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”):
8.1.1 failure to perform the Services satisfactorily or on schedule;
8.1.2 failure to submit any report required hereunder; and/or
8.1.3 failure to perform any other covenant, term or condition of this Agreement.
8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:
8.2.1 give the Contractor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely cured, terminate this Agreement, effective two (2) days after giving the Contractor notice of termination;
8.2.2 give the Contractor a written notice specifying the Event of Default and suspending all payments to be made under this Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor;
8.2.3 give the Contractor a written notice specifying the Event of Default and set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or
8.2.4 give the Contractor a written notice specifying the Event of Default, treat the Agreement as breached, terminate the Agreement and pursue any of its remedies at law or in equity, or both.
Event of Default Remedies. If an event of default shall occur under any Mortgage Loan (an "Event of Default"), Assignee or its agents shall have all the rights and remedies which would be available to Assignor (but for this Assignment) under the Mortgage Loan Documents as set forth therein and as permitted thereunder or otherwise available to Assignor (but for this Assignment) in law or in equity, including, without limitation but in each instance to the extent provided in and as conditioned by the Mortgage Loan Documents, the right:
(a) To accelerate the maturity of such Mortgage Loan and all other amounts due under the applicable Mortgage Loan Documents and to declare the same to be or become immediately due and payable and enforce payment thereof upon the happening of any Event of Default by the mortgagor under such Mortgage Loan, as permitted therein, after the giving of such applicable notice and/or the passage of such time as may be provided for in such Mortgage Loan;
(b) To take such steps, institute and prosecute such actions and proceedings and do or omit such acts which, in its judgment, are advisable in order to enforce payment of all amounts due under the Mortgage Loan Documents and realize upon the security provided therefor, including, without limitation, (i) to select any of the remedies available under the Mortgage Loan Documents or otherwise available at law or in equity, (ii) to enter into or consent to any amendment, modification and/or extension of the Mortgage Loan Documents, (iii) to enter into or consent to any release, substitution or exchange of all or any part of any security for such Mortgage Loan, (iv) to waive any claim against the mortgagor or any person or entity obligated under the Loan Documents and (v) to defer, extend, increase or decrease any payment, instalment or other sum required or on account of such Mortgage Loan and/or the applicable Mortgage Loan Documents;
(c) To discontinue any such action or proceeding commenced as provided in subsection 4(b) above or to stay, delay, defer, discontinue or withdraw the same;
(d) To enter or cause to be entered a bid at any foreclosure sale of the property mortgaged securing such Mortgage Loan pursuant to the applicable Mortgage Loan Documents (each such property a "Mortgaged Property") or any portion thereof;
(e) To acquire title in and to any Mortgaged Property or any portion thereof in any foreclosure proceeding in its name or the name of its nominee or designee;
(f) To accept a deed to any Mortgaged P...
Event of Default Remedies. If an Event of Default shall have occurred and be continuing, the Secured Party may from time to time in its discretion, without limitation and without notice except as expressly provided below:
(a) Exercise in respect of the Collateral, in addition to any other right and remedy provided for herein, under the other Loan Documents, or otherwise available to it, all the rights and remedies of a secured party on default under the UCC (whether or not the UCC applies to the affected Collateral) and any other applicable law.
(b) Require Grantor to, and Grantor will at its expense and upon request of the Secured Party forthwith, assemble all or part of the Collateral as directed by the Secured Party and make it (together with all books, records and information of Grantor relating thereto) available to the Secured Party at a place to be designated by the Secured Party that is reasonably convenient to both parties.
(c) Prior to the disposition of any Collateral:
(i) to the extent permitted by applicable Law, enter, with or without process of law and without breach of the peace, any premises where any Collateral is or may be located, and without charge or liability to the Secured Party seize and remove such Collateral from such premises;
(ii) have access to and use the Company’s books, records, and information relating to the Collateral; and
(iii) store or transfer any Collateral without charge in or by means of any storage or transportation facility owned or leased by Grantor, process, repair or recondition any Collateral or otherwise prepare it for disposition in any manner and to the extent the Secured Party deems appropriate and, in connection with such preparation and disposition, use without charge any copyright, trademark, trade name, patent or technical process used by Grantor.
