REMEDIES IN CASE OF EVENT OF DEFAULT. In case an Event of Default shall have occurred and be continuing, the Pledgee shall be entitled upon written notice to the Company to exercise all of its rights, powers and remedies (whether vested in it by this Agreement, by any other Loan Document, by any Senior Note Document or, to the extent then in effect and secured hereby, by any Other Secured Agreement (with all of the documents listed above being herein collectively called the “Secured Debt Agreements”) or by law) for the protection and enforcement of its rights in respect of the Collateral, and the Pledgee shall be entitled to exercise all the rights and remedies of a secured party under the UCC and also shall be entitled, without limitation, to exercise the following rights, which each Pledgor hereby agrees to be commercially reasonable:
(i) following written request by the Pledgee, to receive all amounts payable in respect of the Collateral otherwise payable to such Pledgor under Section 6 hereof;
(ii) to transfer all or any part of the Pledged Securities into the Pledgee’s name or the name of its nominee or nominees;
(iii) to vote all or any part of the Pledged Stock, Pledged Limited Liability Company Interests or Pledged Partnership Interests (whether or not transferred into the name of the Pledgee) and give all consents, waivers and ratifications in respect of the Collateral and otherwise act with respect thereto as though it were the outright owner thereof; and
(iv) at any time or from time to time to sell, assign and deliver, or grant options to purchase, all or any part of the Collateral, or any interest therein, at any public or private sale, without demand of performance, advertisement or notice of intention to sell or of the time or place of sale or adjournment thereof or to redeem or otherwise (all of which are hereby waived by each Pledgor), for cash, on credit or for other property, for immediate or future delivery without any assumption by any Secured Creditor of any credit risk, and for such price or prices and on such terms as the Pledgee in its absolute discretion may determine; provided, that at least 10 Business Days’ notice of the time and place of any such sale shall be given to such Pledgor. Every aspect of the disposition of the Collateral, including the method, manner, time, place and other terms must be commercially reasonable, it being agreed that to the extent such matters are addressed by provisions of this Agreement such provisions are commercially reasonable. Each ...
REMEDIES IN CASE OF EVENT OF DEFAULT. (a) Subject to Section 5(d) below, if an Event of Default (as defined below) shall have occurred and be continuing, the Secured Party shall be entitled to exercise all of the rights, powers and remedies for the protection and enforcement of its rights in respect of the Collateral at law or equity and, in addition, the Secured Party may, without being required to give any notice, except as herein provided or as may be required by mandatory provisions of law, 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 the Secured Party may deem commercially reasonable. The Secured Party shall have the right to take immediate possession of the Collateral. The Seller and NYHC-NJ hereby expressly consent to such repossession of the Collateral and waive all rights to demand any notice with respect thereto.
(b) For purposes of this Agreement, an "Event of Default" shall mean the occurrence of a Triggering Event.
REMEDIES IN CASE OF EVENT OF DEFAULT. In case an Event of Default shall have occurred and be continuing, the Pledgee shall be entitled upon written notice to the Borrower to exercise all of its rights, powers and remedies (whether vested in it by this Agreement, by any other Credit Document, any Existing Pari Passu Document, any Additional Pari Passu Document or, to the extent then in effect and secured hereby, any Other Secured Document (with all of the documents listed above being herein collectively called the “Secured Debt Documents”) or by law) for the protection and enforcement of its rights in respect of the Collateral, and the Pledgee shall be entitled to exercise all the rights and remedies of a secured party under the UCC and also shall be entitled, without limitation, to exercise the following rights, which each Pledgor hereby agrees to be commercially reasonable:
(i) following written request by the Pledgee, to receive all amounts payable in respect of the Collateral otherwise payable to such Pledgor under Section 5 hereof; (ii) to transfer all or any part of the Pledged Securities into the Pledgee’s name or the name of its nominee or nominees;
REMEDIES IN CASE OF EVENT OF DEFAULT. Each Pledgor agrees that, if any Event of Default shall have occurred and be continuing, then and in every such case, the Pledgee, in addition to any rights now or hereafter existing under applicable law, the other provisions of this Agreement or any other Secured Debt Agreement, shall be entitled to exercise all of the rights, powers and remedies (whether vested in it by this Agreement, any other Secured Debt Agreement or by law) for the protection and enforcement of its rights in respect of the Collateral, and the Pledgee shall be entitled to exercise all the rights and remedies of a secured party under the Uniform Commercial Code as in effect in any relevant jurisdiction and also shall be entitled, without limitation, to exercise the following rights, which each Pledgor hereby agrees to be commercially reasonable:
REMEDIES IN CASE OF EVENT OF DEFAULT. Upon the failure of the Company to make the payments in accordance with the terms of this Agreement, or upon the occurrence of a default of any provision of the Agreement or at any time during the continuance of such default, any one of which shall constitute an “Event of Default”, Secured Party, subject to the term of the Agreement, may:
a. Exercise any and all rights and remedies granted to secured party by the Uniform Commercial Code as in effect in the State of New Jersey on the date hereof (the “UCC”) or otherwise allowed at law and, in either case, as otherwise provided by this Agreement;
b. Take possession of the Collateral or any part thereof with or without the process of law; and
c. Dispose of the Collateral as Secured Party may choose, so long as every aspect of the disposition including the method, manner, time, place and terms are commercially reasonable.
