Common use of Remedies of the Bank Clause in Contracts

Remedies of the Bank. If any one or more of the Events of Default described in Section 8 shall occur, the Bank may, at its option at any time thereafter, take one or more of the following actions: (i) declare all amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank to be forthwith due and payable (with the exception of an Event of Default described in Sections 8.7 or 8.8, in which case the amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstanding.

Remedies of the Bank. 8.1 If any one or more of the Events of Default described in Section 8 Defaults shall occurhave occurred, then, the Bank mayBank, at its option at by a written notice to the Borrower may declare the Principal and all accrued Interest and charges on the Loan which may be payable by the Borrower under or in terms of this Agreement and/or any time thereafterother agreements, take one or more of documents subsisting between the following actions: (i) declare Borrower and the Bank, as well as all amounts other charges and dues to be due and upon such declaration the same shall become due and payable hereunder forthwith and the security in relation to the Loan and any other loans shall become enforceable, notwithstanding anything to the contrary in this Agreement or any other agreement/s or documents. 8.2 If any Event of Default or any event, which, after the notice or lapse of time or both, would constitute an Event of Default shall have happened, the Borrower shall forthwith give to the Bank notice thereof in writing specifying such Event of Default, or such event. 8.3 All reasonable costs incurred by Bank after an Event of Default has occurred in connection with: • Preservation of the Borrower's Property (whether now or hereafter existing); or • Collection of amounts due under this Agreement may be charged to the Borrower and reimbursed, as the Bank shall specify. 8.4 The Bank may issue any certificate as regards payment of any amounts paid by the Borrower to the Bank and all other obligations and indebtedness owed by in terms of this Agreement only if the Borrower to the Bank to be forthwith due and payable (with the exception of an Event of Default described in Sections 8.7 or 8.8, in which case the has paid all amounts due and payable hereunder by the Borrower under this Agreement to the Bank and all other obligations and indebtedness owed by the Borrower to has complied with all the Bank shall automatically become due and payable), whereupon terms of this Agreement. 8.5 In the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower the Bank shall immediately upon demand by Bank deposit be entitled to communicate, in any manner it may deem fit, to or with Bank cash collateral any person or persons with a view to receiving assistance of such person or persons in recovering the amount equal defaulted amounts including but not limited to visiting the maximum amount available to be drawn at Property and/or any time under any Letter place of Credit then outstandingwork of the Borrower. 8.6 To recall the loan and recover the entire dues.

Remedies of the Bank. If any one or more of the Events of Default described in Section 8 shall occur, the Bank may, at its option at any time thereafter, take one or more of the following actions: (i) declare all amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank to be forthwith due and payable (with the exception of an Event of Default described in Sections 8.7 or 8.8, in which case the amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx xxxxx x xxxx or a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstanding.

Remedies of the Bank. a) The remedies discussed herein shall be without prejudice to the rights and remedies available to the Bank under equity and under Applicable Law. b) If any one or more of the Events of Default described events specified in Section 8 this clause shall occurhave occurred, the Bank may, at its option at any time thereafter, take one or more by issuing 7 (Seven) days’ notice in writing to the Borrower declare that the principle amount of the following actions: (i) declare Loan and all amounts due and accrued Interest has become payable hereunder forthwith by the Borrower to the Bank and all the Bank may at its sole discretion terminate the Agreement: i) Failure of Borrower to pay the loan or processing fee, insurance charge and insurance premium or if any PI or any other obligations amount due remain unpaid for a period of 30 (Thirty) days from the Due Date; ii) Breach of the term and indebtedness owed conditions and covenants under the Agreement or this Terms and Conditions by the Borrower; iii) Any information/document submitted by the Borrower to the Bank is found false or incorrect; iv) Adverse material change of the Borrower, as a result of which the Bank deems itself to be forthwith due be, insecure or the Borrower has been declared and payable (with the exception of an Event of Default described in Sections 8.7 insolvent or 8.8there exists any other circumstance which, in which case sole opinion of the amounts due and payable hereunder Bank, jeopardizes the Bank’s interest; v) Usage of proceeds of the Loan by the Borrower for any purpose which may be deemed as illegal, antisocial, or speculative purpose including but not limited to participation in stock markets/IPOs; vi) Proceedings for misconducts are taken against the Borrower by any Government, Quasi Government or other authority; or vii) If whereabouts of the Borrower is not known for a period of 30 (Thirty) days or more. c) If the Borrower fails to pay any monies on the Due Date or which may be declared due prior to the Due Date or commits any other default under any agreement (including the Agreement) in favour of the Bank, the Bank and shall, without prejudice to any of its rights under each of the agreements, be absolutely entitled to exercise all other obligations and indebtedness owed or any its rights under any of the agreements entered into by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice in favour of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets and/or withhold applicable amount/documents of the Borrower and/or terminate without any notice to the BankBorrower, subject to any of the provisions agreement (including the Agreement) in favour of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by at the Borrower. No right, power, or remedy conferred upon sole discretion of the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstandingBank.