(d) Reduce its claim to judgment or foreclose or otherwise enforce, in whole or in part, the security interest created hereby by any available judicial procedure.
(e) Dispose of, at its office, on the premises of Grantor or elsewhere, any Collateral, as a unit or in parcels, by public or private proceedings, and by way of one or more contracts (but that the sale of any Collateral shall not exhaust the Secured Party’s power of sale, and sales may be made from time to time, and at any time, until all of the Collateral has been sold or until the Secured Obligations have been paid and performed in full), and at any such sale it shall not be necessary to exhibit any Collateral.
(f) Buy (or...
Event of Default Remedies. (a) Upon the occurrence and during the continuance of an Event of Default, this Note may be accelerated upon the written consent and direction of the holders holding a majority of the then outstanding aggregate principal balance of the June 2008 Notes and as provided in this Section 2 and the Holder shall have all of the rights and remedies provided herein. An Event of Default shall mean the occurrence or existence of one or more of the following events or conditions (for any reason, whether voluntary, involuntary or effected or required by law):
(i) The Borrower shall fail to pay when due the principal of this Note or any of the June 2008 Notes.
(ii) The Borrower shall fail to pay when due the interest on this Note or any of the June 2008 Notes and such failure shall have continued for a period of three Business Days; provided, however, that for the avoidance of doubt, any accrual of interest permitted under this Note or any of the June 2008 Notes (in lieu of payment thereof) shall not constitute an Event of Default. For the purposes of this Note a “Business Day” shall mean any day other than a Saturday, Sunday, public holiday under the laws of the State of New York or any other day on which banking institutions are authorized to close in New York City
Event of Default Remedies. Upon the occurrence and continuance of an Event of Default:
(a) In addition to all the rights and remedies of a secured party under applicable law, the Pledgee shall have the right, and without demand of performance or other demand, advertisement or notice of any kind, except as specified below, to or upon Pledgor or any other person (all and each of which demands, advertisements and/or notices are hereby expressly waived to the extent permitted by law), to proceed forthwith to collect, receive, appropriate and realize upon the Collateral, or any part thereof and to proceed forthwith to sell, assign, give an option or options to purchase, contract to sell, or otherwise dispose of and deliver the Collateral or any part thereof in one or more parcels at public or private sale or sales at any stock exchange, broker's board or at any of the Pledgee's offices or elsewhere at such prices and on such terms (including, without limitation, a requirement that any purchaser of all or any part of the Collateral shall be required to purchase any securities constituting the Collateral solely for investment and without any intention to make a distribution thereof) as the Pledgee in its sole and absolute discretion deems appropriate without any liability for any loss due to decrease in the market value of the Collateral during the period held. Such notification to the Pledgor shall be deemed reasonable and properly given if mailed, postage prepaid, at least ten (10) days (or such longer period required by any provision of applicable laws) before any such disposition, to the address indicated in Section 13(d) below. Any disposition of the Collateral or any part thereof may be for cash or on credit or for future delivery without assumption of any credit risk, with the right to the Pledgee to purchase all or any part of the Collateral so sold at any such sale or sales, public or private, free of any equity or right of redemption in Pledgor, which right or equity is, to the extent permitted by applicable law, hereby expressly waived or released by Pledgor.
(b) All of the Pledgee's rights and remedies, including but not limited to the foregoing, shall be cumulative and not exclusive and shall be enforceable alternatively, successively or concurrently as the Pledgee may deem expedient.
(c) The Pledgee may elect to obtain (at the Pledgor's expense) the advice of any independent investment banking firm with respect to the method and manner of sale or other disposition of any of t...
