General Rights and Remedies. If any Actionable Default is in existence, then, in each and every such case, the Collateral Agent may, at its option exercised from time to time, and at the written direction of the requisite Secured Parties will, subject to and as provided in Section 6 of the Intercreditor Agreement, at any time thereafter while such Actionable Default is continuing, exercise any rights, powers and remedies available to the Collateral Agent under this Agreement, the Intercreditor Agreement and applicable Laws.
General Rights and Remedies. All of the rights and remedies of a secured party under the Uniform Commercial Code or under other applicable law, and all other legal and equitable rights to which Bank may be entitled, all of which rights and remedies shall be cumulative, and none of which shall be exclusive, to the extent permitted by law, in addition to any other rights or remedies contained in this Agreement or in any of the other Credit Documents.
General Rights and Remedies. Subject to the exclusions and limitations of liability in the Terms and Conditions, in the event any representation or warranty of any Party contained in this Agreement shall prove to have been incorrect in any material respect when made or deemed to have been made or if any Party fails to perform, observe or comply with any of its covenants or agreements contained in this Agreement, the other Party will be entitled to whatever rights or remedies are available at law or in equity. ***Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act.
General Rights and Remedies. If any Event of Default shall occur hereunder, then in each and every such case, the Lender may, at its option exercised from time to time, at any time thereafter while such Event of Default is continuing do any one or more of the following:
(1) declare without notice to the Borrower the unpaid principal amount of all or any of the Obligations (with accrued interest thereon) to be immediately due and payable, whereupon the same shall forthwith become due and payable, without presentment, demand, protest or notice of any kind, all of which the Borrower hereby expressly waives; and/or
(2) exercise any rights and remedies available to the Lender under this Agreement and applicable Laws.
General Rights and Remedies. 14 SECTION 8.
General Rights and Remedies. (a) Upon the occurrence of --------------------------- any Event of Default, Lender may, by written notice to Borrower (i) declare that the obligation of Lender to make any Advances hereunder shall immediately terminate and (ii) declare the unpaid principal amount of and any and all accrued and unpaid interest on the Note and other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest thereon calculated at the Default Rate from the occurrence of the Default until the Loan is paid in full and without presentation, demand, or protest or other requirements of any kind (including, without limitation, diligence, presentment, notice of intent to demand or accelerate and notice of acceleration), all of which are hereby expressly waived by Borrower.
(b) Lender may offset any indebtedness, obligations or liabilities owed by Lender to Borrower against any indebtedness, obligations or liabilities of Borrower to Lender.
(c) Upon the occurrence of an Event of Default, Lender may avail itself of any remedies available to it under the Loan Documents or at law or equity.
General Rights and Remedies. The Secured Party shall have all of the rights and remedies of a secured party under the UCC or under other applicable law, and the Secured Party shall have all other legal and equitable rights to which the Secured Party may be entitled, all of which rights and remedies shall be cumulative, and none of which shall be exclusive, to the extent permitted by law, in addition to any other rights or remedies contained in this Security Agreement or in any of the other Loan Documents.
General Rights and Remedies. The Collateral Agent shall have and may exercise, invoke or enforce all of the rights and remedies (i) provided to the Secured Parties under the Promissory Notes, and/or (ii) under applicable law or equity, and/or (iii) provided to a secured party by the UCC. The Debtor further agrees that in the event notice is necessary, written notice mailed (with a faxed copy contemporaneously sent to the Debtor at the facsimile number specified herein) to the Debtor at the address given in the Subscription Agreements five days prior to the date of public sale of property subject to the security interest of the Secured Parties or prior to the date after which private sale or any other disposition of said property will be made shall constitute reasonable notice, but notice given in any other reasonable manner or at any other reasonable time shall be sufficient to the extent received.
General Rights and Remedies. Upon the occurrence of a Default specified in Sections 6.1.8 and 6.1.9 above, the Commitments shall immediately and automatically terminate and the unpaid principal amount of the Note (with accrued interest thereon) and all other Obligations then outstanding, shall immediately become due and payable without further action of any kind and without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrowers. If any other Default shall occur hereunder, then in each and every such case, the Lender, may at any time thereafter while such Default is continuing do any one or more of the following:
(a) terminate any or all of the Commitments;
(b) declare without notice to the Borrowers the unpaid principal amount of all or the Note (with accrued interest thereon) and all other Obligations to be immediately due and payable, whereupon the same shall forthwith become due and payable, without presentment, demand, protest or notice of any kind, all of which the Borrowers hereby expressly waive; or
(c) exercise any rights and remedies available to the Lender under this Agreement, the Note, the other Financing Documents and applicable Laws.
General Rights and Remedies. Subject to the limitation of liability in Section 7.7 and the exclusion of liability in Section 6.3, in the event any representation or warranty of any party contained in this Agreement shall prove to have been incorrect in any material respect when made or deemed to have been made or if any party fails to perform, observe or comply with any of its covenants or agreements contained in this Agreement, the other party will be entitled to whatever rights or remedies are available at law or in equity.
