Remedies of Default Sample Clauses

Remedies of Default. (a) If at any time an Event of Default shall have occurred and be continuing, then, in addition to having the right to exercise any right or remedy of the Company hereunder or under the Merger Agreement or any other document relating to the Secured Obligations, the Company shall, to the extent permitted by law, without being required to give any notice to Pledgor except, as provided below: (i) Apply any cash held by it hereunder; (ii) Have the right generally to exercise any and all rights afforded to a secured party under the applicable Uniform Commercial Code or other applicable law or in equity; and (iii) Sell or otherwise dispose of or realize upon the Collateral, or any part thereof, in one or more parcels, at public or private sale, at any exchange or broker’s board or elsewhere, at such price or prices and on such other terms as the Company may deem commercially reasonable, for cash, credit or for future delivery or otherwise in accordance with applicable law. To the extent permitted by applicable law, the Pledgor may, in such event, bid for the purchase of such Collateral. The Pledgor agrees that, to the extent notice of sale shall be required by applicable law and has not been waived by such Pledgor, any requirement of reasonable notice shall be met if notice, specifying the place of any public sale or the time after which any private sale is to be made, is personally served on or mailed, postage prepaid, to such Pledgor, in accordance with the notice provisions of Section 12 of this Agreement at least ten (10) days before the time of such sale. The Company shall not be obligated to make any sale of Collateral to the Pledgor regardless of notice of sale having been given. The Company may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. (b) The Pledgor recognizes that the Company may be unable to effect a public sale of any Collateral by reason of certain prohibitions contained in applicable federal, state or foreign securities laws or otherwise or may determine that a public sale is impracticable, not desirable or not commercially reasonable and, accordingly, may resort to one or more private sales thereof to a restricted group of purchasers that shall be obliged to agree, among other things, to acquire such Collateral for their own account for investment and not with a view to the distrib...

Remedies of Default. In the event of the occurrence of any of the events described in Section 19(A) above, Landlord, at its election, may exercise one or more of the following options, the exercise of any of which shall not be deemed to preclude the exercise of any others herein listed or otherwise provided by statute or general law at the same time or at subsequent times or actions: 1. Re-enter and retake possession of the Premises and, at Landlord’s option, attempt to relet the Premises on behalf of Tenant at such rent and under such terms and conditions as Landlord may deem best under the circumstances for the purpose of reducing Tenant’s liability. Landlord shall not be deemed to have terminated this Lease or thereby accepted a surrender of the Premises, and Tenant shall remain liable for all rent and other sums due under this Lease and for all damages suffered by Landlord by reason of Tenant’s breach of any of the covenants of this Lease. 2. Declare this Lease, in writing, to be terminated, ended and null and void, and reenter upon and take possession of the Premises, whereupon all right, title and interest of Tenant in the Premises shall end, provided that Tenant shall be liable for damages in the amount of all Rent and other sums that would have come due under this Lease for the balance of the term hereof, and for all other damages suffered by Landlord by reason of Tenant’s breach of any of the covenants of this Lease. 3. Accelerate and declare the entire remaining unpaid Rent and other sums payable for the balance of the Term of this Lease to be immediately due and payable forthwith, and may, at once, take legal action to recover and collect the same. 4. Any costs and expenses incurred by Landlord (including, without limitation, reasonable attorneys’ fees) in enforcing any of its rights or remedies under this Lease shall be deemed to be Additional Rent and shall be repaid to Landlord by Tenant upon demand. 5. Nothing contained in this Lease shall limit or prejudice the right of Landlord to prove for and obtain, in proceedings for the termination of this Lease by reason of bankruptcy or insolvency, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, the damages are to be proved, whether or not the amount be greater, equal to, or less than the amount of the loss or damages referred to above. The failure or refusal of Landlord to relet the Premises or any part or parts thereof shall not r...

