Common use of Remedies of Holders upon Occurrence of Event of Default Clause in Contracts

Remedies of Holders upon Occurrence of Event of Default. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when any Event of Default described in Section 8.1 above, other than any Event of Default under Section 8.1(g), has occurred and is continuing, the Holders, by action of the Majority Holders, may (in addition to any other right, power or remedy permitted to Purchasers by law) declare the entire amount of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium (if any), and all interest accrued then outstanding under the Senior Subordinated Note, to be, and the same shall thereupon become, forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind, all of which are hereby expressly waived, and in such event the Company shall (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers an amount equal to 100% of the amount thereof. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when any Event of Default described in subparagraph (g) of Section 8.1 above shall occur, all of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium (if any), and all accrued interest then outstanding under the Senior Subordinated Notes, shall thereupon be forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind (including any notice by the Holders of the Senior Subordinated Notes), all of which are hereby expressly waived by the Company, and the Company will (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers an amount equal to 100% of the amount thereof.

Remedies of Holders upon Occurrence of Event of Default. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in Section 8.1 9.1 above, other than any Event of Default under Section 8.1(g)described in subparagraph (I) thereof, has occurred and is continuing, the Holders, by action of the Majority Holders, Lender may (in addition to any other right, power or remedy permitted to Purchasers Lender by law) declare the entire amount of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium (if any), ) and all interest accrued then outstanding under the Senior Subordinated Note, to be, and the same shall thereupon become, forthwith due and payable, together with a premium equal to the product of the applicable Prepayment Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind, all of which are hereby expressly waived, and in such event the Company shall (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers Lender an amount equal to 100% of the amount thereof. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in subparagraph Subparagraph (gf) of Section 8.1 9.1 above shall occur, all of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium (if any), and all accrued interest then outstanding under the Senior Subordinated NotesNote, shall thereupon be forthwith due and payable, together with a premium equal to the -43- 44 product of the applicable Prepayment Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind (including any notice by the Holders of the Senior Subordinated NotesNote), all of which are hereby expressly waived by the Company, and the Company will (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers Lender an amount equal to 100% of the amount thereof.

Remedies of Holders upon Occurrence of Event of Default. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in Section 8.1 above, other than any Event of Default under Section 8.1(g)described in clause (f) thereof, has occurred and is continuing, the Holdersany Purchaser may, by action of the Majority Holders, may (in addition to any other right, power 37 or remedy permitted to Purchasers by law) , declare the entire amount of the Senior Subordinated ObligationsObligations owing to it, including, without limitation, the entire principal, premium (if any), ) and all interest accrued then outstanding under the its Senior Subordinated NoteObligations, to be, and the same shall thereupon become, forthwith due and payable, together with a premium an amount equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated NotePrepayment Fee, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind, all of which are hereby expressly waived, and in such event the Company shall (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers such Purchaser an amount equal to one hundred percent (100% %) of the amount thereof. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in subparagraph clause (gf) of Section 8.1 above shall occur, all of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium (if any), ) and all accrued interest then outstanding under the Senior Subordinated Notes, shall thereupon be forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind (including any notice by the Holders of the Senior Subordinated NotesPurchaser), all of which are hereby expressly waived by the Company, and the Company will (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers Purchaser an amount equal to 100% of the amount thereof.

Remedies of Holders upon Occurrence of Event of Default. Subject to the terms of the Senior Subordination Agreement When (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when a) any Event of Default described in Section 8.1 above, other than any Event of Default under Section 8.1(g), Sections 8.1(a) and (b) above has occurred and is continuing, the any Holder or Holders, by action individually or collectively, holding an aggregate principal amount of the Majority HoldersSenior Notes equal to or greater than $20,000,000, may (may, in addition to any other right, power or remedy permitted to Purchasers by law) , declare the entire amount of the such Holder's or Holders' Senior Subordinated ObligationsNotes, including, without limitation, the entire principal, premium (if any), all accrued interest and all interest accrued any premiums then outstanding under the such Holder's or Holders' Senior Subordinated NoteNotes, to be, and the same shall thereupon become, forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind, all of which are hereby expressly waived, and in such event the Company shall (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers such Holder or Holders an amount equal to 100% of the amount thereof. Subject to the terms , (b) any other Event of the Senior Subordination Agreement Default (the terms i.e., any Event of which are enforceable by the Senior Lender and canDefault not be enforced by the Credit Parties, or any Affiliate thereofdescribed in clause (a) preceding), when other than any Event of Default described in subparagraph (gSection 8.1(g) of Section 8.1 above shall occurabove, all has occurred and is continuing, Requisite Holders may, in addition to any other right, power or remedy permitted by law, declare the entire amount of the Senior Subordinated ObligationsNotes, including, without limitation, the entire principal, premium (if any)) and any and all accrued interest then outstanding under the Senior Notes, to be, and the same shall thereupon become, forthwith due and payable, without presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind, all of which are expressly waived, and in such event the Company shall forthwith pay to each Holder an amount equal to its pro rata share of the total amount thereof, and (c) any Event of Default described in Section 8.1(g) above shall occur, all of the Senior Notes, including, without limitation, the entire principal, and all accrued interest then outstanding under the Senior Subordinated Notes, shall thereupon be forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind (including any notice by the Holders of the Senior Subordinated Notes), all of which are hereby expressly waived by the Company, and the Company will (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers each Holder an amount equal to 100% its pro rata share of the total amount thereof.

