REMEDIES AFTER DEFAULT. 9.1 Upon the occurrence and during the continuance of a Default, all rights of Pledgor to exercise the voting and/or consensual rights and powers which it is entitled to exercise pursuant to paragraph 7 and/or to receive the dividends which it is authorized to receive and retain pursuant to paragraph 7 shall cease, and all such rights shall thereupon become vested in Pledgeholder who shall have the sole andexclusive right and authority to excercise such voting and/or consensual rights and powers and/or to receive and retain the dividends which Pledgor would otherwise be authorized to retain pursuant to paragraph 7. Any and all money and other property paid over to or received by Pledgeholder pursuant to the provisions of this paragraph 7 shall be retained by Pledgeholder as part of the Collateral and be applied in accordance with the provisions hereof. In the event of a default, Pledgeholder or Pledges may use the stock powers executed in blank and delivered hereunder to require that all or any part of the Collateral be transferred to Pledgee on the records of the Company and Pledgee shall be entitled to represent and vote the Shares. In addition to having the right to exercise any right or remedy of a secured party upon default under the California Commercial Code, Pledgeholder shall, if directed to do so by Written Notice, to the extent permitted by law, without being required to give any notice to Pledgor except as provided below:
9.1.1 Apply any cash held by it hereunder to the payment of all obligations of Pledgor under the Note as provided below in this paragraph 9.
9.1.2 If there shall be no such cash or if the cash so applied shall be insufficient to pay in full all such oblgations, sell the Collateral, or any part thereof, at public or private sale for cash, upon credit or for future delivery, and at such price or prices as Pledgeholder may deem best, and Pledgeholder or Pledgee may (except as otherwise provided by law ) be the purchaser of any or all of the Collateral so sold and thereafter may hold the same, absolutely, free from any right or claim of whatsoever kind. Pledgeholder is authorized, at such sale, if it deems it is advisable so to do, to restrict the number of prspective bidders or purchasers and/or further retrict such prospective bidders or purchasers to persons who will represent and agree that they are purchasing for their own account, for investment, and not with a view to the distribution or resale of the Collateral and may oth...
REMEDIES AFTER DEFAULT. (a) In the event of a Default, and before and after the payment of the Guarantees or the assumption by the Secretary of the Shipowner's rights and duties under the Indenture and the Obligations, and the making of any payments in default under the terms of Section 6.09 of the Indenture, the Secretary shall have the right to take the Vessel without legal process wherever the same may be (and the Shipowner or other Person in possession shall forthwith surrender possession of the Vessel to the Secretary upon demand) and hold, lay up, lease, charter, operate, or otherwise use the Vessel for such time and upon such terms as the Secretary may reasonably deem to be in the Secretary's best interest, accounting only for the net profits, if any, arising from the use of the Vessel, and charging against all receipts from the use of the Vessel, all reasonable charges and expenses relating to the Vessel's use.
(b) Upon either (i) payment of the Guarantees or (ii) the Secretary's assumption of the Shipowner's rights and duties under the Indenture and the Obligations, and the making of any payments in default under Section 6.09 of the Indenture, the Secretary shall have the right to:
(1) Exercise all the rights and remedies in foreclosure and otherwise given to mortgagees the laws of the United States, the country of documentation of the Vessel, or such other country in which the Vessel may be located at the time of the foreclosure;
(2) Bring suit at law, in equity or in admiralty to recover judgment for any and all amounts due under the Secretary's Note, this Security Agreement and the Mortgage, collect the same out of any and all of Shipowner's property, whether or not the same is subject to the lien of the Mortgage, and in connection therewith, obtain a decree ordering the sale of the Vessel in accordance with paragraph (b)(4) of this Section;
(3) Have a receiver of the Vessel appointed as a matter of right in any suit under this Section (and any such receiver may have the rights of the Secretary under paragraph (b)(4) of this Section;
(4) Sell the Vessel, free from any claim of the Shipowner, by a public extrajudicial sale, held at such time and place and in such manner as the Secretary may reasonably deem advisable, after twice publishing notice of the time and place of such sale prior to the proposed sale in the Authorized Newspapers to the Shipowner. Such publication and mailing is to be made at least 10 Business Days prior to the date fixed for such sale; PROVIDED ...
