REMEDIES OF LENDERS. Upon the occurrence and during the continuance of any one or more of the Events of Default, the Agent, at the request of the Majority Lenders, shall, by written notice to the Borrower, declare the obligation of the Lenders to make or maintain the Loans to be terminated, whereupon the same and the Commitment shall forthwith terminate, and the Agent, at the request of the Majority Lenders, shall, by notice to the Borrower, declare the entire unpaid principal amount of each Note and all fees and interest accrued and unpaid thereon and/or under this Agreement, and/or any of the other Financing Documents and any and all other Indebtedness under this Agreement, each Note and/or any of the other Financing Documents to the Agent and/or any of the Lenders and/or to any holder of all or any portion of each Note to be forthwith due and payable, whereupon each Note, and all such accrued fees and interest and other such Indebtedness 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 SECTIONS 6.1.2 or 6.1.3, all of the unpaid principal amount of each Note, all fees and interest accrued and unpaid thereon and/or under this Agreement and/or under any of the other Financing Documents and any and all other such Indebtedness of the Borrower to any of the Lenders and/or to any such holder shall thereupon be due and payable in full without any need for the Agent and/or any Lender to make any such declaration or take any action and the Lenders' obligations to make the Loans shall simultaneously terminate. The Agent shall, in accordance with the votes of the Majority Lenders, exercise all remedies on behalf of and for the account of each Lender and on behalf of its respective Pro Rata Share of the Loans, its Note and Indebtedness of the Borrower owing to it or any of the foregoing, including, without limitation, all remedies available under or as a result of this Agreement, the Notes or any of the other Financing Documents or any other document, instrument or agreement now or hereafter securing any Note without any such exercise being deemed to modify in any way the fact that each Lender shall be deemed a separate creditor of the Borrower to the extent of its Note and Pro Rata Share of the Loans and any other amounts payable to such Lender under this Agreement and/or any of the other Fin...
REMEDIES OF LENDERS. 54 ARTICLE 8. AGENT.................................................................................................54
REMEDIES OF LENDERS. Upon the occurrence of an Event of Default hereunder and the completion of any applicable grace or cure period, and during continuance of such Event of Default, (i) with the consent of Requisite Lenders Agent may and (ii) upon the request of Requisite Lenders Agent shall, by notice to Master Borrower on behalf of the Lenders, and with respect to Section 10.1.3 each individual Lender may, exercise all or any of the following remedies, all of which rights and remedies shall be cumulative:
10.1.1 Demand immediate payment in full of all Indebtedness, whereupon the same shall be immediately due and payable.
10.1.2 Immediately terminate Lenders' obligations to make any Loans or to issue any Letters of Credit or Tri-Party Agreements hereunder and Swing Line Lender's obligation to make Swing Line Loans.
10.1.3 Set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held by any Lender to or for the credit or the account of any Borrower, irrespective of whether Agent or Lenders shall have made any demand under this Agreement, the Line of Credit Notes, the Swing Line Note or any other Loan Document and although such obligations may be unmatured (which rights of the Lenders are in addition to other rights and remedies, including, without limitation, other rights of setoff, which the Lenders may have). All net funds recovered under the rights provided in this Section 10.1.3 shall be recovered by Lenders as agent for the other Lenders and shall be distributed among Lenders according to their Pro Rata Share. Each Lender shall be an agent of all other Lenders for purposes of rights of set-off.
10.1.4 Exercise its rights or remedies granted herein, or under applicable law, or which it may otherwise have under any other Loan Document, against Borrowers or against Guarantor.
10.1.5 Notwithstanding anything to the contrary contained in this Section 10.1, upon the occurrence with respect to Guarantor of any event describe in Section 9.3, the entire Indebtedness shall be immediately due and payable and Lenders' obligations to make Loans or to issue Letters of Credit or Tri-Party Agreements and Swing Line Lender's obligation to make Swing Line Loans, shall automatically and immediately terminate, without notice from Agent or any Lender.
REMEDIES OF LENDERS. 60 ARTICLE 8. AGENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
REMEDIES OF LENDERS. Lenders may at their option proceed in the first instance against Guarantor to collect any obligation covered by this Guarantee, without first proceeding against Borrower for said obligation, or any other person, firm or corporation liable for said obligation, and without first resorting to any property at any time held by Lenders as collateral security for said obligation and without any marshalling of assets whatsoever. Guarantor hereby confirms the grant of the security interest granted under that certain Amended and Restated Security Agreement of even date herewith among Guarantor and Lenders as secured parties under the Second Amended and Restated Credit Facility Agreement of even date herewith among Borrower, the guarantors named therein and Lenders.
REMEDIES OF LENDERS. The Lenders may at its option proceed in the first instance against the Guarantor to collect any obligation covered by this Guaranty, without first proceeding against the Borrower for said obligation, or any other person, firm or corporation liable for said obligation, and without first resorting to any property at any time held by the Lenders as collateral security for said obligation and without any marshalling of assets whatsoever. The Guarantor hereby grants to the Lenders a lien on, and a security interest in, the deposit balances, funds, accounts, items, certificates of deposit, securities, other property and the moneys of the Guarantor now or hereafter in the possession or custody of any of the Lenders for any purpose (including property left in safekeeping or custody) or on deposit with any of the Lenders to secure, and as collateral for, the payment and performance of this Guaranty as well as of any other obligation or liability (present or future, absolute or contingent, due or not due) of Guarantor to any of the Lenders. Any such Lender may at any time and from time to time, without demand or notice, appropriate and set off against 45 such deposit balances, funds, accounts, items, certificates of deposit, securities, other property and moneys and apply the same to the obligations of the Guarantor hereunder. Each of the Lenders shall further have any other rights provided by law or under any other document, all of which rights are cumulative.
REMEDIES OF LENDERS. 49 10.2 Effect of Delay..................................................50
REMEDIES OF LENDERS. 9 6.2.1. Rights in Collateral...................................................................9 6.2.2. Acceleration...........................................................................9 6.2.3. Delivery of Documents; Taking Possession of Collateral................................10 6.2.4.
REMEDIES OF LENDERS. 70 Section 11.1 Remedies.................................................................................... 70 Section 11.2 Collateral.................................................................................. 70 Section 11.3
REMEDIES OF LENDERS of the Credit Agreement is hereby ------------------- deleted in its entirety, and the following is inserted in lieu thereof:
