Remedies Following an Event of Default. If any one or more Events of Default shall occur and be continuing, then in each and every such case:
Remedies Following an Event of Default. (a) Upon the occurrence of an Event of Default, as defined in the Note, upon not less than ten (10) days prior written notice to the Pledgor and the Collateral Agent, the Secured Party, may, at its or their option, request that the Collateral Agent transfer or register the Pledged Collateral or any part thereof into its or their nominee's name with or without any indication that such Pledged Collateral is subject to the lien created hereunder. In addition, upon the occurrence and during the continuance of an Event of Default, the Secured Party may at any time exchange certificates or other instruments representing or evidencing Pledged Collateral for certificates or other instruments of smaller or larger denominations.
(b) Upon the occurrence of an Event of Default pursuant to Section 4(a) the Note, in addition to having the right to exercise any right or remedy of a secured party upon default under the New York State Uniform Commercial Code or applicable law or at equity, the Secured Party may, to the extent permitted by law, subject to giving notice as set forth below, to Pledgor but without being required to take or do any action (except as provided below):
(i) apply any cash held by it hereunder to the payment of Obligations; and
(ii) if there shall be no such cash or if the cash so applied shall be insufficient to pay in full the Obligations, collect, receive, appropriate and realize upon the Pledged Collateral or any part thereof, and/or sell, assign, transfer, contract to sell or otherwise dispose of and deliver the Pledged Collateral or any part thereof, in its entirety or in portions, at public or private sale or at any broker's board, on any securities exchange or at any of Secured Party places of business or elsewhere, for cash, upon credit or for future delivery, and at such price or prices as Secured Party may deem best, and Secured Party may (except as otherwise provided by law) be the purchaser of any or all of the Pledged Collateral so sold and thereafter may hold the same, absolutely, free from any right or claim of whatsoever kind.
(1) In the event of a sale as set forth in section 4(b)(ii) above, Secured Party may, at any such sale, restrict the number of prospective bidders or purchasers and/or further restrict 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 Pledged Collateral, and may ot...
Remedies Following an Event of Default. Upon the occurrence of an Event of Default and at any time thereafter whilst it is continuing or following issuance of an Enforcement Notice (as the case may be), the Intercreditor Agent shall, if so instructed by the Required Lenders, by written notice to the Company:
19.2.1 declare that the Available Commitments under any of the Facility Agreements be cancelled or suspended, whereupon they shall be cancelled or suspended;
19.2.2 declare that all or any part of the Advances, together with accrued interest, and all other amounts accrued or outstanding under the Senior Finance Documents be immediately due and payable, whereupon they shall become immediately due and payable;
19.2.3 declare that all or part of the Advances be payable on demand, whereupon they shall immediately become payable on demand by the Intercreditor Agent;
19.2.4 notify the Security Agent that an Event of Default has occurred and is continuing and instruct the Security Agent to issue an Enforcement Notice;
19.2.5 following the issue of an Enforcement Notice, require the Security Agent to take action to enforce all or any part of the Security or all or any of the Shareholder Guarantees (subject to the expiration of any cure periods contained therein), whereupon any such action shall be taken;
19.2.6 following the issue of an Enforcement Notice, instruct the Security Agent to require the perfection of the Liens granted pursuant to the Land Security Assignment and the Assignment of Rights;
19.2.7 following the issue of an Enforcement Notice, give (or require the Security Agent to give) notices regarding the payment of insurance proceeds in accordance with the terms of the Senior Finance Documents;
19.2.8 following the issue of an Enforcement Notice, give (or require the Security Agent to give) notice to any Account Bank in relation to the operation of the Accounts in accordance with paragraph 3.3 (Default) of Schedule 6 (Accounts); and/or
19.2.9 exercise any or all other remedies available at law not inconsistent with the foregoing, provided that the foregoing shall not in any way affect the Intercreditor Agent’s or the Security Agent’s right to separately enforce its rights under the Senior Finance Documents.
