Common use of Remedies of Default Clause in Contracts

Remedies of Default. (a) If not cured within the cure period, if any, provided within the relevant provision, then upon the continuance of such Event of Default Lender may, by notice to Borrower (which notice shall be deemed given automatically upon occurrence of an Event of Default referred to in paragraph (f), (g), (h), (i) or (j)), terminate its commitment to make any Loans hereunder and/or declare immediately due and payable all principal, interest and other Obligations payable hereunder and under the Promissory Note by Borrower then due and payable that would otherwise be due after the date specified in the notice (or the date such notice is deemed given), whereupon all those amounts shall become immediately due and payable, all without further diligence, presentment, demand of payment, protest or notice of any kind, all of which are expressly waived by Borrower. If any Event of Default shall occur and be continuing, Lender may exercise all rights and remedies of a secured party under the Code, and, to the extent permitted by law, all other rights and remedies granted to Lender in this Agreement, the Guarantee and the AMC Guarantee and in any other instrument or agreement securing, evidencing or relating to the Obligations. Without limiting the generality of the foregoing, if an Event of Default or Other RF Event of Default shall occur and be continuing Lender may sell the Collateral in a commercially reasonable manner as determined by Lender (subject to the limitations set forth in the Trust Agreement), instituting suit in equity or instituting other appropriate proceedings, whether for the specific performance of any agreement contained herein, or for an injunction against a violation of any of the terms hereof, or in aid of the exercise of any power granted hereby or by law. If Lender opts to sell or otherwise dispose of the Collateral as one of its remedies upon an Event of Default or Other RF Event of Default, Borrower (subject to Section 2.10) and Guarantor shall remain liable for any remaining deficiency upon applying the proceeds of such sale or other disposition against any and all Obligations and Other RF Obligations, including, without limitation, the reasonable fees and disbursements of any attorneys employed by Lender to collect such deficiency.

Remedies of Default. (a) If not cured within the cure period, if any, provided within the relevant provision, then upon the continuance of such Event of Default Lender may, by notice to Borrower (which notice shall be deemed given automatically upon occurrence of an Event of Default referred to in paragraph (f), (g), (h), (i) or (j)), terminate its commitment to make any Loans hereunder and/or declare immediately due and payable all principal, interest and other Obligations payable hereunder and under the Promissory Note by Borrower then due and payable that would otherwise be due after the date specified in the notice (or the date such notice is deemed given), whereupon all those amounts shall become immediately due and payable, all without further diligence, presentment, demand of payment, protest or notice of any kind, all of which are expressly waived by Borrower. If any Event of Default shall occur and be continuing, Lender may exercise all rights and remedies of a secured party under the Code, and, to the extent permitted by law, all other rights and remedies granted to Lender in this Agreement, the Guarantee and the AMC Guarantee and in any other instrument or agreement securing, evidencing or relating to the Obligations. Without limiting the generality of the foregoing, if an Event of Default or Other RF Event of Default shall occur and be continuing Lender may sell the Collateral in a commercially reasonable manner as determined by Lender (subject to the limitations set forth in the Trust Agreement), instituting suit in equity or instituting other appropriate proceedings, whether for the specific performance of any agreement contained herein, or for an injunction against a violation of any of the terms hereof, or in aid of the exercise of any power granted hereby or by law. If Lender opts to sell or otherwise dispose of the Collateral as one of its remedies upon an Event of Default or Other RF Event of Default, Borrower (subject to Section 2.10) and Guarantor shall remain liable for any remaining deficiency upon applying the proceeds of such sale or other disposition against any and all Obligations and Other RF Obligations, including, without limitation, the reasonable fees and disbursements of any attorneys employed by Lender to collect such deficiency.

Remedies of Default. (a) If not cured within the cure period, if any, provided within the relevant provision, then upon the continuance of such Event of Default Lender may, by notice to Borrower (which notice shall be deemed given automatically upon occurrence of an Event of Default referred to in paragraph (e), (f), (g), (h), (i) or (j)h) of Section 8.01), terminate its commitment Commitment to make any Loans hereunder and/or hereunder, and declare immediately due and payable all principal, interest and other Obligations payable hereunder and under the Promissory each Note by Borrower then due and payable that would otherwise be due after the date specified in the notice (or the date such notice is deemed given), whereupon all those amounts shall become immediately due and payable, all without further diligence, presentment, demand of payment, protest or notice of any kind, all of which are expressly waived by Borrower. If any Event of Default shall occur and be continuing, Lender may exercise all rights and remedies of a secured party under the CodeUCC, and, to the extent permitted by law, all other rights and remedies granted to Lender in this Agreement, the Guarantee and the AMC Guarantee Agreement and in any other instrument or agreement securing, evidencing or relating to the Obligations. Without limiting the generality of limitation to the foregoing, if an Event of Default or Other RF Event of Default shall occur and be continuing Lender such actions may sell include selling the Collateral in a commercially reasonable manner as determined by Lender (subject to the limitations set forth in the Trust Agreement)Lender, instituting suit in equity or instituting other appropriate proceedings, whether for the specific performance of any agreement contained herein, or for an injunction against a violation of any of the terms hereof, or in aid of the exercise of any power granted hereby or by law. If Lender opts to sell or otherwise dispose of the Collateral as one of its remedies upon an Event of Default or Other RF Event of Default, Borrower (subject to Section 2.10) and Guarantor shall remain liable for any remaining deficiency upon applying the proceeds of such sale or other disposition against any and all Obligations and Other RF Obligations, including, without limitation, the reasonable fees and disbursements of any attorneys employed by Lender to collect such deficiency.

Remedies of Default. Upon occurrence of any such event of default, Lessor shall have the option to pursue any one of more of the following remedies without notice or demand whatsoever: (a) If not cured within Terminate, cancel and annul this Lease, in which event Lessee shall immediately surrender to Lessor the cure periodleased premises and if Lessee shall fail to do so, Lessor may, without prejudice to any other remedy which it may have for possession, arrearage in rent, or preceding breach of covenant or condition, enter upon and take possession of the leased premises, either with or without process of law and expel, remove and put out Lessee or any other person or persons occupying or in possession of same, by force, if anynecessary, and remove all fixtures and equipment there from, and store same at the cost and expense of Lessee, without being liable to Lessee or any person for damage thereby sustained by Lessee or any person, and Lessee agrees to pay Lessor on demand, the amount of all such loss and damage which Lessor may incur by such termination, cancellation, and annulment, whether through its inability to re-let the premises on satisfactory terms or otherwise, or the cost of recovering possession of the leased premises, including reasonable attorneys' fees and any real estate commission actually paid. (b) Upon re-entry, as provided within in the relevant provisionpreceding sub-paragraph, then upon Lessor may repair, alter and change the continuance leased premises as Lessor may deem fit and let the same or any part thereof, from time to time, at any rental and terms and for any part of such Event all of Default Lender the balance of the term hereof that Lessor may deem desirable in Lessor's discretion, and Lessor may, by notice to Borrower (which notice shall be deemed given automatically upon occurrence of an Event of Default referred to in paragraph (f)said letting, (g), (h), (i) or (j)), terminate its commitment to make any Loans hereunder and/or declare immediately due and payable all principal, interest and other Obligations payable hereunder and under also let the Promissory Note by Borrower then due and payable that would otherwise be due after aforesaid for a period extending beyond the date specified in the notice (or the date such notice is deemed given), whereupon all those amounts shall become immediately due and payable, all without further diligence, presentment, demand of payment, protest or notice of any kind, all of which are expressly waived by Borrower. If any Event of Default shall occur and be continuing, Lender may exercise all rights and remedies of a secured party under the Code, and, to the extent permitted by law, all other rights and remedies granted to Lender in this Agreement, the Guarantee and the AMC Guarantee and in any other instrument or agreement securing, evidencing or relating to the Obligations. Without limiting the generality expiration of the foregoingterm hereof, if an Event of Default which shall not prejudice or Other RF Event of Default shall occur and be continuing Lender may sell the Collateral in a commercially reasonable manner as determined by Lender (subject to the limitations set forth in the Trust Agreement), instituting suit in equity or instituting other appropriate proceedings, whether for the specific performance of any agreement contained herein, or for an injunction against a violation of invalidate any of the terms hereofLessor's rights in this Lease, or by the period beyond the term hereof shall, in aid no event, be for the account of the exercise of any power granted hereby or by law. If Lender opts to sell or otherwise dispose of the Collateral as one of its remedies upon an Event of Default or Other RF Event of Default, Borrower (subject to Section 2.10) and Guarantor shall remain liable for any remaining deficiency upon applying the proceeds of such sale or other disposition against any and all Obligations and Other RF Obligations, including, without limitation, the reasonable fees and disbursements of any attorneys employed by Lender to collect such deficiencyLessee.

Remedies of Default. (a) If not cured within the cure period, if any, provided within the relevant provision, then upon the continuance of such Event of Default the Agent or any Lender may, by notice to Borrower (which notice shall be deemed given automatically upon occurrence of an Event of Default referred to in paragraph (e), (f), (g), (h), (i) or (j)h) of Section 8.01), terminate its commitment Commitment to make any Loans hereunder and/or hereunder, and declare immediately due and payable all principal, interest and other Obligations payable hereunder and under the Promissory each Note by Borrower then due and payable that would otherwise be due after the date specified in the notice (or the date such notice is deemed given), whereupon all those amounts shall become immediately due and payable, all without further diligence, presentment, demand of payment, protest or notice of any kind, all of which are expressly waived by Borrower. If any Event of Default shall occur and be continuing, Lender the Agent and the Lenders may exercise all rights and remedies of a secured party under the CodeUCC, and, to the extent permitted by law, all other rights and remedies granted to the Agent or any Lender in this Agreement, the Guarantee and the AMC Guarantee Agreement and in any other instrument or agreement securing, evidencing or relating to the Obligations. Without limiting the generality of limitation to the foregoing, if an Event of Default or Other RF Event of Default shall occur and be continuing Lender such actions may sell include selling the Collateral in a commercially reasonable manner as determined by Lender (subject to the limitations set forth in Agent for the Trust Agreement)benefit of the Lenders, instituting suit in equity or instituting other appropriate proceedings, whether for the specific performance of any agreement contained herein, or for an injunction against a violation of any of the terms hereof, or in aid of the exercise of any power granted hereby or by law. If Lender the Agent for the benefit of the Lenders opts to sell or otherwise dispose of the Collateral as one of its remedies upon an Event of Default or Other RF Event of Default, Borrower (subject to Section 2.10) and Guarantor shall remain liable for any remaining deficiency upon applying the proceeds of such sale or other disposition against any and all Obligations and Other RF Obligations, including, without limitation, the reasonable fees and disbursements of any attorneys employed by the Agent or any Lender to collect such deficiency.

Remedies of Default. Timely payment of rent is an essential part of this lease. In the event Tenant fails to pay when due any of the rentals provided for herein or fails to promptly keep and perform any other affirmative covenant in this lease, Landlord, prior to taking any other action, shall give Tenant notice specifying the default(s). Tenant shall have ten (a10) days after receipt of said notice to correct any rental default and thirty (30) days to correct any other default(s). If not cured Tenant fails to correct said default(s) within the cure periodspecified time periods, Landlord may terminate this lease and re-enter the leased premises with or without process of law, and take possession thereof by reasonable force; or relet the premises at the best rental obtainable, Tenant to remain liable for the deficiency, if any, between the rental received by Landlord on any reletting and the rental provided within the relevant provisionfor herein; or, then upon the continuance of such Event of Default Lender may, by notice to Borrower (which notice shall be deemed given automatically upon occurrence of an Event of Default referred to in paragraph (f), (g), (h), (i) or (j)), terminate its commitment to make any Loans hereunder and/or declare immediately due and payable all principal, interest and other Obligations payable hereunder and under the Promissory Note by Borrower then due and payable that would otherwise be due after the date specified in the notice (or the date such notice is deemed given), whereupon all those amounts shall become immediately due and payable, all without further diligence, presentment, demand of payment, protest or notice of any kind, all of which are expressly waived by Borrower. If any Event of Default shall occur and be continuing, Lender may exercise all rights and remedies of a secured party under the Code, and, to the extent permitted if allowed by law, all other rights xxx Tenant for the difference, if any, between the discounted rental Landlord would receive from the date of default to the expiration of the term of the lease in effect when the default occurred. No notice of default for nonpayment or untimely payment of rent shall be required of Landlord, where such default, even though cured for the prior month, occurs for two consecutive months. In the event of Tenant's default under the terms and remedies granted provisions hereof with the resulting termination of the lease, Tenant shall owe to Lender Landlord as additional rent the actual costs of construction (labor and materials) of any special improvements specifically requested by Tenant and contained in Tenant's portion of the building. In the event that the leased premises are sublet by Tenant, and should any default occur requiring notice as herein before provided in this Agreementparagraph, Landlord agrees that it will furnish Tenant with a copy of such notice at the same time that it is sent to such sublessee. In the event that such default is not corrected by such sublessee during the specified time periods, the Guarantee Tenant shall have an additional period of ten (10) days to correct such default and, upon correction of such default, the Tenant shall have the right and option to resume actual possession of said premises as the AMC Guarantee and in any other instrument or agreement securing, evidencing or relating to the Obligations. Without limiting the generality of the foregoing, if an Event of Default or Other RF Event of Default shall occur and be continuing Lender may sell the Collateral in a commercially reasonable manner as determined by Lender (subject to the limitations set forth in the Trust Agreement), instituting suit in equity or instituting other appropriate proceedings, whether Tenant hereunder for the specific performance unexpired term of any agreement contained herein, or for an injunction against a violation of any of the terms hereof, or in aid of the exercise of any power granted hereby or by law. If Lender opts to sell or otherwise dispose of the Collateral as one of its remedies upon an Event of Default or Other RF Event of Default, Borrower (subject to Section 2.10) and Guarantor shall remain liable for any remaining deficiency upon applying the proceeds of such sale or other disposition against any and all Obligations and Other RF Obligations, including, without limitation, the reasonable fees and disbursements of any attorneys employed by Lender to collect such deficiencythis lease.