REMEDIES IN CASE OF EVENT OF DEFAULT. In case an Event of ------------------------------------ Default shall have occurred and be continuing, the Noteholders (as Assignees) directly or through the Agent shall be entitled to exercise all the rights, powers and remedies vested in them or it as relevant (whether vested in them or it by this Agreement, by any other Note Document or by law) for the protection and enforcement of their or its rights, as relevant in respect of the Subject Collateral, and the Noteholders (as Assignees) directly or through the Agent shall be entitled without limitation to exercise the following rights, which the Assignor hereby agrees to be commercially reasonable:
(a) to, upon giving written notice to the Assignor, dispose of the Subject Collateral by such method, at such time and for such price as are generally considered reasonable by the Agent (acting in accordance with the instructions from the Required Holder(s)), and apply the proceeds toward the payment of the Secured obligations in accordance with Section 7 below; and
(b) to, upon giving written notice to the Assignor, acquire the Subject Collateral as payment of the whole or a part of the Secured Obligations, as relevant, in the order set forth in Section 7 below at such time and for such price as are generally (considered reasonable by the Agent (acting in accordance with the instructions from the Required Holder(s)). None of the Agent or the other Assignees shall be liable for failure to collect or realize upon any or all of the Subject Collateral or for any delay in so doing nor shall any of them be under any obligation to take any action whatsoever with regard thereto.
REMEDIES IN CASE OF EVENT OF DEFAULT. In case an Event of Default shall have occurred and be continuing, the Collateral Agent shall be entitled to exercise all of the rights, powers and remedies (whether vested in it by the Share Mortgage, by law, in equity, by statute or otherwise) for protection and enforcement of its rights in respect of the Collateral. The rights and remedies for enforcement of the security created by the Share Mortgage are hereby confirmed and incorporated herein by reference, mutatis mutandis.
REMEDIES IN CASE OF EVENT OF DEFAULT. Upon the occurrence and continuance of an Event of Default, the Pledgee (a) may transfer into its name, or into the name of its nominee or nominees, all or any portion of the Collateral and (b) may sell, assign and deliver the whole or, from time to time, any part of the Collateral, at any private sale or at public auction, and may buy in the same or participate in the purchase thereof, in any manner consistent with the requirements of Article 9 of the Uniform Commercial Code as in effect from time to time in the State of New York (or any successor statute thereto). The Pledgee shall apply the proceeds of any sale or buying in, together with any other monies at the time held by it hereunder, as provided in Section 9 hereof. Neither the failure nor delay on the part of the Pledgee to exercise any right, remedy, power or privilege provided for herein or by statute or at law or in equity shall operate as a waiver thereof, nor shall any single or partial exercise of such right, remedy, power or privilege preclude any other or further exercise thereto or the exercise of any such other right, remedy, power or privilege. Each right, power and remedy of the Pledgee provided for in this Agreement, the Stock Subscription Agreement, a Stock Option Agreement or the Note or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by the Pledgee of any one or more of the Stock Subscription Agreement, Stock Option Agreement or the Note or in any such other instrument or agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the Pledgee of all such other rights, powers or remedies and no failure or delay on the part of the Pledgee to exercise any such right, power or remedy shall operate as a waiver thereof.
REMEDIES IN CASE OF EVENT OF DEFAULT. If an Event of Default occurs, Pledgees, acting solely and exclusively by and through the Pledgee Agent, may exercise all the rights, power and remedies (whether vested in them by this Pledge Agreement, the Company Note, or by law) for the protection and enforcement or their rights in respect of the Pledged Stock (subject to Section 7.3 hereof) and the Collateral and Pledgee may, subject to the foregoing, without limitation exercise the following rights: 6.1
REMEDIES IN CASE OF EVENT OF DEFAULT. In case an Event of Default shall have occurred and be continuing, the Pledgee shall be entitled upon written notice to the Company to exercise all of its rights, powers and remedies (whether vested in it by this Agreement, by any other Loan Document, by any Senior Note Document or, to the extent then in effect and secured hereby, by any Other Secured Agreement (with all of the documents listed above being herein collectively called the “Secured Debt Agreements”) or by law) for the protection and enforcement of its rights in respect of the Collateral, and the Pledgee shall be entitled to exercise all the rights and remedies of a secured party under the UCC and also shall be entitled, without limitation, to exercise the following rights, which each Pledgor hereby agrees to be commercially reasonable:
