Lender’s Remedies. Upon the happening of an Event of Default, after notice to Company of the Event of Default, as set forth above, and, if an action to cure is specified in the notice, Company's failure to cure the deficiency with the time specified in the notice, Holder may, in addition to other rights and remedies permitted by law, proceed with any and all of the following remedies in any order or combination Holder may choose in its sole discretion: (i) Terminate this Agreement, in which case the Holder may declare the entire principal amount of the Debenture outstanding and all accrued interest immediately due and payable and demand, at the Holder's election, that the Company convert the Debenture pursuant to paragraph 4; or (ii) Bring an action for equitable relief (1) seeking the specific performance by Company of the terms and conditions of the Debenture, Purchase Agreement, or related documents, and/or enjoining, abating, or preventing any violation of said terms and conditions, and./or (3) seeking declaratory relief.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Cryocon Inc), Securities Purchase Agreement (Cryocon Inc), Securities Purchase Agreement (Cryocon Inc)
Lender’s Remedies. Upon the happening of an Event of Default, after notice to Company of the Event of Default, as set forth above, and, if an action to cure is specified in the notice, Company's failure to cure the deficiency with the time specified in the notice, Holder may, in addition to other rights and remedies permitted by law, proceed with any and all of the following remedies in any order or combination Holder may choose in its sole discretion:
(i) Terminate this Agreement, in which case the Holder may declare the entire principal amount of the Debenture outstanding and all accrued interest immediately due and payable and demand, at the Holder's election, that the Company redeem the Debentures in accordance with paragraph 3, convert the Debenture pursuant to paragraph 4, or demand immediate full payment of the principal amount outstanding and all accrued interest under the Debenture; or
(ii) Bring an action for equitable relief (( 1) seeking the specific performance by Company of the terms and conditions of the Debenture, Purchase Agreement, or related documents, and/or enjoining, abating, or preventing any violation of said terms and conditions, and./or (3and./or(3) seeking declaratory relief.
Appears in 1 contract
Samples: Purchase Agreement (Cryocon Inc)