Remedies on Default Etc. In case any one or more Events of Default or Potential Events of Default shall occur and be continuing, the holder of any Note at the time outstanding may proceed to protect and enforce the rights of such holder by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in such Note, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law or otherwise. In case of a default in the payment of any principal of or premium, if any, or interest on any Note, the Company will pay to the holder thereof such further amount as shall be sufficient to cover the cost and expenses of collection, including, without limitation, reasonable attorneys' fees, expenses and disbursements. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.
Appears in 5 contracts
Samples: Note and Warrant Purchase Agreement (Perma Fix Environmental Services Inc), Note and Warrant Purchase Agreement (Dixon Ticonderoga Co), Note and Warrant Purchase Agreement (Gni Group Inc /De/)
Remedies on Default Etc. In case any one or more Events of Default or Potential Events of Default shall occur have occurred and shall be continuing, the holder of any Note at the time outstanding Holder may proceed to protect and enforce the its rights of such holder by an a suit in equity, action at law, suit in equity law or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in such this Note, or for an injunction against a violation of any of the terms hereof or thereofhereof, or in aid of the exercise of any right, power or remedy granted hereby or thereby or by law law, equity, statute or otherwise. In the case of a default Default in the payment of any principal of or premium, if any, or interest on any the Note, the Company will pay to the holder thereof Holder such further amount as shall be sufficient to cover the cost and expenses expense of collection, including, without limitation, reasonable attorneys' fees, expenses and disbursements. No course of dealing and no delay on the part of any holder of any Note the Holder in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holderthe Holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof hereby shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.
Appears in 2 contracts
Samples: Subordinated Note (Hagler Bailly Inc), Sale Agreement (Hagler Bailly Inc)
Remedies on Default Etc. In case any one or more Events of Default or Potential Events of Default shall occur and be continuing, the holder of any Note at the time outstanding may proceed to protect and enforce the rights of such holder by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in such Note, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law or otherwiselaw. In case of a default in the payment of any principal of or premiumof, premium (if any, ) or interest on any Note, the Company will pay to the holder thereof such further amount as shall be sufficient to cover the cost and expenses of collection, including, without limitation, reasonable attorneys' attorneys fees, expenses and disbursements. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy right shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.
Appears in 1 contract
Remedies on Default Etc. In case any one or more Events of Default or Potential Events Event of Default shall occur and be continuing, the holder of any Note at the time outstanding may proceed to protect and enforce the rights of available to such holder by an action at law, suit in equity equity, by statute or other appropriate proceedingotherwise, whether for the specific performance of any agreement contained herein or in such Note, or for an injunction against a violation of any of the terms hereof or thereof, or in 18 aid of the exercise of any power granted hereby or thereby or by law or otherwise. In case of a default in the payment of any principal of or premium, if any, or interest on any Note, the Company Corporation will pay to the holder thereof such further amount as shall be sufficient to cover the cost and expenses of collection, including, without limitationlimitation (to the extent permitted by applicable law), reasonable attorneys' fees, expenses and disbursements. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement hereby upon any holder of any Note or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, equity by statute or otherwise.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Financial Pacific Insurance Group Inc)
Remedies on Default Etc. In case any one or more Events of Default or Potential Events of Default shall occur and be continuing, the holder Holder of any Note at the time outstanding may proceed to protect and enforce the rights of such holder Holder by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein in this Agreement or in such Note, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law or otherwise. In case of a default in the payment of any principal of or premium, if any, or interest on any Note, the Company ITI Holdings will pay to the holder Holder thereof such further amount as shall be sufficient to cover the cost and expenses of collection, including, without limitation, reasonable attorneys' fees, expenses and disbursements. No course of dealing and no delay on the part of any holder Holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holderHolder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder Holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.
Appears in 1 contract
Samples: Sale and Purchase Agreement (Central European Media Enterprises LTD)
Remedies on Default Etc. In case If any one or more Events of Default or Potential Events of Default shall occur and be are continuing, the holder holders of any Note Notes at the time outstanding may proceed to protect and enforce the their rights of such holder by an action at law, suit in equity equity, or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in such Note, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise exchange of any power granted hereby or thereby or by law or otherwiselaw. In case of a default in the payment of any principal of or premium, if any, or interest on any Note, the Company will pay to the holder thereof such a further amount as shall be sufficient to cover the cost and expenses of collection, including, including (without limitation, ) reasonable attorneys' attorney's fees, expenses expenses, and disbursements. If any holder of any Note gives any notice or takes any other action in respect of a claimed default, the Company will forthwith give written notice thereof to all other holders of the Notes at the time outstanding describing the notice or action and the nature of the claimed default. No course of dealing and no delay on the part of by any holder of any Note in exercising any right, power power, or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or and remedies. No right, power power, or remedy conferred by this Agreement hereby or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.of
Appears in 1 contract
Remedies on Default Etc. In case If any one or more Events of Default or Potential Events Event of Default shall occur ------------------------ and be continuing, the holder of any Note at the time outstanding may may, to the extent permitted by applicable law, proceed to protect and enforce the rights of such holder by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in such Note, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law or otherwise. In case of a default in the payment of any principal of or premium, if any, or interest on any Note, the Company will pay to the holder thereof such further amount as shall be sufficient to cover the cost and expenses of collection, including, without limitation, reasonable attorneys' fees, expenses and disbursements. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.
Appears in 1 contract
Remedies on Default Etc. In case any one or more Events of Default or Potential Events of Default shall occur and be continuing, the holder of any Note at the time outstanding may proceed to protect and enforce the rights of such holder by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in such Note, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law or otherwiselaw. In case of a default in The Company further agrees, to the payment of any principal of or premiumextent permitted by law, if any, or interest on any Note, the Company will to pay to the holder thereof such further amount as shall be sufficient to cover or holders of the cost Notes all reasonable costs and expenses incurred by them in the collection of collectionany Notes upon any default hereunder or thereon, including, without limitation, including reasonable attorneys' fees, expenses and disbursementscompensation to such holder’s or holders’ attorneys for all services rendered in connection therewith. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy right shall operate as a waiver thereof or otherwise prejudice such holder's ’s rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.
Appears in 1 contract
Samples: Note Agreement (Unitil Corp)
Remedies on Default Etc. In case any one or more Events of Default or Potential Events of Default shall occur and be continuing, the holder of any Note at the time outstanding may proceed to protect and enforce the rights of such holder by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein or in such Note, or for an injunction against a violation of any of the terms hereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law or otherwiselaw. In case of a default in The Company further agrees, to the payment of any principal of or premiumextent permitted by law, if any, or interest on any Note, the Company will to pay to the holder thereof such further amount as shall be sufficient to cover or holders of the cost Notes all reasonable costs and expenses incurred by them in the collection of collectionany Notes upon any default hereunder or thereon, including, without limitation, including reasonable attorneyscompensation to such holder's or holders' fees, expenses and disbursementsattorneys for all services rendered in connection therewith. No course of dealing and no delay on the part of any holder of any Note in exercising any right, power or remedy right shall operate as a waiver thereof or otherwise prejudice such holder's rights, powers or remedies. No right, power or remedy conferred by this Agreement or by any Note upon any holder thereof shall be exclusive of any other right, power or remedy referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.
Appears in 1 contract
Samples: Note Agreement (Unitil Corp)