REMEDIES AFTER DEFAULT. In the event of any default CAPCO may do any one or more of the following:
REMEDIES AFTER DEFAULT. 25 SECTION 6.05. Application of Proceeds.....................................26 SECTION 6.06. General Powers of the Secretary.............................27
REMEDIES AFTER DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, NFS/BANK may do any one or more of the following:
REMEDIES AFTER DEFAULT. (a) (i) If any Facility Event of Default described in clause (h) of Section 9.01 shall occur, the Availability Period shall be automatically terminated and the outstanding principal amount of all outstanding Loans and all other Obligations shall automatically be and become immediately due and payable, without notice or demand to any Person.
REMEDIES AFTER DEFAULT. Upon the occurrence of any Event of Default, Lender or any subsequent holder of this Note may declare all sums of principal and interest evidenced by this Note to be accelerated and immediately due and payable without demand or notice of any kind, and Lxxxxx may thereupon exercise all rights and remedies granted or available to it at law or in equity. Further, upon the occurrence of an Event of Default, Lender may, as to any of the Collateral, exercise all rights and remedies available to Lender with respect thereto. If there is any Event of Default and this Note is placed in the hands of any attorney for collection, or is collected through any court, including any bankruptcy court, Bxxxxxxx promises and agrees to pay Lender its reasonable attorneys’ fees, court costs and all other expenses incurred in collecting or attempting to collect or securing or attempting to secure this Note or in connection with any of the foregoing, providing the same is legally allowed by the laws of the State of Indiana.
REMEDIES AFTER DEFAULT. In the event of a default, Riviera may do any one or more of the following without notice or demand to Client except as expressly required under this Agreement:
(a) declare any and all indebtedness, other than outstanding factored Accounts not subject to recourse, immediately due and payable in full;
(b) notify any Customers and take possession of Collateral and collect any Accounts without judicial process;
(c) take control in any manner of any goods, equipment, inventory or other personal property relating to any Account;
(d) require Client to assemble the Collateral and records pertaining to Accounts and deliver them to Riviera’s offices;
(e) exercise all or any of the rights and remedies of a secured creditor under the Uniform Commercial Code, any other law, or in equity;
(f) grant extensions, compromise claims of, or against, Client in contract or in tort, and settle Accounts or Collateral for less than face value;
(g) hold Client liable for any deficiency;
(h) Charge interest on any indebtedness at the highest rate permitted by law, which interest shall become part of the indebtedness.
REMEDIES AFTER DEFAULT. Upon or subsequent to the occurrence of an Event of Default:
REMEDIES AFTER DEFAULT. If an Event of Default as defined in the Loan Agreement or in any of the Security Documents (as defined in the Loan Agreement) has occurred and is continuing, the entire unpaid principal balance hereunder, and all other sums paid by Lender to or on behalf of Borrower pursuant to the terms of this Note, the Loan Agreement, the Security Documents or any of the other Loan Documents (as defined in the Loan Agreement), together with unpaid interest thereon, shall at the option of Lender become immediately due and payable without further notice or demand and Lender may forthwith exercise the remedies available to Lender at law and in equity as well as those remedies set forth in this Note, the Loan Agreement, the Security Documents and the other Loan Documents and one or more executions may forthwith issue on any judgment or judgments obtained by virtue thereof; and no failure on the part of Lender to exercise any of Lender's rights hereunder or under any other Loan Document shall be deemed a waiver of any such rights or of any default. Irrespective of the exercise or nonexercise of any of the aforesaid rights, Borrower shall pay interest with respect to all amounts not paid when due under this Note at a rate equal to four percent (4%) greater than the Prime Rate (as defined in the Loan Agreement), computed from the date due and calculated on the basis of the actual number of days elapsed over a year of three hundred sixty (360) days.