Remedies of the Bank. If any one or more of the Events of Default described in Section 8 shall occur, the Bank may, at its option at any time thereafter, take one or more of the following actions: (i) declare Declare all amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank to be forthwith due and payable (with the exception of an Event of Default described in Sections 8.7 or 8.8, Subsection 8.8 in which case the amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances and the Term Loan shall terminate; (ii) require the Borrower to gxxxx granx x xxxx or xx a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section Subsection 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral in the an amount equal to the maximum amount available to be drawn at any time under any Letter all Letters of Credit then outstanding.

Remedies of the Bank. If any one or more of the Events of Default described in Section 8 shall occur, the Bank may, at its option at any time thereafter, take one or more of the following actions: (i) declare all amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank to be forthwith due and payable (with the exception of an Event of Default described in Sections 8.7 or 8.8, in which case the amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx xxxxx x xxxx or a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section 3.1(b3.l(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstanding.

Remedies of the Bank. If any one or more of the Events of Default described in Section 8 shall occur, the Bank may, at its option at any time thereafter, take one or more of the following actions: (i) declare all amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank to be forthwith due and payable (with the exception of an Event of Default described in Sections 8.7 or 8.8, in which case the amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx xxxxx x xxxx or a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section 3.1(b3.1 (b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstanding.

Remedies of the Bank. If In case any one or more of the Events of Default described in Section 8 shall occurhave occurred and be continuing, and whether or not the Bank shall have taken any action pursuant to Article IX hereof, the Bank mayBank, if owed any Obligations, may proceed to protect and enforce its rights by suit in equity, action at its option at law or other appropriate proceeding, whether for the specific performance of any time thereafter, take one covenant or more of agreement contained in this Agreement and the following actions: (i) declare all amounts due and payable hereunder by other Financing Agreements or any instrument pursuant to which the Borrower Obligations to the Bank and all are evidenced, including as permitted by applicable law the obtaining of the EX PARTE appointment of a receiver, and, if such amount shall have become due, by acceleration or otherwise, proceed to enforce the payment thereof or any other obligations and indebtedness owed by legal or equitable right of the Bank. The Borrower to hereby grants the Bank to be forthwith due an irrevocable power of attorney and payable (with appoints HSBC its attorney-in-fact, upon the exception occurrence of an any Event of Default described in Sections 8.7 or 8.8hereunder, in which case to file the amounts due and payable hereunder by Assignments with the Borrower appropriate government agencies, to amend the Bank and all other obligations and indebtedness owed by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets Assignments on behalf of the Borrower if needed to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder file same and to collect all amounts owing to the Bank by the Borrowerobtain acknowledgments of such filings from an appropriate government agencies. No right, power, or remedy herein conferred upon the Bank by or the Loan Documents shall holder of the Note is intended to be exclusive of any other right, power, or remedy referred and each and every remedy shall be cumulative and shall be in addition to therein every other remedy given hereunder or now or hereafter available existing at law or in equity or by statute or any other provision of law. Without limiting the generality of the foregoing, the Bank shall have in any jurisdiction where enforcement hereof is sought, in addition to all other rights and remedies which the Bank may have under law and equity. Upon , the occurrence following rights and during remedies, all of which may be exercised with or without further notice to the continuance Borrower and without a prior judicial or administrative hearing or notice, which notice and hearing are expressly waived: to occupy any of the Borrower's premises, subject to an agreement with the lessor, for up to one (1) year rent free for the purposes of liquidating Collateral, including without limitation, conducting an auction thereon; to enforce or foreclose the liens and security interests created under this Agreement or under any Event other agreement relating to Collateral by any available judicial procedure or without judicial process; to enter any premises where any Collateral may be located for the purposes of Defaulttaking possession or removing the same; to sell, Borrower assign, lease, or otherwise dispose of Collateral or any part thereof, either at public or private sale, in lots or in bulk, for cash, on credit or otherwise, with or without representations or warranties, and upon such terms as shall immediately upon demand by be acceptable to the Bank, all at the Bank's sole option and as the Bank deposit in its sole discretion may deem advisable; to bid or become purchaser at any such sale if public; and, at the option of the Bank, to apply or be credited with Bank cash collateral in the amount equal of all or any part of the Obligations owing to the maximum amount available to be drawn Bank against the purchase price bid by the Bank at any time under any Letter of Credit then outstandingsuch sale.

