Remedies of Banks Sample Clauses

Remedies of Banks. Upon the occurrence of any one or more of the Events of Default, the Agent, at the request of the Majority Banks, shall, by notice to the Borrower, declare the obligation of the Banks to make the Loans and of the Issuing Banks to issue Letters of Credit, and each Bank's obligation to make its Pro Rata Share of the Loans to be terminated, whereupon the same and the Commitment (and the Banks' Pro Rata Shares of the Commitment) shall forthwith terminate, and the Agent, at the request of the Majority Banks, shall, by notice to the Borrower, declare the entire unpaid principal amount of the Loans and all fees, interest and other amounts accrued and unpaid thereon and/or under any Loan Document and any and all other Indebtedness and other obligations under the Loan Documents of the Loan Parties to any of the Banks, Issuing Banks, the Agent and/or to any holder of all or any portion of each Loan to be forthwith due and payable, whereupon all such Loans, and all such accrued fees, interest and other amounts and other such Indebtedness and other obligations under the Loan Documents shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Borrower; provided, however, that upon the occurrence of an Event of Default under Section 6.01(b) or (c), all of the unpaid principal amounts of the Loans, all fees, interest and other amounts accrued and unpaid thereon and/or under the Loan Documents and any and all other such Indebtedness and other obligations of the Loan Parties to any of the Banks, the Issuing Banks, the Agent and/or to any such holder under any Loan Document shall thereupon be due and payable in full without any need for the Agent and/or any Issuing Bank or Bank to make any such declaration or take any action and the Banks' obligations to make the Loans, the Issuing Banks' Obligation to issue Letters of Credit and the Commitment (and each Bank's Pro Rata Share thereof) shall simultaneously terminate. The Agent shall, in accordance with the votes of the Majority Banks, exercise all remedies on behalf of and for the account of each Bank and each Issuing Bank and on behalf of its respective Pro Rata Share of the Loans, the Letters of Credit, its Note and Indebtedness and other obligations of the Loan Parties owing to it or any of the foregoing, including, without limitation, all remedies available under or as a result of the Loan Documents without any such e...
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Remedies of Banks. ARTICLE 8 Administrative Agent Section 8.01. Appointment 87 Section 8.02. Powers; General Immunity 87
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Remedies of Banks. 49 Section 7.06. Temporary Loans Payable on Demand..................................... 50 Section 7.07. Certain Payments with Respect to Letters of Credit.................... 50 ARTICLE VIII CONCERNING THE AGENT Section 8.01.
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Remedies of Banks. The amounts payable by the Borrower under each Revolving Note and with respect to each Loan shall be debts separate and independent of the amounts owed under any other Revolving Note or with respect to any other Loan and each Bank shall be entitled to protect and enforce its rights arising out of this Agreement and its respective Revolving Note and (as to Fleet) any letter of credit documentation, and it shall not be necessary for any other Bank or the Agent to consent to, or to be joined as an additional party in, any proceedings for such purposes; provided, however, that nothing herein shall permit any individual Bank to accelerate payment of any Revolving Note, terminate its Commitment or have recourse to any guaranty, collateral or other security to the extent that this Agreement provides that such rights or remedies shall be exercised by the Agent or by the Required Banks.
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Remedies of Banks. 37 ARTICLE VIII MISCELLANEOUS................................37 Section 8.1. Consent to Jurisdiction and Service of Process....................................37 Section 8.2. Rights and Remedies Cumulative..................................38 Section 8.3. Delay or Omission Not Waiver....................................38 Section 8.4. Amendments......................................................38 Section 8.5. Addresses for Notices...........................................39 Section 8.6. Costs, Expenses and Taxes.......................................39 Section 8.7. Participations..................................................40 Section 8.8. Binding Effect; Assignment......................................40 Section 8.9. Actual Knowledge................................................42 Section 8.10. Governing Law..................................................42 Section 8.11. Severability of Provisions.....................................42 Section 8.12. Headings.......................................................42 Section 8.13. Extension of the Commitment Termination Date...........................42 Section 8.14. Counterparts...................................................42 EXHIBITS
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Remedies of Banks. Upon the occurrence and during the continuance of any one or more of the Events of Default, the Required Banks may, by notice to Borrower, declare the obligation of the Banks to make Revolving Loans to be terminated, whereupon the same shall immediately terminate and the Required Banks may, by notice to Borrower, declare the entire unpaid principal amount of the Revolving Loans and all fees and interest accrued and unpaid thereon and any and all other Obligations to be forthwith due and payable, whereupon the Revolving Loans and all such accrued fees and interest and other such Obligations shall become and be immediately due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Section 6.01(b) or (c) of this Agreement, all of the unpaid principal amounts of the Revolving Loans, all fees, and interest accrued and unpaid thereon and any and all other such Obligations shall thereupon be due and payable in full without any need for the Required Banks to make any such declaration or take any action and the Commitments shall simultaneously terminate.
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Remedies of Banks. 50 ARTICLE IX THE AGENTS................................................................................. 50 Section 9.1. Appointment and Authorization ......................................................... 50 Section 9.2. LC Issuer............................................................................................ 51 Section 9.3. Delegation of Duties ........................................................................... 51 Section 9.4. Exculpation of Administrative Agent ................................................ 51 Section 9.5. Reliance by Administrative Agent..................................................... 52 Section 9.6. Notice of Default................................................................................ 52 Section 9.7. Credit Decision ................................................................................... 52 Section 9.8. Indemnification ................................................................................... 53 Section 9.9. Administrative Agent in Individual Capacity .................................... 53 Section 9.10. Successor Administrative Agent........................................................ 54 Section 9.11. Administrative Agent May File Proofs of Claim............................... 54 Section 9.12. Other Agents; Arrangers and Managers ............................................ 55 ARTICLE X MISCELLANEOUS ........................................................................... 55 Section 10.1. Consent to Jurisdiction and Service of Process ................................. 55 Section 10.2. Rights and Remedies Cumulative...................................................... 55 Section 10.3. Delay or Omission Not Waiver.......................................................... 56 Section 10.4. Amendments ....................................................................................... 56 Section 10.5. Notices ................................................................................................ 57 Section 10.6. Costs, Expenses and Taxes; Indemnification..................................... 57 Section 10.7. Participations...................................................................................... 58 (A) Permitted Participants; Effect ...................................................................58 (B) Voting Rights ............................................................................................59 (C) Benefit of Certain Provisions.....
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Remedies of Banks. The amounts payable by each Borrower under each Note and with respect to each Loan shall be debts separate and independent of the amounts owed under any other Note or with respect to any other Loan and each Bank shall be entitled to protect and enforce its rights arising out of this Agreement and its Note or Notes and any related letter of credit documentation, and it shall not be necessary for any other Bank or the Agent to consent to, or be joined as an additional party in, any proceedings for such purposes; provided, however, that nothing herein shall permit any individual Bank to accelerate payment of any Note, terminate its Commitment or have recourse to any guaranty, collateral or other security to the extent that this Agreement provides that such rights or remedies shall be exercised by the Agent or by the Required Banks.
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Related to Remedies of Banks