Remedies of Default. Upon the occurrence of an Event of Default, Secured Party shall have all rights, privileges, powers and remedies provided by law, including, but not limited to, exercise of any or all of the remedies hereinafter set forth. Such rights, privileges, powers and remedies shall be cumulative, and no single or partial exercise of any of them shall preclude the further or other exercise of the same or any of them.

Remedies of Default. (a) If at any time an Event of Default shall have occurred and be continuing, then, in addition to having the right to exercise any right or remedy of a secured party upon default under the Uniform Commercial Code as then in effect in any applicable jurisdiction and the right to exercise any right or remedy of Secured Party under the Contribution Agreement or otherwise, Secured Party (or its nominee) shall, to the extent permitted by law, without being required to give any notice to Pledgor except as provided below: (i) Apply any cash held by Secured Party hereunder in the manner provided in Section 5(f); (ii) If there shall be no such cash or if the cash so applied shall be insufficient to pay in full the items specified in Sections 5(f)(i) and (ii), collect, receive, appropriate and realize upon the Collateral or any part thereof, and/or sell, assign, contract to sell or otherwise dispose of and deliver the 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 Collateral so sold and thereafter may hold the same, absolutely, free from any right or claim of whatsoever kind; and (iii) Upon the occurrence of such an Event of Default, have the right, upon not less than ten (10) days’ notice to Pledgor, to exercise any and all rights of conversion, exchange, subscription or any other rights, privileges or options pertaining to any OP Units of the Collateral as if it were the absolute owner thereof, including, without limitation, the right to exchange, at its discretion, any or all of the Collateral upon the merger, consolidation, reorganization, recapitalization or other readjustment of Secured Party, or upon the exercise by Secured Party of any right, privilege or option pertaining to any OP Units included within the Collateral (including by exchanging such OP Units for common shares of Secured Party), and, in connection therewith, to deposit and deliver any or all of the Collateral with any committee, depository, transfer agent, registrar or other designated agent upon such terms and conditions as Secured Party may determine. (b) In the event of a sale as aforesaid, Secured Party is authorized to, at any such sa...

Remedies of Default. Upon the occurrence of any Event of Default, and so long as the same shall be continuing, Lessor shall have the right to declare such Schedule in default (each, a “Defaulted Schedule”) by a written notice to Lessee (without election of remedies) to that effect. Upon the making of any such declaration, Lessor shall have the right to exercise any one or more of the following remedies: (a) To take possession of any and all Cars under a Defaulted Schedule without further demand or notice wherever they may be located without any court order or process of law (but if Lessor applies for a court order or the issuance of legal process, Lessee waives any prior notice of the making of this application of the issuance of such order of legal process) and Lessee hereby waives any and all damages occasioned by such taking of possession, providing Lessor acts in a commercially reasonable manner; any such taking of possession shall not constitute termination of this Lease as to any or all such Cars unless Lessor expressly so notifies Lessee in writing. If Lessor is unable to secure possession of such Cars within thirty (30) days of any Event of Default, Lessee agrees to pay Lessor as liquidated damages for loss of a bargain and not as a penalty, the Stipulated Loss Value of the Cars specified on Appendix B to such Defaulted Schedule; (b) To terminate this Lease as to any or all Cars under a Defaulted Schedule without prejudice to Lessor’s rights in respect to obligations then accrued and remaining unsatisfied: (c) To recover from Lessee (and Lessee agrees to pay in cash the following): (i) all amounts owed by Lessee to Lessor under the Defaulted Schedule; plus either of the following as determined by Lessor: (ii) an amount equal to the Stipulated Loss Value of all Cars under a Defaulted Schedule, as of the date of the Event of Default; and (iii) the unpaid balance of the total rent for the term of the Defaulted Schedule; (d) To sell any or all Cars under a Defaulted Schedule in a public sale or private sale (after notice to Lessee of the place and time for such sale), in bulk or in parcels, for cash or on credit without having such Cars present at the place of sale and to recover from Lessee all reasonable costs of taking possession, storing, repairing, and selling such Cars (and for a period of one hundred twenty (120) days after the occurrence of an Event of Default, Lessor may use Lessee’s premises for any or all of the foregoing without liability for rent, costs damage...

