Our Remedies. Upon the occurrence of an Event of Default or while it is ongoing, that continues beyond the expiration of any applicable notice or cure period: • we may, at our option upon written notice to you, declare all of your indebtedness to us under this Agreement and the Note to be immediately due and payable, whether such indebtedness was incurred prior, during the term, or subsequent to the date of this Agreement and whether represented in writing or otherwise, without presentment, demand, or further notice of any kind; and • all of our commitments and obligations under this Agreement or any other agreement will terminate; and • we may exercise all rights and remedies available under this Agreement, the Note and applicable law. You agree to pay all costs and expenses incurred by us in enforcing any obligation under this Agreement or the Note, including reasonable attorneys' fees. No failure or delay by us in exercising any rights we may have will operate as a waiver of such right, nor will any single or partial exercise of any right preclude any other future exercise of such right, or the exercise of any other right we may have; and • if any Event of Default shall occur, we will have the additional right, at our sole option, to file an appropriate collection action against you. You further agree that our remedies are cumulative in nature and nothing under this Agreement or otherwise shall be construed as to limit the options and remedies available to us following any event of default under this Agreement or otherwise, and • except as prohibited by applicable law, all of our rights and remedies shall be cumulative and may be exercised singularly or concurrently. If we choose to pursue any remedy it shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of yours shall not affect our right to declare a default and to exercise all of our rights and remedies.
Appears in 6 contracts
Samples: Participated Loan Agreement, Syndicated Loan Agreement, Syndicated Loan Agreement
Our Remedies. Upon the occurrence of an Event of Default or while it is ongoing, that continues beyond the expiration of any applicable notice or cure period: • � we may, at our option upon written notice to you, declare all of your indebtedness to us under this Agreement and the Note to be immediately due and payable, whether such indebtedness was incurred prior, during the term, or subsequent to the date of this Agreement and whether represented in writing or otherwise, without presentment, demand, or further notice of any kind; and • � all of our commitments and obligations under this Agreement or any other agreement will terminate; and • � we may exercise all rights and remedies available under this Agreement, the Note and applicable law. You agree to pay all costs and expenses incurred by us in enforcing any obligation under this Agreement or the Note, including reasonable attorneys' fees. No failure or delay by us in exercising any rights we may have will operate as a waiver of such right, nor will any single or partial exercise of any right preclude any other future exercise of such right, or the exercise of any other right we may have; and • � if any Event of Default shall occur, we will have the additional right, at our sole option, to file file an appropriate collection action against you. You further agree that our remedies are cumulative in nature and nothing under this Agreement or otherwise shall be construed as to limit the options and remedies available to us following any event of default under this Agreement or otherwise, and • � except as prohibited by applicable law, all of our rights and remedies shall be cumulative and may be exercised singularly or concurrently. If we choose to pursue any remedy it shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of yours shall not affect affect our right to declare a default and to exercise all of our rights and remedies.
Appears in 1 contract
Samples: Syndicated Loan Agreement