  • REMEDIES OF LESSOR At any time after the occurrence of any Event of Default, Lessor may exercise one or more of the following remedies: (a) Lessor may terminate any or all of the Leases with respect to any or all items of Equipment subject thereto; (b) Lessor may recover from Lessee all Rent and other amounts then due and to become due under any or all of the Leases; (c) Lessor may take possession of any or all items of Equipment, wherever the same may be located, without demand or notice, without any court order or other process of law and without liability to Lessee for any damages occasioned by such taking of possession, and any such taking of possession shall not constitute a termination of any Lease; (d) Lessor may demand that Lessee return any or all items of Equipment to Lessor in accordance with Paragraph 16; and (e) Lessor may pursue any other remedy available at law or in equity, including, without limitation, seeking damages, specific performance or an injunction. Upon repossession or return of any item of the Equipment, Lessor shall sell, lease or otherwise dispose of such item in a commercially reasonable manner, with or without notice and on public or private bid, and apply the net proceeds thereof (after deducting the estimated fair market value of such item at the expiration of the term of the applicable Lease, in the case of a sale, or the rents due for any period beyond the scheduled expiration of such Lease, in the case of any subsequent lease of such item, and all expenses, including, without limitation, reasonable attorneys' fees, incurred in connection therewith) towards the Rent and other amounts due under such Lease, with any excess net proceeds to be retained by Lessor. Each of the remedies under this Lease shall be cumulative, and not exclusive, and in addition to any other remedy referred to herein or otherwise available to Lessor in law or in equity. Any repossession or subsequent sale or lease by Lessor of any item of Equipment shall not bar an action for a deficiency as herein provided, and the bringing of an action or the entry of judgment against Lessee shall not bar Lessor's right to repossess any or all items of Equipment. 19.