Remedies of the Bank. If any one or more of the Events of Default described in Section 8 shall occur, the Bank may, at its option at any time thereafter, take one or more of the following actions: : (i) declare all amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank to be forthwith due and payable (with the exception of an Event of Default described in Sections 8.7 or 8.8, in which case the amounts due and payable hereunder by the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx xxxxx x xxxx or a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstanding.

Remedies of the Bank. If At any one or more time after the monies hereby secured shall have become repayable under any of the Events provisions of Default described in Section 8 shall occur, 10.01 hereof and to the extent allowed it under the Bank maySecurity Documents:- (a) the Bank may appoint in writing under the hand of any of its Managers, at its option at any Assistant Managers for the time thereafter, take one or more being of the following actions:Kuala Lumpur Office any competent person or persons not precluded under the provisions of Section 182 of the Companies Act, to be the Receiver and/or Manager or Receivers and/or Managers of the Property hereby charged and may in like manner from time to time remove any Receiver and/or Manager or Receivers and/or Managers so appointed and appoint another or others in his or their stead; (ib) declare all amounts due and payable hereunder the Bank or any person authorised by the Borrower Bank may enter into and upon any premises where the Property is located without any notice and may take possession and control of such premises and the Property hereby secured and all properties books of account and documents relating to the Property and assets hereby secured; (c) the Bank shall be at liberty to give any notice which may be deemed necessary by the Bank to any person or persons owing money to the Company secured by the Bank Security Documents that all such monies be paid to the Bank alone, and all other obligations and indebtedness owed by the Borrower to Company hereby irrevocably appoints the Bank to be forthwith due its Attorney to sue xxx and payable (with take all appropriate legal proceedings to recover such monies and to give a good receipt and discharge for the exception same and to give such notices to the debtors of an Event the Company and to take all necessary steps to complete the assignment of Default described in Sections 8.7 or 8.8, in which case the amounts due and payable hereunder by the Borrower such monies to the Bank and all other obligations and indebtedness owed by as may be necessary; (d) the Borrower Bank may effect the sale of any of the Property of which it takes possession under Section 11.01(b) hereof upon giving not less than seven (7) days' notice of the intended sale to the Company in such manner as the Bank shall automatically become due think proper with liberty to buy and payable), whereupon resell the indebtedness owed same and the Bank shall not be liable for any loss caused to the Company thereby and the Company shall do all things necessary to enable the Bank to complete any sale by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets part of the Borrower to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Property included in this security. The Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand liable only for loss caused by Bank deposit with Bank cash collateral in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstandingits wilful default.