Remedies of Holders upon Occurrence of Event of Default. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in Section 8.1 above, other than any Event of Default under Section 8.1(g)described in clause (f) thereof, has occurred and is continuing, the Holders, by action majority-in-interest of the Majority Holders, Holders may (in addition to any other right, power or remedy permitted to Purchasers the Holders by law) declare the entire amount of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium Prepayment Fee (if any), ) and all interest accrued then outstanding under the Senior Subordinated NoteNotes, to be, and the same shall thereupon become, forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind, all of which are hereby expressly waived, and in such event the Company shall (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers the Holders an amount equal to one hundred percent (100% %) of the amount thereof. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in subparagraph clause (gf) of Section 8.1 above shall occur, all of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium Prepayment Fee (if any), and all accrued interest then outstanding under the Senior Subordinated Notes, shall thereupon be forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, payable without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind (including any notice by the Holders of the Senior Subordinated Notes), all of which are hereby expressly waived by Parent and the Company, and the Company will (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers each Holder an amount equal to one hundred percent (100% %) of the amount thereof. The provisions of this Section 8.2 are solely for the benefit of the Holders and neither the Company nor any other Person shall have any rights with respect to or be entitled to enforce this Section 8.2. If, at any time or times, Parent, the Company or any Subsidiary shall be in default under the Senior Subordinated Notes, this Agreement or any Other Agreement, Rice (so long as it is a Holder) may act as the representative of and, as such, shall consult with the other Holders in connection with any action to be taken with respect to such default and/or with respect to the enforcement of their rights and remedies. All expenses incurred and all amounts realized shall be apportioned among the Holders, pro rata, and reimbursed by the Company as provided in this Agreement.

Remedies of Holders upon Occurrence of Event of Default. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in Section 8.1 above, other than any Event of Default under Section 8.1(g)described in clause (f) thereof, has occurred and is continuing, the Holders, by action of the Majority Holders, Purchaser may (in addition to any other right, power or remedy permitted to Purchasers Purchaser by law) declare the entire amount of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium Yield Maintenance Fee (if any), and all interest accrued then outstanding under the Senior Subordinated Note and the Deferral Note, to be, and the same shall thereupon become, forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind, all of which are hereby expressly waived, and in such event the Company shall (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers Purchaser an amount equal to one hundred percent (100% %) of the amount thereof. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in subparagraph clause (gf) of Section 8.1 above shall occur, all of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium Yield Maintenance Fee (if any), and all accrued interest then outstanding under the Senior Subordinated NotesNote, the Deferral Note, and all other Senior Subordinated Obligations, shall thereupon be forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, payable without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind (including any notice by the Holders of the Senior Subordinated NotesNote), all of which are hereby expressly waived by the Company, and the Company will (subject to the terms of the Senior Subordination Agreement) forthwith pay all such amounts to Purchasers an amount equal to 100% of the amount thereof.Purchaser

Remedies of Holders upon Occurrence of Event of Default. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in Section 8.1 above, other than any Event of Default under Section 8.1(g)described Subsection 8.1.7 thereof, has occurred and is continuing, the Holders, by action of the Majority Holders, Purchaser may (in addition to any other right, power or remedy permitted to Purchasers Purchaser by law) declare the entire amount of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium Prepayment Fee (if any), ) and all interest accrued then outstanding under the Senior Subordinated Note and the Deferral Note, to be, and the same shall thereupon become, forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind, all of which are hereby expressly waived, and in such event the Company shall (subject to the terms of the Senior Subordination Agreement) forthwith pay to Purchasers Purchaser an amount equal to one hundred percent (100% %) of the amount thereof. Subject to the terms of the Senior Subordination Agreement (the terms of which are enforceable by the Senior Lender and cannot be enforced by the Credit Parties, or any Affiliate thereof), when When any Event of Default described in subparagraph (g) of Section 8.1 Subsection 8.1.7 above shall occur, all of the Senior Subordinated Obligations, including, without limitation, the entire principal, premium Prepayment Fee (if any), and all accrued interest then outstanding under the Senior Subordinated NotesNote, the Deferral Note and all other Senior Subordinated Obligations, shall thereupon be forthwith due and payable, together with a premium equal to the product of the applicable Premium Percentage multiplied by the entire principal amount then outstanding under the Senior Subordinated Note, payable without any presentment, demand, protest, notice of default, notice of intention to accelerate, notice of acceleration or other notice of any kind (including any notice by the Holders of the Senior Subordinated NotesNote), all of which are hereby expressly waived by the Company, and the Company will (subject to the terms of the Senior Subordination Agreement) forthwith pay all such amounts to Purchasers an amount equal to 100% of the amount thereofPurchaser.