  • Rights and Remedies of Lender In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

  • Remedies of the Company The Company hereby covenants and agrees to submit any and all disputes relating to this Agreement that the parties are unable to resolve between themselves to binding arbitration pursuant to the rules of the American Arbitration Association and waives all rights to judicial adjudication of any matter or dispute relating to this Agreement except where judicial adjudication is requested or required by the Indemnitee.

  • REMEDIES, ETC CUMULATIVE. Each and every right, power and remedy of the Pledgee provided for in this Agreement or in any other Secured Debt Agreement, 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 or any other Secured Creditor of any one or more of the rights, powers or remedies provided for in this Agreement or any other Secured Debt 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 or any other Secured Creditor of all such other rights, powers or remedies, and no failure or delay on the part of the Pledgee or any other Secured Creditor to exercise any such right, power or remedy shall operate as a waiver thereof. No notice to or demand on any Pledgor in any case shall entitle it to any other or further notice or demand in similar or other circumstances or constitute a waiver of any of the rights of the Pledgee or any other Secured Creditor to any other or further action in any circumstances without notice or demand. The Secured Creditors agree that this Agreement may be enforced only by the action of the Administrative Agent or the Pledgee, in each case acting upon the instructions of the Required Lenders (or, after the date on which all Credit Document Obligations have been paid in full, the holders of at least the majority of the outstanding Other Obligations) and that no other Secured Creditor shall have any right individually to seek to enforce or to enforce this Agreement or to realize upon the security to be granted hereby, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent or the Pledgee or the holders of at least a majority of the outstanding Other Obligations, as the case may be, for the benefit of the Secured Creditors upon the terms of this Agreement.

  • Remedies of Lender Upon or at any time after the occurrence of an Event of Default, the license granted to Borrower in Section 2.1 of this Assignment shall automatically be revoked, and Lender shall immediately be entitled to possession of all Rents and sums due under any Lease Guaranties, whether or not Lender enters upon or takes control of the Property. In addition, Lender may, at its option, without waiving such Event of Default, without regard to the adequacy of the security for the Debt, either in person or by agent, nominee or attorney, with or without bringing any action or proceeding, or by a receiver appointed by a court, dispossess Borrower and its agents and servants from the Property, without liability for trespass, damages or otherwise and exclude Borrower and its agents or servants wholly therefrom, and take possession of the Property and all books, records and accounts relating thereto and have, hold, manage, lease and operate the Property on such terms and for such period of time as Lender may deem proper and either with or without taking possession of the Property in its own name, demand, sue for or otherwise collect and receive all Rents and sums due under xxl Lease Guaranties, including those past due and unpaid with full power to make from time to time all alterations, renovations, repairs or replacements thereto or thereof as Lender may deem proper and may apply the Rents and sums received pursuant to any Lease Guaranties to the payment of the following in such order and proportion as Lender in its sole discretion may determine, any law, custom or use to the contrary notwithstanding: (a) all expenses of managing and securing the Property, including, without being limited thereto, the salaries, fees and wages of a managing agent and such other employees or agents as Lender may deem necessary or desirable and all expenses of operating and maintaining the Property, including, without being limited thereto, all taxes, charges, claims, assessments, water charges, sewer rents and any other liens, and premiums for all insurance which Lender may deem necessary or desirable, and the cost of all alterations, renovations, repairs or replacements, and all expenses incident to taking and retaining possession of the Property; and (b) the Debt, together with all costs and reasonable attorneys' fees. In addition, upon the occurrence of an Event of Default, Lender, at its option, may (1) complete any construction on the Property in such manner and form as Lender deems advisable, (2) exercise all rights and powers of Borrower, including, without limitation, the right to negotiate, execute, cancel, enforce or modify any Leases, obtain and evict tenants, and demand, sue for, collect and receive all Rents from the Property and all sums xxe under any Lease Guaranties, (3) require Borrower to pay monthly in advance to Lender, or any receiver appointed to collect the Rents, the fair and reasonable rental value for the use and occupancy of such part of the Property as may be in possession of Borrower or (4) require Borrower to vacate and surrender possession of the Property to Lender or to such receiver and, in default thereof, Borrower may be evicted by summary proceedings or otherwise.

