Common use of Primary Remedies Clause in Contracts

Primary Remedies. In any such event, and at any time after the occurrence of any of the above described events, the Agent, if directed by the Majority Banks, shall by written notice to the Company (a "Notice of Default") take any or all of the following actions (without prejudice to the rights of any Bank to enforce any other rights it may have against the Company, provided that, if an Event of Default specified in Section 9.01(e) or Section 9.01(f) shall occur, the following shall occur automatically without the giving of any Notice of Default): (a) declare the Commitments terminated, whereupon the Commitments shall forthwith terminate immediately and any Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein provided), all of which are hereby waived by the Company; (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06); and (d) exercise any rights or remedies under any of the Loan Documents or under any applicable state or federal law.

Primary Remedies. In any such event, and at any time after ---------------- the occurrence of any of the above described events, the Administrative Agent, if directed by the Majority Banks, shall by written notice to the Company (a "Notice of Default") take any or all of the following actions (without prejudice ----------------- to the rights of any Bank to enforce any other rights it may have against the Company, provided that, if an Event of Default specified in Section 9.01(e) or Section 9.01(f-------- --------------- Section 9.01 (f) shall occur, the following shall occur automatically without the --------------- giving of any Notice of Default): (a) declare the Commitments terminated, whereupon the Commitments shall forthwith terminate immediately and any Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-non- payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein provided), all of which are hereby waived by the Company; (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06); and (d) ------------- exercise any rights or remedies under any of the Loan Documents or under any applicable state or federal law.

Primary Remedies. In the event of any such eventEvent of Default, and at any time after the occurrence of any Event of the above described eventsDefault, the AgentAgent shall, if directed requested by the Majority BanksRequisite Lenders, shall by written notice to the Company Borrower (a "“Notice of Default"”) take any or all of the following actions (without prejudice to the rights of any Bank Lender to enforce any other rights it may have against the CompanyBorrower, provided that, if an Event of Default specified in Section 9.01(e9.01(f) or Section 9.01(f9.01(g) shall occur, the following shall occur automatically without the giving of any Notice of Default): (a) declare the Commitments terminated, Total Revolving Credit Commitment terminated whereupon the Commitments Total Revolving Credit Commitment shall forthwith terminate immediately and any Revolving Credit Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein provided)kind, all of which are hereby waived by the Company; (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06)Borrower; and (dc) exercise any rights or remedies under any of the Loan Documents or under any applicable state or federal lawDocuments.

Primary Remedies. In any such event, and at any time after the occurrence of any of the above described events, the AgentAgent shall, if directed requested by the Majority BanksLenders, shall by written notice to the Company (a "Notice of Default") take any or all of the following actions (without prejudice to the rights of any Bank Lender to enforce any other rights it may have against the Company, provided that, if an Event of Default specified in Section 9.01(e9.01(f) or Section 9.01(f9.01(g) shall occur, the following shall occur automatically without the giving of any Notice of Default): (a) declare the Commitments Total Revolving Credit Commitment terminated, whereupon the Commitments Total Revolving Credit Commitment shall forthwith terminate immediately and any Revolving Credit Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein provided)kind, all of which are hereby waived by the Company; and (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06); and (d) exercise any rights or remedies under any of the Loan Documents or under any applicable state or federal lawDocuments.

Primary Remedies. In the event of any such eventEvent of Default, and at any time after the occurrence of any Event of the above described eventsDefault, the AgentAgent shall, if directed requested by the Majority BanksLenders, shall by written notice to the Company (a "Notice of Default") take any or all of the following actions (without prejudice to the rights of any Bank Lender to enforce any other rights it may have against the Company, provided that, if an Event of Default specified in Section 9.01(e9.01(f) or Section 9.01(f9.01(g) shall occur, the following shall occur automatically without the giving of any Notice of Default): ): (a) declare the Commitments terminated, Total Commitment terminated whereupon the Commitments Total Commitment shall forthwith terminate immediately and any Revolving Credit Commitment Fee and any other owing and unpaid Acquisition Facility Commitment Fee shall forthwith become due and payable without any other notice of any kind; , (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein provided)kind, all of which are hereby waived by the Company; and (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06); and (d) exercise any rights or remedies under any of the Loan Documents or under any applicable state or federal lawDocuments.

