Other Remedies of the Trustee Sample Clauses

Other Remedies of the Trustee. The Trustee shall have the right (a) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights hereunder against any Local Agency or any supervisor, council member, board member, trustee, member, officer or employee thereof, and to compel such Local Agency or any such supervisor, council member, board member, trustee, member, officer or employee thereof to observe or perform its or his or her duties under applicable law and the agreements, conditions, covenants and terms contained herein, or in the applicable Note and Note Resolution, required to be observed or performed by it or him or her; (b) by suit in equity to enjoin any acts or things which are unlawful or violate the rights of the Trustee or the Owners; or (c) by suit in equity upon the happening of any default hereunder to require any Local Agency and any supervisor, council member, board member, trustee, member, officer and employee to account as the trustee of any express trust.
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Other Remedies of the Trustee. The Trustee shall have the right: (a) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights against the Corporation or the City or any member, officer or employee thereof, and to compel the Corporation or the City or any such member, officer or employee to perform or carry out its or his or her duties under law and the agreements and covenants required to be performed by it or him or her contained herein; (b) by suit in equity to enjoin any acts or things which are unlawful or violate the rights of the Trustee; or (c) by suit in equity upon the happening of any default hereunder to require the Corporation and the City to account as the trustee of an express trust.
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Other Remedies of the Trustee. Subject to the provisions of Section 7.01 hereof, the Trustee shall have the right: (a) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights against the Authority or the City or any member, director, officer or employee thereof, and to compel the Authority or the City or any such member, director, officer or employee to perform or carry out its or his or her duties under law and the agreements and covenants required to be performed by it or him or her contained herein; (b) by suit in equity to enjoin any acts or things which are unlawful or violate the rights of the Trustee; or (c) by suit in equity upon the happening of any event of default hereunder to require the Authority and the City to account as the trustee of an express trust.
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Other Remedies of the Trustee. (a) Subject to the provisions of Section 7.02 hereof, the Trustee shall have the (i) by written notice to the Authority and the City, declare the outstanding principal amount of the Bonds to be immediately due and payable without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue; (ii) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights against the Authority and/or the City or any member, director, officer or employee thereof, and to compel the Authority and/or the City or any such member, director, officer or employee to perform or carry out its or his or her duties under law and the agreements and covenants required to be performed by it or him or her contained herein, in the Bonds or in the other Financing Documents; (iii) by suit in equity to enjoin any acts or things which are unlawful or violate the rights of the Trustee or the Owners; and (iv) by suit in equity upon the happening of any Event of Default hereunder to require the Authority and the City to account as if they were the trustee of an express trust. (b) Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Owner any plan of reorganization, arrangement, adjustment or composition affecting the Bonds or the rights of any Owner thereof, or to authorize the Trustee to vote in respect of the claim of any Owner in any such proceeding without the approval of the Owners so affected.
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Other Remedies of the Trustee. Subject to the provisions of Section 7.01 hereof, the Trustee shall have the right: (a) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights against the Authority or the City or any member, director, officer or employee thereof, and to compel the Authority or the City or any such member, director, officer or employee to perform or carry out its or his or her duties under law and the agreements and covenants required to be performed by it or him or her contained herein; (b) by suit in equity to enjoin any acts or things which are unlawful or violate the rights of the Trustee; or (c) by suit in equity upon the happening of any event of default hereunder to require the Authority and the City to account as the trustee of an express trust. Nothing herein shall be deemed to authorize the Trustee to authorize or consent to or accept or adopt on behalf of any Owner any plan of reorganization, arrangement, adjustment or composition affecting the Bonds or the rights of any Owner thereof, or to authorize the Trustee to vote in respect of the claim of any Owner in any such proceeding without the approval of the Owners so affected.
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Other Remedies of the Trustee. The Trustee may, with the consent of the Certificate Insurer, and to the extent indemnified to its satisfaction shall, at the • direction of the Certificate Insurer: (a) by mandamus or other action or proceeding or suit at law or in equity, institute action to enforce its rights against the Corporation or the District or any member of the Board of Directors or officer or employee of the District, and to compel the Corporation or the District or any member of the Board of Directors or officer or employee of the District to observe or perform its or his or her duties under applicable law and the agreements, conditions, covenants and terms contained herein required to be observed or performed by it or him or her; (b) by suit in equity, institute action to enjoin any acts or things which are unlawful or violate the rights of the Trustee; or (c) by suit in equity upon the happening of an Event of Default hereunder, institute action to require the Corporation or the District or any member of the Board of Directors or officer or employee of the District to account as the trustee of an express trust.
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Other Remedies of the Trustee. The Trustee shall have the right: (a) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights against the District or any director, officer or employee thereof, and to compel the District or any such director, officer or employee to perform or carry out its or his duties under law and the agreements and covenants required to be performed by it or him contained herein; (b) by suit in equity to enjoin any acts or things which are unlawful or violate the rights of the Trustee; or (c) by suit in equity upon the happening of any default hereunder to require the District and its directors, officers and employees to account as the trustee of an express trust.
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Other Remedies of the Trustee. The Trustee shall have the right— (a) by mandamus or other action or proceeding or suit at law or in equity to enforce its rights against any Participant or any trustee, member, officer or employee thereof, and to compel any such Participant or any such trustee, member, officer or employee thereof to observe or perform its or his duties under applicable law and the agreements, conditions, covenants and terms contained herein, or in the applicable Series of District Notes and Participant Resolution, required to be observed or performed by it or him;
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Related to Other Remedies of the Trustee