Event of Default Remedies. Upon the occurrence of an event of default, Pledgee may, without notice to or demand on the Pledgors and in addition to all rights and remedies available to Pledgee, at law, in equity or otherwise, do any of the following:
(a) Require the Pledgors to immediately pay all outstanding unpaid amounts due under the Consulting Services Agreement;
(b) Foreclose or otherwise enforce Pledgee’s security interest in any manner permitted by law or provided for in this Agreement;
(c) Sell or transfer the rights or otherwise dispose of any Pledged Collateral at one or more public or private sales at Pledgee’s place of business or any other place or places, whether or not such Pledged Collateral is present at the place of sale, for cash or credit or future delivery, on such terms and in such manner as Pledgee may determine;
(d) Terminate this Agreement pursuant to Section 11.
(e) Personally, or by agents or attorneys, immediately take possession of the Pledged Collateral or any part thereof, from the Pledgors or any other person who then has possession of any part thereof with or without notice or process of law;
(f) Demand, xxx for, collect or receive any money or property at any time payable or receivable in respect of the Pledged Collateral;
(g) Sell or otherwise liquidate, or direct the Pledgors to sell, assign, transfer or otherwise liquidate the Pledged Collateral or any part thereof, and take possession of the proceeds of any such sale or liquidation;
(h) Exercise any and all rights as beneficial and legal owner of the Pledged Collateral, including, without limitation, perfecting assignment of and exercising any and all voting, consensual and other rights and powers with respect to any Pledged Collateral; and
(i) All the rights and remedies of a secured party upon default under applicable law.
Event of Default Remedies. 11.1 Any one or more of the following acts or omissions of the Grantee shall constitute an event of default hereunder (hereinafter referred to as “Events of Default”):
11.1.1 failure to perform the Project satisfactorily or on schedule; or
11.1.2 failure to submit any report required hereunder; or
11.1.3 failure to maintain, or permit access to, the records required hereunder; or
11.1.4 failure to perform any of the other covenants and conditions of this Agreement.
11.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:
11.2.1 give the Grantee a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely remedied, terminate this Agreement, effective two (2) days after giving the Grantee notice of termination; and
11.2.2 give the Grantee a written notice specifying the Event of Default and suspending all payments to be made under this Agreement and ordering that the portion of the Grant Amount which would otherwise accrue to the grantee during the period from the date of such notice until such time as the State determines that the Grantee has cured the Event of Default shall never be paid to the Grantee; and
11.2.3 set off against any other obligation the State may owe to the Grantee any damages the State suffers by reason of any Event of Default; and
11.2.4 treat the agreement as breached and pursue any of its remedies at law or in equity, or both.
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”):
8.1.1 failure to perform the Services satisfactorily or on schedule;
8.1.2 failure to submit any report required hereunder; and/or
8.1.3 failure to perform any other covenant, term or condition of this Agreement.
8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:
8.2.1 give the Contractor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely remedied, terminate this Agreement, effective two
Event of Default Remedies. 8.1. Any one or more of the following acts or omissions of the Vendor shall constitute an event of default hereunder ("Events of Default"):
8.1.1. failure to deliver the goods or services satisfactorily or on schedule; or
8.1.2. failure to submit any report required hereunder; or
8.1.3. failure to perform any of the other covenants and conditions of this agreement.
8.2. Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions:
8.2.1. give the Vendor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty
Event of Default Remedies. Notwithstanding any provision of this Agreement to the contrary, if an Event of Default by Manager occurs, City may exercise any or all of the following remedies: (a) immediately terminating this Agreement; (b) deeming Manager ineligible from consideration for any future funding from City; (c) any other remedy specified in this Agreement; or (d) any remedy available at law or in equity. The rights and remedies of City under this Agreement are cumulative and exercise of any one or more of such rights or remedies shall not limit, waive, or prevent City’s exercise of any other rights or remedies under this Agreement, at law or in equity, existing as of the Effective Date or later enacted or established, that may be available to City against Manager. In addition to any and all other rights or remedies under this Agreement, at law, or in equity that may be available to City on the occurrence of a Default or an Event of Default by Manager, if Manager is in Default of this Agreement, City may take one or more of the following actions by Notice to Manager: (i) suspending one or more Assessment distributions to Manager, pending correction of the Default; or (ii) disallowing expenditure of Assessments for all or part of the Activities.
