder by suit or suits in equity or action or actions by law, whether for specific performance of any covenant or agreement contained herein or in aid of the execution of any power herein granted, or for the foreclosure of the mortgage hereby constituted and the sale of the Mortgaged Premises or for the enforcement of any other appropriate legal or equitable remedy as the Mortgagee shall deem most effectual to protect and enforce any of its rights or duties hereunder. Upon any such default by the Mortgagor and following the acceleration of mature as aforesaid tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby made at any time prior to foreclosure sale (including sale under power of sale hereunder), by the Mortgagor, its successors or assigns, or by anyone on behalf of the Mortgagor, its successors or assigns, shall constitute an evasion of the payment terms hereunder and shall be deemed to be a voluntary prepayment hereunder, and any such payment, to the extent permitted by law, will therefore include the exit fee, if any, required under the prepayment privilege, contained in the Mortgage Note, or the Loan Agreement. In connection with any judicial proceeding...
AutoNDA by SimpleDocs
Defaults Rights and Remedies. Upon default in the payment of any installment of principal and/or interest when due under the Mortgage Note or in the payment, when due, of any other obligation set forth in the Mortgage Note, or in any of the payments required to be made under this deed, or upon default in the performance or observance of any of the other terms, covenants, conditions or warranties herein contained, or under any other written agreement with the Mortgagee, or should any proceedings under the Bankruptcy Law of the United States or any similar law be brought by or against the Mortgagor or should a receiver be appointed for any properties of the Mortgagor by any court in a proceeding wherein the Mortgagor is alleged to be insolvent or unable to pay its debts as they mature, then in any such
Defaults Rights and Remedies. OF BUYER UPON DEFAULT 49 Section 7.01 Events of Default 49 Section 7.02 No Waiver 52 Section 7.03 Due and Payable 52 Section 7.04 Fees 52 Section 7.05 Default Rate 52
Defaults Rights and Remedies. 21 Section 8.1 Events of Default of Tenant .............................. 21 Section 8.2 Rights and Remedies Upon Default ......................... 22 Section 8.3 Landlord's Right to Cure Potential Defaults .............. 23 Section 8.4 Limitations on Landlord's Liability ...................... 24 Section 8.5 Waivers .................................................. 25
Defaults Rights and Remedies 

Related to Defaults Rights and Remedies

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

  • Defaults and Remedies Section 6.01.

  • Waivers, Rights and Remedies Except as expressly provided in this Agreement, no failure or delay by any party in exercising any right or remedy relating to this Agreement or any of the Transaction Documents shall affect or operate as a waiver or variation of that right or remedy or preclude its exercise at any subsequent time. No single or partial exercise of any such right or remedy shall preclude any further exercise of it or the exercise of any other remedy.

  • Banks Rights and Remedies 8.1 Upon the occurrence of an Event of Default by Borrower under this Agreement, Bank may, at its election, without notice of its election and without demand, do any one or more of the following, all of which are authorized by Borrower:

  • Grants, Rights and Remedies This IP Security Agreement has been entered into in conjunction with the provisions of the Security Agreement. Each Grantor does hereby acknowledge and confirm that the grant of the security interest hereunder to, and the rights and remedies of, the Collateral Agent with respect to the Collateral are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated herein by reference as if fully set forth herein.

  • Lenders Rights and Remedies Upon an Event of Default under Section 8.1(f), without notice by Lender to, or demand by Lender of, Borrower, all of Borrower’s Liabilities shall be automatically accelerated and shall be due and payable forthwith and any other commitments to provide any financing hereunder shall automatically terminate, and upon any other Event of Default, without notice by Lender, to or demand by Lender of, Borrower, Lender may accelerate all of Borrower’s Liabilities and same shall be due and payable forthwith and/or Lender may terminate any other commitments to provide any financing hereunder. Lender may, in its sole and absolute discretion: (a) exercise any one or more of the rights and remedies accruing to a Lender under the Uniform Commercial Code or other applicable law of the relevant state or states or other applicable jurisdiction, and in equity, and under any other instrument or agreement now or in the future entered into between Lender and Borrower, including under this Loan Agreement and the Other Agreements; (b) enter, with or without process of law and without breach of the peace, any premises where the Collateral or the books and records of Borrower related thereto is or may be located, and without charge or liability to Lender therefor seize and remove the Collateral (and copies of Borrower’s books and records relating to the Collateral) from said premises and/or remain upon said premises and use the same (together with said books and records) for the purpose of collecting, preparing and disposing of the Collateral; (c) sell, lease, license or otherwise dispose of the Collateral or any part thereof by one or more contracts at one or more public or private sales for cash or credit, provided, however, that Borrower shall be credited with the net proceeds of such sale(s) only when such proceeds are actually received by Lender; and (d) require Borrower to assemble the Collateral and make it available to Lender at a place or places to be designated by Lender which is reasonably convenient to Lender and Borrower. In addition, at any time an Event of Default has occurred and is continuing, Lender may, in its discretion, enforce the rights of Borrower against any Account Debtor, secondary obligor or other obligor in respect of any of the Accounts. Without limiting the generality of the foregoing, at any time or times that an Event of Default has occurred and is continuing, Lender may, in its discretion, at such time or times (1) notify any or all Account Debtors, secondary obligors or other obligors in respect thereof that the Accounts have been assigned to Lender and that Lender has a security interest therein and Lender may direct any or all accounts debtors, secondary obligors and other obligors to make payment of Accounts directly to Lender, (2) extend the time of payment of, compromise, settle or adjust for cash, credit, return of merchandise or otherwise, and upon any terms or conditions, any and all Accounts or other obligations included in the Collateral and thereby discharge or release the account debtor or any secondary obligors or other obligors in respect thereof without affecting any of Borrower’s Liabilities, (3) demand, collect or enforce payment of any Accounts or such other obligations, but without any duty to do so, and Lender shall not be liable for any failure to collect or enforce the payment thereof nor for the negligence of its agents or attorneys with respect thereto and (4) take whatever other action Lender may deem necessary or desirable for the protection of its interests. At any time that an Event of Default has occurred and is continuing, at Lender’s request, all invoices and statements sent to any Account Debtor shall state that the Accounts and such other obligations have been assigned to Lender and are payable directly and only to Lender and Borrower shall deliver to Lender such originals of documents evidencing the sale and delivery of goods or the performance of services giving rise to any Accounts as Lender may require. All of Lender’s rights and remedies under this Loan Agreement and the Other Agreements are cumulative and non-exclusive. Exercise or partial exercise by Lender of one or more of its rights or remedies shall not be deemed an election, nor bar Lender from subsequent exercise or partial exercise of any other rights or remedies. Lender agrees to give notice of any sale to Borrower at least ten (10) days prior to any public sale or at least ten (10) days before the time after which any private sale may be held. Borrower agrees that Lender may purchase any such Collateral (including by way of credit bid), and may postpone or adjourn any such sale from time to time by an announcement at the time and place of sale or by announcement at the time and place of such postponed or adjourned sale, without being required to give a new notice of sale. Borrower agrees that Lender has no obligation to preserve rights against prior parties to the Collateral.

  • Events of Default Rights and Remedies Section 7.1 Events of Default Section 7.2 Rights and Remedies Section 7.3 Certain Notices

  • Rights and Remedies When an Event of Default occurs and continues Bank may, without notice or demand, do any or all of the following:

  • No Waiver, Rights and Remedies No failure on the part of the Administrative Agent or any Secured Party or any assignee of any Secured Party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

  • Other Rights and Remedies Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.

Time is Money Join Law Insider Premium to draft better contracts faster.