Lessor's Rights and Remedies Sample Clauses

Lessor's Rights and Remedies. In case of an Event of Default by Lessee under the Lease, Lessor will have the right to exercise any one or more of the following remedies: (a) To terminate the Lease of the Equipment and Lessee's rights thereunder as to any or all items of such Equipment; (b) To repossess the Equipment without legal process. Lessee agrees that, upon default, Lessor or Lessor's agent may enter upon any premises where the Equipment is located and repossess and remove it. Lessee specifically waives any right of action Lessee might otherwise have arising out of the entry and repossession, and releases Lessor of any claim for trespass or damage caused by reason of the entry, repossession, or removal. Any repossession of a particular item of Equipment will not constitute a termination of this Lease as to any other items of Equipment, unless Lessor expressly so notifies Lessee in writing; (c) To exercise any other remedy permitted at law or in equity.
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Lessor's Rights and Remedies. After the default of Lessee, and on notice from Lessor that Lessee is in default, Lessor shall have the following options: (a) To terminate the Lease and Lessee's rights under this Lease including Lessee's Option (as hereinafter defined); (b) To declare the balance of all unpaid charges of any kind required of Lessee under the Lease to be due and payable immediately, in which event Lessor shall be entitled to the balance due together with interest at the rate of eight percent (8%) per annum from the date of notification of default to the date of payment; and (c) To repossess the Leased Property without process free of all rights of Lessee in and
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Lessor's Rights and Remedies. Lessor may terminate this lease for any reason upon one hundred eighty (180) days written notice to Lessee. Such notice of termination shall not constitute a breach of this lease and Lessor shall not be liable in damages therefore. This lease agreement may be terminated by the Lessor upon ninety (90) days written notice in the event of material breach by the Lessee of the terms and conditions stated herein. Material breach includes, but is not limited to, situations in which Lessee's interest, or any part of its interest, in this Lease is assigned or transferred, either voluntarily or by operation of law, except with Lessor's consent, or any other violation of the Covenants of Lessee specified herein. Lessee shall be in default under this Lease if Lessee fails to observe or perform any of the provisions of this Lease (other than the payment of money) to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after receipt of written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee’s default is such that more than thirty
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Lessor's Rights and Remedies. Upon any event of default and a failure by Lessee to cure the payment of money within fifteen (15) days or to cure other defaults within thirty (30) days after the giving of written notice thereof by Lessor to Lessee, Lessor, at its option and without further demand or notice, shall have the following rights and remedies: (a) allow Lessee to remain in possession and institute proceedings for the collection of all overdue rental, together with costs of collection and reasonable attorneys' fees, all without relief from valuation or appraisement laws; or (b) prohibit in any lawful manner Lessee's access to and use of the Leased Property until any default by Lessee under this Lease has been cured; or (c) retake possession of the Leased Property, terminate this Lease and relet the Leased Property to a third party or third parties and institute proceeding for the collection of a sum equal to the cost of recovering possession and the unpaid rent due on the date of default,; or (d) perform any covenant or obligation of Lessee and charge all amounts paid by Lessor, together with interest thereon at the prime interest rate plus 600 basis points to a maximum of ten percent (10%) per annum, to Lessee; or (e) retake possession of the Leased Property, without terminating this Lease, make alterations and repairs reasonably necessary for reletting the Leased Property and relet the same or any part thereof for such term or terms (which may extend beyond the term of this Lease) at such rental and upon such terms and conditions as Lessor in it reasonable discretion deems advisable; or (I) pursue any other remedy available at law or in equity. No reentry onto or taking possession of the Leased Property, notwithstanding any provision of this Lease to the contrary, shall be construed as an election of Lessor to terminate this Lease unless Lessor gives written notice of termination to Lessee. Notwithstanding any reletting without termination, Lessor may at any time thereafter elect to terminate this Lease for Lessee's previous default. Lessee shall not be in default with respect to a nonmonetary breach if such defaults cannot reasonably be cured within thirty (30) days so long as Lessee commences to cure such breach within such thirty (30) day period and continues in good faith and with diligence to complete such cure. Lessor shall have a duty to use reasonable efforts to relet the Leased Property. All rights and remedies of the Lessor herein specified are cumulative and are in ...
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Lessor's Rights and Remedies. After the default of Lessee, and on notice from Lessor that Lessee is in default, Lessor shall have the following options: i. To terminate the Agreement and Lessee's rights under the Agreement; ii. To declare the balance of all unpaid Rent required of Lessee under the Agreement to be due and payable immediately, in which event Lessor shall be entitled to the balance due together with interest at the rate of ten percent (10%) per annum, or the maximum rate permitted by law, whichever is less, from the date of notification of default to the date of payment; iii. To repossess the Property without legal process free of all rights of Lessee in and to the Property. Lessee authorizes Lessor or Lessor's agent to enter on any premises where the Property is located and repossess and remove it. Lessee specifically waives any right of action Lessee might otherwise have arising out of the entry and repossession, and releases Lessor of any claim for trespass or damage caused by reason of the entry, repossession, or removal.
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Lessor's Rights and Remedies. If the Lessee defaults, and if a notice of default is given as specified in Article 15 and the default remains uncorrected for ten (10) business days, Lessor may exercise any one or more of the following remedies:
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Lessor's Rights and Remedies. Upon Xxxxxx’s default, the balance of all unpaid Base Rent, other charges owed by Xxxxxx are deemed payable immediately, Lessor being entitled to the balance due together with interest at the rate of 5% percent per month from the date payment is past due to the date payment by Xxxxxx. Lessee will reimburse Lessor for all costs and expenses, including reasonable attorneys’ fees, incurred to collect monies due, and enforce Xxxxxx’s rights and remedies herein, together with interest at the rate of 5% percent per month from the date incurred. The remedies of Lessor will be cumulative to the extent permitted by law, and may be exercised partially, concurrently, or separately. The exercise of one remedy will not be deemed to preclude the exercise of any other. No failure of delay by Lessor to exercise any remedy or right under this Contract will operate as a waiver in any respect. Acceptance by Lessor of rent or other payments made by Xxxxxx after default will not be deemed a waiver if Xxxxxx’s rights and remedies arising from Xxxxxx’s default.
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Lessor's Rights and Remedies. If the Lessee defaults, and if a notice of default is given as specified in Article 14 and the default remains uncorrected for five (5) days, Lessor may exercise any one or more of the following remedies: (a) Termination of the Lease and Xxxxxx's rights under this Lease; A declaration that all due but unpaid rent and all other charges due under the Lease are due and payable immediately, and that Xxxxxx is entitled to this balance together with interest at the rate of one (1) percent per month from the date of notification of default to the date of payment; or
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Lessor's Rights and Remedies. Upon the default by Lessee as provided above, Lessor shall have the following rights and remedies: (A) To terminate the Lease and Lessee's rights under the Lease; and (B) To repossess the Title Plant, as updated by Lessee pursuant to section 5.3 below, without legal process free of all rights of Lessee in and to the Title Plant. Lessee authorizes Lessor or Lessor's agent to enter on any premises where the Title Plant is located and repossess and remove it. Lessee specifically waives any right or action Lessee might otherwise have arising out of the entry and repossession, and releases Lessor from any claim for trespass or damage caused by reason of the entry, repossession or removal.
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Related to Lessor's Rights and Remedies

  • 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: a. Declare Borrower's Obligations, whether evidenced by this Agreement, installment notes, demand notes or otherwise, immediately due and payable to the Bank;

  • 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 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.

  • Lenders Rights and Remedies (a) Upon the occurrence and continuation of an Event of Default (as defined in the Note), the Lender may exercise in respect of the Collateral, in addition to any and all other rights and remedies provided for herein or otherwise available to it under applicable law, all the rights and remedies of a secured party on default under applicable law, including, but not limited to, the UCC in effect at the time, and the Lender may also, without notice except as specified below, sell the Collateral or any part thereof in one or more parcels at public or private sale, at any exchange, broker’s board or at Lender’s principal office or elsewhere, for cash, on credit or for future delivery, and at such price or prices and upon such other terms as the Lender may deem commercially reasonable. The Lender may require the Company to assemble the Collateral and deliver it to a place designated by the Lender. The Lender may proceed to sell or otherwise dispose of the Collateral at public or private sale for cash or credit; provided, however, that the Company shall be credited with proceeds of such sale only when the proceeds are actually received by the Lender. The Company agrees that, to the extent notice of sale shall be required by law, at least 10 days’ notice to the Company at the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. The Lender shall not be obligated to make any sale of Collateral regardless of any notice of sale having been given. The Lender may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor and such sale, without further notice, may be made at the time and place to which it was so adjourned. (b) Any cash held by the Lender as Collateral and all cash proceeds by Lender in respect of any sale of, collection from, other realization upon all or any part of the Collateral may, in the sole and arbitrary discretion of the Lender, shall be held by the Lender as Collateral for, and/or then or at any time thereafter applied in whole or in part by the Lender against, all or any part of the expenses and costs to exercise by the Lender of its rights hereunder, and to the Obligations then remaining unpaid as the Lender shall elect. Any surplus of such cash or cash proceeds held by the Lender and remaining after payment in full of the Obligations shall be paid over to the Company or to whomsoever may be lawfully entitled to receive such surplus. (c) All provisions contained herein pertaining to Lender’s remedies shall be and are severable and cumulative.