Remedies of the Bank. 10.1 If any one or more of the Events of Default described in Section 8 Defaults shall occurhave occurred, then, the Bank mayby a written notice to the Borrower may declare the principal and all accrued interest and charges on the Facility which may be payable by the Borrower under or in terms of this Agreement and / or any other agreements, at its option at documents subsisting between the Borrower and the Bank, as well as all other charges and dues to be due and upon such declaration the same shall become due and payable forthwith and the Security in relation to the Facility and any other loans shall become enforceable, notwithstanding anything to the contrary in this Agreement or any other agreements or documents. 10.2 If any Event of Default or any event, which, after the notice or lapse of time thereafteror both, take one would constitute an Event of Default shall have happened, the Borrower shall forthwith give to the Bank notice thereof in writing specifying such Event of Default, or more such event. 10.3 All reasonable costs incurred by the Bank after an Event of the following actionsDefault has occurred in connection with: (i) declare all Preservation of the Secured Property (whether now or hereafter existing); or (ii) Collection of amounts due under this Agreement will be charged to the Borrower and payable hereunder if incurred by the Bank the same should be reimbursed, as the Bank shall specify. 10.4 The Bank may issue any certificate as regards payment of any amounts paid by the Borrower to the Bank and all other obligations and indebtedness owed by in terms of this Agreement only if the Borrower to the Bank to be forthwith due and payable (with the exception of an Event of Default described in Sections 8.7 or 8.8, in which case the has paid all amounts due and payable hereunder by the Borrower under this Agreement to the Bank and all other obligations and indebtedness owed by the Borrower to has complied with all the Bank shall automatically become due and payable), whereupon terms of this Agreement. 10.5 In the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by the Borrower. No right, power, or remedy conferred upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, the Bank shall be entitled to communicate, in any manner it may deem fit, to or with any person or persons with a view to receiving assistance of such person or persons in recovering the defaulted amounts including not limited to take assistance in relation to the Secured Property and / or any place of work of the Borrower. 10.6 In the Event of Default, the Bank may take appropriate legal proceedings for enforcement of the Security as well as for realizing the dues personally from the Borrower. 10.7 The Borrower shall immediately upon demand by Bank deposit with Bank cash collateral further agrees that during the currency of the Facility and for payment of dues in the amount equal Account, the Bank shall have the authority to exercise lien and right of set off and combine accounts without notice and charge on all movable property of every description coming into their possession on account of the Borrower or any one of them or for the time being held by the Bank on behalf of the Borrower or anyone of them whether singly or jointly with others in India or elsewhere including without prejudice to the maximum amount available generality, any moneys, bullion, deposits, deposit receipt for moneys, promissory notes, bills of exchange, hundies, stocks, goods, merchandise, bills notes etc. 10.8 The Borrower agrees to accept as conclusive proof of the correctness of any sum claimed to be drawn at due to the Bank under this Agreement a statement of account made out from the books of the Bank and signed by the duly authorized officer of the Bank or data / print out of the data in respect of the account stored in a floppy, disc, tape or any time under other form of electro-magnetic storage device or computer system generated printout without production of any Letter of Credit then outstandingvoucher, document or paper.

Remedies of the Bank. If In case any one or more of the Events of Default described in Section 8 shall occurhave occurred and be continuing, and whether or not the Bank shall have taken any action pursuant to Article X hereof, the Bank, if owed any Obligations, may proceed to protect and enforce its rights by suit in equity, action at law or other appropriate proceeding, whether for the specific performance of any covenant or agreement contained in this Agreement and the other Financing Agreements or any instrument pursuant to which the Obligations to the Bank mayare evidenced, at its option at any time thereafter, take one or more including as permitted by applicable law the obtaining of the following actions: (i) declare all amounts due EX PARTE appointment of a receiver, and, if such amount shall have become due, by acceleration or otherwise, proceed to enforce the payment thereof or any other legal or equitable right of the Bank. The Borrower hereby grants the Bank an irrevocable power of attorney and payable hereunder appoints HSBC its attorney-in-fact, upon the occurrence of any Event of Default hereunder, to file those certain assignments executed and delivered by the Borrower to the Bank (collectively "Assignments") whereby the Borrower has assigned to the Bank its right, title and all other obligations and indebtedness owed interest in each of the Government Contracts (which shall mean any contracts with any agency of the United States government regarding the sale of Inventory by the Borrower to and described on Schedule 5.1(y) of the Domestic Credit Agreement), and which are being held by the Bank to be forthwith due and payable (with the exception of until an Event of Default described in Sections 8.7 or 8.8Default, in which case with the amounts due and payable hereunder by appropriate government agencies, to amend the Borrower to the Bank and all other obligations and indebtedness owed by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets Assignments on behalf of the Borrower if needed to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder file same and to collect all amounts owing to the Bank by the Borrowerobtain acknowledgments of such filings from an appropriate government agencies. No right, power, or remedy herein conferred upon the Bank by or the Loan Documents shall holder of the Note is intended to be exclusive of any other right, power, or remedy referred and each and every remedy shall be cumulative and shall be in addition to therein every other remedy given hereunder or now or hereafter available existing at law or in equity or by statute or any other provision of law. Without limiting the generality of the foregoing, the Bank shall have in any jurisdiction where enforcement hereof is sought, in addition to all other rights and remedies which the Bank may have under law and equity. Upon , the occurrence following rights and during remedies, all of which may be exercised with or without further notice to the continuance Borrower and without a prior judicial or administrative hearing or notice, which notice and hearing are expressly waived: to occupy any of the Borrower's premises, subject to an agreement with the lessor, for up to one (1) year rent free for the purposes of liquidating Collateral, including without limitation, conducting an auction thereon; to enforce or foreclose the liens and security interests created under this Agreement or under any Event other agreement relating to Collateral by any available judicial procedure or without judicial process; to enter any premises where any Collateral may be located for the purposes of Defaulttaking possession or removing the same; to sell, Borrower assign, lease, or otherwise dispose of Collateral or any part thereof, either at public or private sale, in lots or in bulk, for cash, on credit or otherwise, with or without representations or warranties, and upon such terms as shall immediately upon demand by be acceptable to the Bank, all at the Bank's sole option and as the Bank deposit in its sole discretion may deem advisable; to bid or become purchaser at any such sale if public; and, at the option of the Bank, to apply or be credited with Bank cash collateral in the amount equal of all or any part of the Obligations owing to the maximum amount available to be drawn Bank against the purchase price bid by the Bank at any time under any Letter of Credit then outstandingsuch sale.

Remedies of the Bank. a) The remedies discussed herein shall be without prejudice to the rights and remedies available to the Bank under equity and under Applicable Law. b) If any one or more of the Events of Default described events specified in Section 8 this clause shall occurhave occurred, the Bank may, at its option at any time thereafter, take one or more by issuing 7 (Seven) days’ notice in writing to the Borrower declare that the principle amount of the following actions: (i) declare Loan and all amounts due and accrued Interest has become payable hereunder forthwith by the Borrower to the Bank and all the Bank may at its sole discretion terminate the Agreement: i) Failure of Borrower to pay the loan or processing fee, insurance charge and insurance premium or if any PI or any other obligations amount due remain unpaid for a period of 30 (Thirty) days from the Due Date; ii) Breach of the term and indebtedness owed conditions and covenants under the Agreement or this Terms and Conditions by the Borrower; iii) Any information/document submitted by the Borrower to the Bank is found false or incorrect; iv) Adverse material change of the Borrower, as a result of which the Bank deems itself to be forthwith due be, insecure or the Borrower has been declared and payable (with the exception of an Event of Default described in Sections 8.7 insolvent or 8.8there exists any other circumstance which, in which case sole opinion of the amounts due and payable hereunder Bank, jeopardizes the Bank’s interest; v) Usage of proceeds of the Loan by the Borrower for any purpose which may be deemed as illegal, antisocial, or speculative purpose including but not limited to participation in stock markets/IPOs; vi) Proceedings for misconducts are taken against the Borrower by any Government, Quasi Government or other authority; or vii) If whereabouts of the Borrower is not known for a period of 30 (Thirty) days or more. c) If the Borrower fails to pay any monies on the Due Date or which may be declared due prior to the Due Date or commits any other default under any agreement (including the Agreement) in favour of the Bank, the Bank and shall, without prejudice to any of its rights under each of the agreements, be absolutely entitled to exercise all other obligations and indebtedness owed or any its rights under any of the agreements entered into by the Borrower to the Bank shall automatically become due and payable), whereupon the indebtedness owed to the Bank by the Borrower hereunder and all other obligations owed by the Borrower to the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice in favour of any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstanding, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets and/or withhold applicable amount/documents of the Borrower and/or terminate without any notice to the BankBorrower, subject to any of the provisions agreement (including the Agreement) in favour of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by at the Borrower. No rightsole discretion of the Bank. d) The Bank may exercise the remedies either through its representatives, powerservants, or remedy conferred upon officers, agents and/or such other person/entity with whom the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstandinghas arrangements for enforcement/collection/recovery action (“Bank’s Representatives”).