  • Remedies of the Bank Section 5.01. Pursuant to Section 6.02 (p) of the General Conditions, the following additional events are specified: (a) MMA or IBAMA or INCRA or FUNAI shall have failed to perform any of their respective obligations under the MMA Implementation Agreement, the IBAMA Implementation Agreement, the INCRA Cooperation Agreement, or the FUNAI Cooperation Agreement; (b) MMA shall have assigned, amended, abrogated or failed to enforce the MMA Implementation Agreement, the IBAMA Implementation Agreement, the INCRA Cooperation Agreement or the FUNAI Cooperation Agreement without the Bank’s prior agreement; (c) Any State or Municipality shall have failed to perform any of their respective obligations under the State Cooperation Agreement or Municipality Cooperation Agreement provided, however, that the suspension of the Recipient’s right to make withdrawals from the GEF Trust Fund Grant Account may be limited by the Bank to withdrawals in respect of Project expenditures incurred or to be incurred by said State or Municipality; (d) the SNUC Law or the Presidential Decree shall have been amended, suspended, abrogated, repealed or waived so as to affect materially and adversely the ability of the Recipient, MMA or IBAMA, to perform any of its obligations under this Agreement, the MMA Implementation Agreement, the IBAMA Implementation Agreement, the INCRA Cooperation Agreement, or the FUNAI Cooperation Agreement; (e) the KFW Grant Agreement or the Brazil Connects Grant Agreement shall have failed to become effective by a date eighteen months after the Effective Date, or such later date as the Bank may agree; provided, however, that the provisions of this paragraph shall not apply if the Recipient or the FRB establish to the satisfaction of the Bank that adequate funds for the Project are available to the Recipient from other sources on terms and conditions consistent with the obligations of the Recipient under this Agreement; (i) Subject to subparagraph (ii) of this paragraph, the right of the FRB or the Recipient, as the case may be, to withdraw the proceeds of the KFW Grant or the WWF Grant or the Brazil Connects Grant shall have been suspended, canceled or terminated in whole or in part, pursuant to the terms of the KFW Grant Agreement or the WWF Grant Agreement or the Brazil Connects Grant Agreement; or (ii) Subparagraph (i) of this paragraph shall not apply if the Recipient or the FRB establish, to the satisfaction of the Bank that: (A) such suspension, cancellation, or termination is not caused by the failure of the Recipient or the FRB, as the case may be, to perform any of their respective obligations under such agreements; and (B) adequate funds for the Project are available to the Recipient or the FRB from other sources on terms and conditions consistent with the obligations of the Recipient under this Agreement or MMA under the MMA Implementation Agreement; and (g) the Recipient shall have modified its governance structure in such a manner that, in the Bank’s opinion, it jeopardizes its ability to control the Endowment Fund and comply with the Project’s obligations related to the Endowment Fund.

  • Other Remedies Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

  • REMEDIES OF THE PARTIES a. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract ; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. c. If Sellers fail to timely perform their obligations under this contract, Buyers shall have the right to terminate this contract and have all payments made returned to them. d. Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorney's fees and costs as permitted by law.

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