  • Secured Party’s Rights and Remedies If at any time (1) an Event of Default or Specified Condition with respect to the Pledgor has occurred and is continuing or (2) an Early Termination Date has occurred or been designated as the result of an Event of Default or Specified Condition with respect to the Pledgor, then, unless the Pledgor has paid in full all of its Obligations that are then due, the Secured Party may exercise one or more of the following rights and remedies: (i) all rights and remedies available to a secured party under applicable law with respect to Posted Collateral held by the Secured Party; (ii) any other rights and remedies available to the Secured Party under the terms of Other Posted Support, if any; (iii) the right to Set-off any amounts payable by the Pledgor with respect to any Obligations against any Posted Collateral or the Cash equivalent of any Posted Collateral held by the Secured Party (or any obligation of the Secured Party to Transfer that Posted Collateral); and (iv) the right to liquidate any Posted Collateral held by the Secured Party through one or more public or private sales or other dispositions with such notice, if any, as may be required under applicable law, free from any claim or right of any nature whatsoever of the Pledgor, including any equity or right of redemption by the Pledgor (with the Secured Party having the right to purchase any or all of the Posted Collateral to be sold) and to apply the proceeds (or the Cash equivalent thereof) from the liquidation of the Posted Collateral to any amounts payable by the Pledgor with respect to any Obligations in that order as the Secured Party may elect. Each party acknowledges and agrees that Posted Collateral in the form of securities may decline speedily in value and is of a type customarily sold on a recognized market, and, accordingly, the Pledgor is not entitled to prior notice of any sale of that Posted Collateral by the Secured Party, except any notice that is required under applicable law and cannot be waived.

  • Rights and Remedies Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

  • 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 retaking, holding, preparing for sale or the like, and all reasonable attorneys' fees, legal expenses and other costs and expenses incurred by the Agent in connection with the collection of the Obligations and the enforcement of the Agent's rights under this Agreement. The Debtor shall remain liable for any deficiency if the Proceeds of any sale or other disposition of the Collateral applied to the Obligations are insufficient to pay the Obligations in full to the extent provided in the Loan Documents. The Agent may apply the Collateral against the Obligations as provided in the Credit Agreement. The Debtor waives all rights of marshalling, valuation and appraisal in respect of the Collateral. Any cash held by the Agent as Collateral and all cash proceeds received by the Agent in respect of any sale of, collection from or other realization upon all or any part of the Collateral may, in the discretion of the Agent, be held by the Agent as collateral for, and then or at any time thereafter applied in whole or in part by the Agent against, the Obligations in the order permitted by the Credit Agreement. Any surplus of such cash or cash proceeds and interest accrued thereon, if any, held by the Agent and remaining after payment in full of all the Obligations shall be promptly paid over to the Debtor or to whomsoever may be lawfully entitled to receive such surplus; provided that the Agent shall have no obligation to invest or otherwise pay interest on any amounts held by it in connection with or pursuant to this Agreement. (b) The Agent may cause any or all of the Collateral held by it to be transferred into the name of the Agent or the name or names of the Agent's nominee or nominees. (c) The Agent may exercise any and all of the rights and remedies of the Debtor under or in respect of the Collateral, including, without limitation, any and all rights of it to demand or otherwise require payment of any amount under, or performance of any provision of, any of the Collateral. (d) The Agent may collect or receive all money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so. (e) On any sale of the Collateral, the Agent is hereby authorized to comply with any limitation or restriction with which compliance is necessary, in the view of the Agent's counsel, in order to avoid any violation of applicable law or in order to obtain any required approval of the purchaser or purchasers by any applicable Governmental Authority.

  • 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.

  • Lessor’s Remedies In the event Lessee is in default pursuant to the conditions set forth in Section 15.01 above, Lessor, during the continuation of such default, shall have the option of pursuing either of the following remedies: (a) Lessor may terminate this Lease Agreement, in which event Lessee immediately shall surrender possession of the Demised Premises. All obligations of Lessee under the Lease Agreement, including Lessee’s obligation to pay rent under the Lease Agreement, shall cease upon the date of termination except for Lessee’s obligation to pay rent due and outstanding as of the date of termination. (b) Lessor, without terminating the Lease Agreement, may require Lessee to remove all property from the Common Improvements within thirty (30) days so that Lessor may re-enter and relet the premises to minimize Lessor’s damages. In the event Lessee shall fail to remove all property within thirty (30) days after said demand, Lessor shall be entitled to remove Lessee’s property to a storage facility, and all reasonable costs of such removal and storage shall be deemed additional rent under the Lease Agreement for which Lessee is responsible for payment. Lessor may enforce all of its rights and remedies under this Lease Agreement, including the right to recover the rent as it becomes due hereunder, provided that Lessor shall have an affirmative obligation to use Lessor’s best efforts to re-let the Common Improvements and to mitigate its damages under the Lease Agreement. (c) If this Lease Agreement is terminated as set forth, Lessor may relet the Common Improvements (or any portion thereof) for such rent and upon such terms as Lessor is able to obtain (which may be for lower or higher rent, and for a shorter or longer term), and Lessee shall be liable for all damages sustained by Lessor, including but not limited to any deficiency in Rent for the duration of the Lease Term (or for the period of time which would have remained in the Lease Term in the absence of any termination, leasing fees, attorneys’ fees, other marketing and collection costs and all expenses of placing the Common Improvements in first class rentable condition). (d) Nothing contained herein diminishes any right Lessor may have under South Carolina law to xxx Lessee for damages in the event of any default by Lessee under this Lease Agreement, or from pursuing any other remedy available to Lessor at law or in equity.

  • 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.

  • 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.

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