Remedies Following an Event of Default. Upon occurrence of an Event of Default defined in subsection (a) to (f) of Section 7, this Note and all accrued interest to the date of such default shall, at the option of the Holder, and following any applicable cure period shall immediately become due and payable without presentment, protest or notice of any kind, all of which are waived by the Company.
Remedies Following an Event of Default. If an Event of Default shall occur, then, at the Lenders' option, in addition to Lenders' remedies set forth in any other Loan Documents or as may be available to the Lenders at law or in equity, the Lenders may by written notice to Borrower, (A) declare the Lenders' obligation to make Advances to be terminated, whereupon the same shall forthwith terminate, and (B) declare the Notes, all accrued and unpaid interest thereon and all other amounts payable under the Loan Documents to be, and the same shall thereupon forthwith become, immediately due and payable without presentment, demand, protest or other notice or formality of any kind, all of which are hereby expressly waived by Borrower.
Remedies Following an Event of Default. If an Event of Default is continuing, the Lender may, by notice to the Borrower:
(a) cancel all or any part of the Commitment;
(b) declare that all or part of any amounts outstanding under the Finance Documents are:
(i) immediately due and payable; and/or
(ii) immediately due and payable on demand by the Lender. Any notice given under this Subclause will take effect in accordance with its terms.
Remedies Following an Event of Default. Following an Event of Default by the Accredited Entity in accordance with Clause 19, the Fund may exercise one or more of the following rights under this Agreement:
Remedies Following an Event of Default. Upon the occurrence of an Event of Default hereunder, the Mortgagee may, in addition to any other rights or remedies available to it hereunder or elsewhere, take such action, without notice or demand, as it deems advisable, as directed by the Majority Holders, to protect and enforce its rights against the Debtor and in and to the Mortgaged Property, including, but not limited to, the following actions, each of which may be pursued concurrently or otherwise, at such time and in such order as the Mortgagee, as directed by the Majority Holders, may determine, in its sole discretion, subject, however, to the Ground Lease, without impairing or otherwise affecting the other rights and remedies of the Mortgagee:
(a) enter into or upon the Mortgaged Property, either personally or by its agents, nominees or attorneys, and dispossess the Debtor and its agents and servants therefrom, and thereupon the Mortgagee, as directed by the Majority Holders, may:
(1) use, operate, manage, control, insure, maintain, repair, restore and otherwise deal with all and every part of the Mortgaged Property and conduct business thereat and therewith;
(2) complete any construction, renovation, rebuilding or repairing of the Mortgaged Property in such manner and form as the Mortgagee deems advisable;
(3) make alterations, additions, renewals, replacements and improvements to or on the Mortgaged Property;
(4) exercise all rights and powers of the Debtor with respect to the Mortgaged Property, in the name of the Debtor, including, without limitation, the right to make, cancel, enforce or modify leases, obtain and evict tenants, and demand, xxx for, collect and receive all earnings, revenues, rents, issues, profits and other income of the Mortgaged Property and every part thereof; and
(5) apply the receipts from the Mortgaged Property to the payment of the Obligations in accordance with Section 8.03 of the Indenture;
(b) with or without entry, to the extent permitted and pursuant to the procedures provided by applicable law, institute proceedings for the partial foreclosure of this Mortgage for the portion of the Obligations then due and payable, subject to the continuing security and lien of this Mortgage for the balance of the Obligations not then due;
(c) institute proceedings to foreclose the lien of this Mortgage against all or, from time to time, against any part of the Mortgaged Property and to have the same sold under the judgment or decree of a court of competent jurisdiction to th...
Remedies Following an Event of Default. Upon occurrence of an Event of Default defined in subsection (a) to (h) of Section 6, this Note and all accrued Interest to the date of such default shall, at the option of the Holder, immediately become due and payable without presentment, protest or notice of any kind, all of which are waived by the Company and the Holder shall have the right to enforce the provisions of the Guaranty and Security Agreement.
Remedies Following an Event of Default. If one or more Events of Default shall occur (and, if prior to September 30, 2016, are continuing); and