Remedies of the Bank. a) The remedies discussed herein shall be without prejudice to the rights and remedies available to the Bank under equity and under Applicable Law. b) If any one or more of the Events of Default described events specified in Section 8 this clause shall occurhave occurred, the Bank may, at its option at any time thereafter, take one or more by issuing 7 (Seven) days’ notice in writing to the Borrower declare that the principal amount of the following actions: (i) declare Loan and all amounts due and accrued Interest has become payable hereunder forthwith by the Borrower to the Bank and all the Bank may at its sole discretion terminate the Agreement: i) Failure of Borrower to pay the loan or processing fee, insurance charge and insurance premium or if any EMI or any other obligations amount due remain unpaid for a period of 30 (Thirty) days from the Due Date; ii) Breach of the term and indebtedness owed conditions and covenants under the Agreement or this Terms and Conditions by the Borrower; iii) Any information/document submitted by the Borrower to the Bank is found false or incorrect; iv) Adverse material change of the Borrower, as a result of which the Bank deems itself to be forthwith due be, insecure or the Borrower has been declared and payable (with the exception of an Event of Default described in Sections 8.7 insolvent or 8.8there exists any other circumstance which, in which case sole opinion of the amounts due and payable hereunder Bank, jeopardizes the Bank’s interest; v) Usage of proceeds of the Loan by the Borrower for any purpose which may be deemed as illegal, antisocial, or speculative purpose including but not limited to participation in stock markets/IPOs; vi) Proceedings for misconducts are taken against the Borrower by any Government, Quasi Government or other authority; or vii) If whereabouts of the Borrower is not known for a period of 30 (Thirty) days or more. c) If the Borrower fails to pay any monies on the Due Date or which may be declared due prior to the Due Date or commits any other default under any agreement (including the Agreement) in favour of the Bank, the Bank and shall, without prejudice to any of its rights under each of the agreements, be absolutely entitled to exercise all other obligations and indebtedness owed or any of its rights under any of the agreements entered into by the Borrower in favour of the Bank, and/or withhold applicable amount/documents of the Borrower and/or terminate without any notice to the Borrower, any of the agreement (including the Agreement) in favour of the Bank at the sole discretion of the Bank. d) The remedies may be exercised by the Bank, through its representatives, servants, officers, agents, third party/recovery agents and/or such other person as may be appointed by the Bank. The Bank shall, without prejudice to its rights to perform the remedies by itself, perform the remedies through its representatives, servants, officers, agents, third party/recovery agents and/or such other person as may be appointed by the Bank by delegating to such representative, servant, officer, agent, third party/recovery agent and/or such other person all or any of its functions rights and powers under the Facility Documents relating to the administration of the Loan including the rights and authority to collect and receive on behalf of the Bank from the Borrower all dues and unpaid instalments and other amounts due by Borrower under the Facility Documents and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices contacting the Borrower, receiving cash/cheques/drafts/mandates etc. from the Borrower and giving valid and effectual receipts and discharge to the Borrower. For the purposes aforesaid or for any other purposes at the discretion of the Bank, the Bank shall automatically become due and payable), whereupon the indebtedness owed be entitled to disclose to such third parties all information pertaining to the Obligors and the Loan. Notwithstanding the above, the Bank by (and/or any such third party as the Borrower hereunder Bank may select) may contact any third parties (including the family members of the Obligors) and disclose all other obligations owed by the Borrower necessary or relevant information pertaining to the Obligors and the Loan. The Obligors shall have the right to disagree with this right of the Bank with accrued interest thereon, whether contingent or direct, shall forthwith become due and payable, without presentment, demand, protest, or other notice of at any kind from the Bank, all of which are hereby expressly waived, anything contained in the Loan Documents to the contrary notwithstandingtime, and all commitments to make Advances shall terminate; (ii) require the Borrower to gxxxx x xxxx or a security interest in all assets of the Borrower to the Bank, subject to the provisions of Section 3.1(b) hereof, and (iii) immediately proceed to do all other things provided for by law or the Loan Documents to enforce its rights hereunder and to collect all amounts owing to the Bank by shall consider such requests if the Borrower. No right, power, or remedy conferred Obligor serves upon the Bank by the Loan Documents shall be exclusive of any other right, power, or remedy referred to therein or now or hereafter available at law or requisite request in equity. Upon the occurrence and during the continuance of any Event of Default, Borrower shall immediately upon demand by Bank deposit with Bank cash collateral writing in the amount equal to the maximum amount available to be drawn at any time under any Letter of Credit then outstandingadvance in this regard.