Remedies of Default. In the event of a default, County may take any one or more of the following steps: (a) County may declare the entire balance of the purchase price and interest immediately due and payable. (b) County may foreclose this Contract by suit in equity. (c) County may specifically enforce the terms of this Contract by suit in equity. (d) With respect to any part of the Property that constitutes personal property in which County has a security interest, County may exercise the rights and remedies of a secured party as provided by the Uniform Commercial Code. (e) After complying with the notice requirements and affording Purchaser the right to cure the default contained in ORS 93.905–93.945, as the same may be amended or superseded from time to time, as long as the same is applicable, County may declare this Contract forfeited and retain the amount of the payments previously made under this Contract. On recordation of the affidavit required by Oregon law, this Contract will be extinguished and canceled, and Purchaser will have no further right, title, or interest in and to the real property or to any return or compensation for payments previously made under this Contract, as though this Contract and such payments had never been made. In that event, Purchaser agrees to surrender the Property to County. If Purchaser fails to do so, County may elect to treat Purchaser as a tenant holding over unlawfully after the expiration of a lease, and Purchaser may be ousted and removed as such, without affecting County’s right to pursue other rights and remedies contained in this Contract or permitted by law.

Remedies of Default. Upon the occurrence of an Event of Default, Seller may, solely at its option, exercise any or all of the following rights and remedies, all of which shall be cumulative to the greatest extent permitted by applicable law: (a) if the default results from Buyer's failure to do or perform any of the acts, or things required to be done, by Buyer under the terms of this order, Seller may do and perform any such acts on the Buyer's behalf, and all money advanced or paid by Seller in doing so shall be added to and be deemed a part of the balance due hereunder and shall be subject to a finance charge calculated at the same rate as the finance charge set forth on the reverse side hereof; (b) Seller may without notice elect to accelerate and treat the entire remaining balance, together with all late and delinquency charges, as immediately due and payable; (c) Seller may require Buyer to store the Equipment, at Buyer's own cost and risk, on behalf of Seller, and such storage shall be in such a manner as to prevent any deterioration of the Equipment, and shall be for a reasonable time pending the sale or other disposition of the Equipment; (d) Seller may avail itself of any or all remedies provided by the laws of the state in which the Equipment is located or by the laws of the State of North Dakota; and (e) Seller shall be entitled to recover from Buyer Seller's fees and expenses, including but not limited to attorneys' fees and expenses, and reasonable expenses of retaking, holding, preparing for sale or lease, selling or leasing the Equipment and its bond premiums and court costs. All amounts in default shall bear interest and finance charges as provided herein from the date of default until paid in full.

Remedies of Default. Section 16.1 In the event of Seller's default at any time during the term hereof, and Seller’s failure to cure such default within three (3) days thereafter, Purchaser may elect, at its option, as its sole and exclusive remedy, (a) to terminate this Agreement, in which case the Exxxxxx Money shall be returned to Purchaser by the Escrow Agent promptly after receipt of Purchaser’s demand therefor, and Purchaser and Seller shall be released from any further liability hereunder except for any liability that survives such termination by the express terms hereof, or (b) enforce specific performance hereunder against Seller. If Purchaser fails to file an action for specific performance within 90 days after the Closing Date, then Purchaser shall be deemed to have elected to terminate the Contract in accordance with subsection (a) above. Purchaser specifically waives the right to file any lis pendens or any lien against the Property unless and until it has irrevocably elected to seek specific performance of this Agreement and has filed and is diligently pursuing an action seeking such remedy; provided that in the event the remedy of specific performance is not available because of Seller’s conveyance of the Property to a bona fide purchaser, Purchaser shall as entitled to recover its actual damages incurred, not to exceed $50,000. Section 16.2 In the event that Seller is unable to consummate the sale contemplated hereby due to a default by Purchaser, then, as Seller's sole and exclusive remedy and relief, the Exxxxxx Money shall be paid to Seller by the Escrow Agent as liquidated damages for Purchaser’s default. Such amount is agreed upon by and between Seller and Purchaser as liquidated damages and not as a penalty, due to the difficulty and inconvenience of ascertaining and measuring actual damages, and the uncertainty thereof; and no other damages, rights or remedies shall in any case be collectible, enforceable or available to Seller other than as specified in this Article XVI, but Seller shall accept said cash payment as Seller's total damages and relief. Section 16.3 Seller and Purchaser specifically acknowledge and agree that any limitation on remedies set forth in this Article XVI does not apply to the express hold harmless and indemnification agreements set forth in this Agreement or to the amounts recoverable pursuant to Section 18.5 below. Section 16.4 In no event shall any party to this Agreement be entitled to bring a claim for any consequential, punit...

Remedies of Default. Whenever an Event of Default shall have happened to be continuing, any one or more of the following remedial steps may be taken: (a) Any of the parties hereto may have access to, inspect, examine, and make copies of the books, records, accounts, and financial data of the defaulting party pertaining to the Arena. (b) The non-defaulting parties hereto may seek damages or injunction or order of specific performance to collect all amounts and to enforce all obligations then due and thereafter to become due under this Agreement; provided, however, that no remedy against the District may affect the financial obligations, revenues, expenses, liabilities, or prospects of the Arena; and provided further that any remedies against the District shall be limited to Accommodations Fees received by or for the account of the District.

Remedies of Default. 30.1 If the Purchaser fails to commence or complete the Purchaser’s Development in accordance with this Agreement or materially defaults in performance, including failing to have completed the Purchaser’s Development by the End Construction Date (but for clarity excluding the Milestones), or any other term of this Agreement Kāinga Ora shall, where that default or breach is capable of remedy, give the Purchaser written notice of the breach or default requiring it be remedied within 20 working days. Should that breach or default not be so remedied within the time frame specified in the notice, or not be capable of remedy (as the case may be) Kāinga Ora may: 30.1.1 exercise any rights that Kāinga Ora may possess including (without limitation) the right to sue for damages arising as a consequence of the Purchaser’s breach of this Agreement; and/or 30.1.2 sue for specific performance; and/or 30.1.3 where such material default occurs before the Settlement Date, cancel this Agreement in respect of the Superlot where the Purchase Price has not been paid to Kāinga Ora; and/or 30.1.4 direct the Purchaser who shall use best endeavours to collaborate and co-operate with Kāinga Ora to assist in devising a suitable strategy for the Purchaser to market and sell the Superlot to a third party to facilitate the exit of the Purchaser from the development in a manner that minimises detrimental commercial outcomes to the balance of the development, in the reasonable opinion of Kāinga Ora; and/or 30.1.5 require all consents, licences and intellectual property in, for or relating to the Purchaser’s Development to be assigned or transferred to Kāinga Ora. The Purchaser confirms that this clause constitutes in itself evidence of its consent to all such assignments and transfers and may be produced to all third parties as indisputable proof of Kāinga Ora’s right to require and effect the assignment or transfer and the Purchaser’s consent thereto. 30.2 Other than pursuant to the utilisation of the call option the Purchaser acknowledges that no compensation will be paid by Kāinga Ora to the Purchaser for any costs incurred by the Purchaser or for any works commenced or improvements on the Superlot in the event the Agreement is terminated due to the Purchaser’s default. 30.3 If Kāinga Xxx does not comply with the terms of a Settlement Notice served by the Purchaser then the Purchaser may without prejudice to any other rights or remedies available to the Purchaser at law or in equity; ...