Primary Remedies. In any such event, and at At any time after the occurrence of any of the above described events, or any occurrence which, with the giving of notice or the passage of time, or both, would become a Default or an Event of Default, the Agent, if directed by the Majority Banks, shall by written notice to the Company (a "Notice of DefaultNOTICE OF DEFAULT") take any or all of the following actions (without prejudice to the rights of any Bank to enforce any other rights it may have against the Company, provided PROVIDED that, if an Event of Default specified in Section 9.01(eSECTION 9.01(E) or Section 9.01(fSECTION 9.01(F) shall occur, the following shall occur automatically without the giving of any Notice of Default): (a) declare the Commitments terminated, whereupon the Commitments shall forthwith terminate immediately and any Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein expressly provided), all of which are hereby waived by the Company; (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06)Obligations; and (d) exercise any rights or remedies under any document securing any of the Loan Documents or under any applicable state or federal law.

Primary Remedies. In any such event, and at any time after the occurrence of any of the above described events, the Agent, if directed by the Majority Banks, shall by written notice to the Company (a "Notice of Default") take any or all of the following actions (without prejudice to the rights of any Bank to enforce any other rights it may have against the Company, provided that, if an Event of Default specified in Section 9.01(e) or Section 9.01(f) shall occur, the following shall occur automatically without the giving of any Notice of Default): (a) declare the Commitments terminated, whereupon the Commitments shall forthwith terminate immediately and any Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-non- payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein provided), all of which are hereby waived by the Company; (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06); and (d) exercise any rights or remedies under any of the Loan Documents or under any applicable state or federal law.

Primary Remedies. In any such event, and at any time after the occurrence of any of the above described events, the Agent, if directed by the Majority Banks, shall by written notice to the Company (a "Notice of Default") take any or all of the following actions (without prejudice to the rights of any Bank to enforce any other rights it may have against the Company, provided that, if an Event of Default specified in Section 9.01(e) or Section 9.01(f) shall occur, the following shall occur automatically without the giving of any Notice of Default): (a) declare the Commitments terminated, whereupon the Commitments shall forthwith terminate immediately and any Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-non- payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein provided), all of which are hereby waived by the Company; (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06)Obligations; and (d) exercise any rights or remedies under any document securing any of the Loan Documents or under any applicable state or federal law.

Primary Remedies. In any such event, and at any time after the occurrence of any of the above described events, the Agent, if directed by the Majority Banks, shall by written notice to the Company (a "Notice of DefaultNOTICE OF DEFAULT") take any or all of the following actions (without prejudice to the rights of any Bank to enforce any other rights it may have against the Companyactions, provided PROVIDED that, if an Event of Default specified in Section 9.01(eSECTION 10.01(E) or Section 9.01(fSECTION 10.01(F) shall occur, the following shall occur automatically without the giving of any Notice of Default): : (a) declare -45- the Commitments terminated, whereupon the Commitments shall forthwith terminate immediately and any Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein expressly provided), all of which are hereby waived by the Company; (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06)Obligations; and (d) exercise any rights or remedies under any document securing any of the Loan Documents or under any applicable state or federal law.

Primary Remedies. In any such event, and at any time after the occurrence of any of the above described events, the Agent, if directed by the Majority Banks, shall by written notice to the Company (a "Notice of DefaultNOTICE OF DEFAULT") take any or all of the following actions (without prejudice to the rights of any Bank to enforce any other rights it may have against the Companyactions, provided PROVIDED that, if an Event of Default specified in Section 9.01(eSECTION 10.01(E) or Section 9.01(fSECTION 10.01(F) shall occur, the following shall occur automatically without the giving of any Notice of Default): : (a) declare the Commitments terminated, whereupon the Commitments shall forthwith terminate immediately and any Commitment Fee and any other owing and unpaid Fee shall forthwith become due and payable without any other notice of any kind; (b) declare the principal of and any accrued and unpaid interest in respect of all Advances, and all obligations owing hereunder, to be, whereupon the same shall become, forthwith due and payable without presentment, demand, notice of demand or of dishonor and non-payment, protest, notice of protest, notice of intent to accelerate, declaration or notice of acceleration or any other notice of any kind (except as herein expressly provided), all of which are hereby waived by the Company; (c) set off any assets or money of the Company or any Guarantor in its or any Bank's possession against the Obligations (and thereafter in accordance with Section 11.06)Obligations; and (d) exercise any rights or remedies under any document securing any of the Loan Documents or under any applicable state or federal law.