Remedies of Default. (a) If not cured within the cure period, if any, provided within the relevant provision, then upon the continuance of such Event of Default Lender may, by notice to Borrower (which notice shall be deemed given automatically upon occurrence of an Event of Default referred to in paragraph (f), (g), (h), (i) or (j)), terminate its commitment to make any Loans hereunder and/or declare immediately due and payable all principal, interest and other Obligations payable hereunder and under the Promissory Note by Borrower then due and payable that would otherwise be due after the date specified in the notice (or the date such notice is deemed given), whereupon all those amounts shall become immediately due and payable, all without further diligence, presentment, demand of payment, protest or notice of any kind, all of which are expressly waived by Borrower. If any Event of Default shall occur and be continuing, Lender may exercise all rights and remedies of a secured party under the Code, and, to the extent permitted by law, all other rights and remedies granted to Lender in this Agreement, the Guarantee and the AMC Guarantee and in any other instrument or agreement securing, evidencing or relating to the Obligations. Without limiting the generality of the foregoing, if an Event of Default or Other RF Event of Default shall occur and be continuing Lender may sell the Collateral in a commercially reasonable manner as determined by Lender (subject to the limitations set forth in the Trust Pooling and Servicing Agreement), instituting suit in equity or instituting other appropriate proceedings, whether for the specific performance of any agreement contained herein, or for an injunction against a violation of any of the terms hereof, or in aid of the exercise of any power granted hereby or by law. If Lender opts to sell or otherwise dispose of the Collateral as one of its remedies upon an Event of Default or Other RF Event of Default, Borrower (subject to Section 2.102.9) and Guarantor shall remain liable for any remaining deficiency upon applying the proceeds of such sale or other disposition against any and all Obligations and Other RF Obligations, including, without limitation, the reasonable fees and disbursements of any attorneys employed by Lender to collect such deficiency.

Remedies of Default. (a) If not cured within the cure period, if any, provided within the relevant provision, then upon the continuance of such Event of Default Lender may, by notice to Borrower (which notice shall be deemed given automatically upon occurrence of an Event of Default referred to in paragraph (f), (g), (h), (i) or (j)), terminate its commitment to make any Loans hereunder and/or declare immediately due and payable all principal, interest and other Obligations payable hereunder and under the Promissory Note by Borrower then due and payable that would otherwise be due after the date specified in the notice (or the date such notice is deemed given), whereupon all those amounts shall become immediately due and payable, all without further diligence, presentment, demand of payment, protest or notice of any kind, all of which are expressly waived by Borrower. If any Event of Default shall occur and be continuing, Lender may exercise all rights and remedies of a secured party under the Code, and, to the extent permitted by law, all other rights and remedies granted to Lender in this Agreement, the Guarantee and the AMC Guarantee and in any other instrument or agreement securing, evidencing or relating to the Obligations. Without limiting the generality of the foregoing, if an Event of Default or Other RF Event of Default shall occur and be continuing Lender may sell the Collateral in a commercially reasonable manner as determined by Lender (subject to the limitations set forth in the Trust Pooling and Servicing Agreement), instituting suit in equity or instituting other appropriate proceedings, whether for the specific performance of any agreement contained herein, or for an injunction against a violation of any of the terms hereof, or in aid of the exercise of any power granted hereby or by law. If Lender opts to sell or otherwise dispose of the Collateral as one of its remedies upon an Event of Default or Other RF Event of Default, Borrower (subject to Section 2.10) and Guarantor shall remain liable for any remaining deficiency upon applying the proceeds of such sale or other disposition against any and all Obligations and Other RF Obligations, including, without limitation, the reasonable fees and disbursements of any attorneys employed by Lender to collect such deficiency.