  • Remedies of Borrower In the event that a claim or adjudication is made that Lender or its agents have acted unreasonably or unreasonably delayed acting in any case where by law or under this Agreement or the other Loan Documents, Lender or such agent, as the case may be, has an obligation to act reasonably or promptly, Borrower agrees that neither Lender nor its agents shall be liable for any monetary damages, and Borrower’s sole remedies shall be limited to commencing an action seeking injunctive relief or declaratory judgment. The parties hereto agree that any action or proceeding to determine whether Lender has acted reasonably shall be determined by an action seeking declaratory judgment.

  • Rights and Remedies of the Collateral Agent (a) In addition to the rights and remedies specified in Section 4.4 hereof or otherwise available at law or in equity, after an event of default hereunder, the Collateral Agent shall have all of the rights and remedies with respect to the Collateral of a secured party under the Uniform Commercial Code (or any successor thereto) as in effect in the State of New York from time to time (the "Code") (whether or not the Code is in effect in the jurisdiction where the rights and remedies are asserted) and the TRADES Regulations and such additional rights and remedies to which a secured party is entitled under the laws in effect in any jurisdiction where any rights and remedies hereunder may be asserted. Wherever reference is made in this Agreement to any section of the Code, such reference shall be deemed to include a reference to any provision of the Code which is a successor to, or amendment of, such section. Without limiting the generality of the foregoing, such remedies may include, to the extent permitted by applicable law, (i) retention of the Pledged Debt Securities or other Collateral in full satisfaction of the Holders' obligations under the Purchase Contracts or (ii) sale of the Pledged Debt Securities or other Collateral in one or more public or private sales and application of the proceeds in full satisfaction of the Holders' obligations under the Purchase Contracts.

  • Remedies for Default In case of default as described in Paragraph 10 above, Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law:

  • Remedies of Trustee During the continuance of any Event of Default, so long as such Event of Default shall not have been remedied, the Trustee, in addition to the rights specified in Section 8.01, shall have the right, in its own name as trustee of an express trust, to take all actions now or hereafter existing at law, in equity or by statute to enforce its rights and remedies and to protect the interests, and enforce the rights and remedies, of the Certificateholders (including the institution and prosecution of all judicial, administrative and other proceedings and the filing of proofs of claim and debt in connection therewith). Except as otherwise expressly provided in this Agreement, no remedy provided for by this Agreement shall be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to any other remedy and no delay or omission to exercise any right or remedy shall impair any such right or remedy or shall be deemed to be a waiver of any Event of Default.

  • Other Remedies of Trustee During the continuance of any Event of Default, so long as such Event of Default shall not have been remedied, the Trustee, in addition to the rights specified in Section 7.01, shall have the right, in its own name as trustee of an express trust, to take all actions now or hereafter existing at law, in equity or by statute to enforce its rights and remedies and to protect the interests, and enforce the rights and remedies, of the Certificateholders (including the institution and prosecution of all judicial, administrative and other proceedings and the filing of proofs of claim and debt in connection therewith). Except as otherwise expressly provided in this Agreement, no remedy provided for by this Agreement shall be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to any other remedy and no delay or omission to exercise any right or remedy shall impair any such right or remedy or shall be deemed to be a waiver of any Event of Default.

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