Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, Lender may pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that none of such remedies shall be to the exclusion of any other: (a) Take possession of the Facilities and do anything which is necessary or appropriate in its sole judgment to fulfill the obligations of Borrower under this Agreement and the other Loan Documents; (b) Declare the Note to be immediately due and payable; (c) Use and apply any monies or letters of credit deposited by Borrower with Lender, regardless of the purposes for which the same was deposited, to cure any such Event of Default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender; (d) Exercise or pursue any other remedy or cause of action permitted under this Agreement or any other Loan Documents, or conferred upon Lender by operation of Law. Notwithstanding the foregoing, upon the occurrence of any Event of Default under Section 13.1(g), all amounts evidenced by the Note shall automatically become due and payable, without any presentment, demand, protest or notice of any kind to Borrowers.
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Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)
Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, including, without limitation, the filing by any Borrower of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender may shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that none of all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Take possession of the Facilities and do anything which is necessary or appropriate in its sole judgment to fulfill the obligations of Borrower under this Agreement and the other Loan Documents;
(b) Declare the Note to be immediately due and payable;
(cb) Use and apply any monies or letters of credit deposited by any Borrower with Lender, including amounts in the Escrow Account, regardless of the purposes purpose for which the same was deposited, to cure any such Event of Default default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender;; and
(dc) Exercise or pursue any other right or remedy or cause of action permitted under this Agreement or any other of the Loan Documents, Documents or conferred upon Lender by operation of Law. Notwithstanding the foregoing, upon the occurrence of any Event of Default under Section 13.1(g), all amounts evidenced by the Note shall automatically become due and payable, without any presentment, demand, protest or notice of any kind available to BorrowersLender at law or in equity or otherwise.
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Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)
Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, including without limitation the filing, by Borrower, of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender may shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that none of all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Take possession of the Facilities and do anything which is necessary or appropriate in its sole judgment to fulfill the obligations of Borrower under this Agreement and the other Loan Documents;
(b) Declare the Note to be immediately due and payable;
(cb) Use and apply any monies or letters of credit deposited by Borrower with Lender, including amounts in the Escrow Account, regardless of the purposes purpose for which the same was deposited, to cure any such Event of Default default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender;; and
(dc) Exercise or pursue any other right or remedy or cause of action permitted under this Agreement or any other of the Loan Documents, Documents or conferred upon or available to Lender by operation of Law. Notwithstanding the foregoing, upon the occurrence of any Event of Default under Section 13.1(g), all amounts evidenced by the Note shall automatically become due and payable, without any presentment, demand, protest at law or notice of any kind to Borrowersin equity or otherwise.
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Samples: Loan Agreement (Applied Epi Inc)
Remedies Conferred Upon Lender. Upon the occurrence and continuation of any Event of Default, including, without limitation, the filing, by any Borrower, of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender may shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that none of all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Take possession of the Facilities and do anything which is necessary or appropriate in its sole judgment to fulfill the obligations of Borrower under this Agreement and the other Loan Documents;
(b) Declare the Note to be immediately due and payable;
(cb) Use and apply any monies or letters of credit deposited by Borrower Borrowers with Lender, including amounts in the Escrow Account, regardless of the purposes purpose for which the same was deposited, to cure any such Event of Default default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender;; and
(dc) Exercise or pursue any other right or remedy or cause of action permitted under this Agreement or any other of the Loan Documents, Documents or conferred upon or available to Lender by operation of Law. Notwithstanding the foregoing, upon the occurrence of any Event of Default under Section 13.1(g), all amounts evidenced by the Note shall automatically become due and payable, without any presentment, demand, protest at law or notice of any kind to Borrowersin equity or otherwise.
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Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, including without limitation the filing, by Borrower, of a voluntary petitixx xxxxr Chapter 11 of the Bankruptcy Code, Lender may shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that none of all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Take possession of the Facilities and do anything which is necessary or appropriate in its sole judgment to fulfill the obligations of Borrower under this Agreement and the other Loan Documents;
(b) Declare the Note to be immediately due and payable;
(cb) Use and apply any monies or letters of credit deposited by Borrower with Lender, including amounts in the Escrow Account, regardless of the purposes purpose for which the same was deposited, to cure any such Event of Default default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender;; and
(dc) Exercise or pursue any other right or remedy or cause of action permitted under this Agreement or any other of the Loan Documents, Documents or conferred upon or available to Lender by operation of Law. Notwithstanding the foregoing, upon the occurrence of any Event of Default under Section 13.1(g), all amounts evidenced by the Note shall automatically become due and payable, without any presentment, demand, protest at law or notice of any kind to Borrowersin equity or otherwise.
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Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, including without limitation the filing, by Borrower, of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender may shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that none of all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Take possession of the Facilities and do anything which is necessary or appropriate in its sole judgment to fulfill the obligations of Borrower under this Agreement and the other Loan Documents;
(b) i. Declare the Note to be immediately due and payable;
(c) ii. Use and apply any monies or letters of credit deposited by Borrower with Lender, including amounts in the Escrow Account, regardless of the purposes purpose for which the same was deposited, to cure any such Event of Default default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender;; and
(d) iii. Exercise or pursue any other right or remedy or cause of action permitted under this Agreement or any other of the Loan Documents, Documents or conferred upon or available to Lender by operation of Law. Notwithstanding the foregoing, upon the occurrence of any Event of Default under Section 13.1(g), all amounts evidenced by the Note shall automatically become due and payable, without any presentment, demand, protest at law or notice of any kind to Borrowersin equity or otherwise.
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