Common use of Remedies on Default Etc Clause in Contracts

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company described in Section 11(h) or (i) (other than an Event of Default described in clause (i) of Section 11(h) or described in clause (b) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds then outstanding to be immediately due and payable. (c) If any Event of Default described in Sections 11(b) or 11(c), has occurred and is continuing, any holder or holders of Bonds at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds held by it or them to be immediately due and payable. Upon any Bonds becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds will forthwith mature and the entire unpaid principal amount of such Bonds, plus (x) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y) the Make-Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond has the right to maintain its investment in the Bonds free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances..

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary12.1. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Acceleration TC "Section 12.1. Acceleration" \f C \l "2" . (a) If an Event of Default with respect to the Company described in Section 11(h11(g), (h) or (i) (other than an Event of Default described in clause (i) of Section 11(h11(g) or described in clauseclause (vi) of Section 11(g) by virtue of the fact that such clause encompasses clause (i) of Section 11(g)) has occurred, all the Notes then outstanding shall automatically become immediately due and payable. (b) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) If any Event of Default described in Sections 11(bSection 11(a) or 11(c), (b) has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x) all accrued and unpaid interest thereon (including, but not limited to, including interest accrued thereon at the Default Rate) and (y) the Make-Whole Make‑Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law)amount, shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Make‑Whole Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contraryAcceleration. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the either Constituent Company described in Section 11(h11(g), (h) or (i) (other than an Event of Default described in clause (i1) of Section 11(h11(g) or described in clause clause (b6) of Section 11(g) by virtue of the fact that such clause encompasses clause (1) of Section 11(g)) has occurred, all the Notes then outstanding shall automatically become immediately due and payable. If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the CompanyIssuer, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) . If any Event of Default described in Sections 11(bSection 11(a) or 11(c), (b) has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the CompanyIssuer, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x1) all accrued and unpaid interest thereon (including, but not limited to, including interest accrued thereon at the applicable Default Rate) and all accrued and unpaid Excess Leverage Fees (yincluding interest accrued thereon at the applicable Default Rate), and (2) the Make-Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law)amount, shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company Issuer acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company Issuer (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company Issuer in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances... ​

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contraryAcceleration. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company described in Section 11(h11(g) or (iSection 11(h) (other than an Event of Default described in clause (i1) of Section 11(h11(g) or described in clause clause (b6) of Section 11(g) by virtue of the fact that such clause encompasses clause (1) of Section 11(g)) has occurred and is continuing, all the Notes then outstanding shall automatically become immediately due and payable. If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) . If any Event of Default described in Sections Section 11(a) or Section 11(b) or 11(c), has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x1) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y2) the Make-Whole Amount Amount, if any, determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company (except as herein specifically provided for) ), and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contraryAcceleration. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company described in Section 11(h11(g) or (iSection 11(h) (other than an Event of Default described in clause (i1) of Section 11(h11(g) or described in clause clause (b6) of Section 11(g) by virtue of the fact that such clause encompasses clause (1) of Section 11(g)) has occurred and is continuing, all the Notes then outstanding shall automatically become immediately due and payable. If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) . If any Event of Default described in Sections Section 11(a) or Section 11(b) or 11(c), has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x1) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y2) the applicable Make-Whole Amount Amount, if any, determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company (except as herein specifically provided for) ), and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to After an Event of Default has ------------------------ occurred, the Company shall promptly notify all of the holders of the Notes in writing of such occurrence. Upon the occurrence of an Event of Default, and at any remedies provided time thereafter while such Event of Default is continuing, the holders of a majority in aggregate principal amount of the MortgageNotes at the time outstanding, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage by written notice to the contraryCompany, may declare (a "Declaration") due and payable an amount equal to all unpaid principal of, premium, if any, and accrued interest on, all Notes issued and outstanding (the "Default Amount"). In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default specified in clause (f) or (g) of Subsection 9.1 occurs, the Default Amount shall ipso facto become and be immediately due and payable without any declaration or other act on the part of any of the holders of the Notes. The holders of a majority in aggregate principal amount of the Notes, by written notice to the Company, may rescind any Declaration if all Events of Default then continuing (other than any Events of Default with respect to the Company described nonpayment of principal of or interest on any Note which has become due solely as a result of such Declaration) have been cured. In addition, if holders of a majority in Section 11(h) or (i) (other than an Event aggregate principal amount of Default described in clause (i) of Section 11(h) or described in clause (b) If any other Event of Default has occurred and Notes make a Declaration which is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds then outstanding to be immediately due and payable. (c) If any Event of Default described in Sections 11(b) or 11(c), has occurred and is continuingnot rescinded, any holder of any of the Notes may proceed to enforce its rights by suit in equity, action at law and/or other appropriate means to collect the payment of principal or holders interest on the Notes or to enforce the performance of Bonds at any provision hereunder or under the time outstanding affected by such Event of Default may at any time, at its Notes or their option, by notice or notices to the Company, declare all the Bonds held by it or them to be immediately due and payable. Upon any Bonds becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds will forthwith mature and the entire unpaid principal amount of such Bonds, plus (x) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y) the Make-Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waivedother Transaction Documents. The Company acknowledgeshereby agrees to pay on demand reasonable costs and expenses, and the parties hereto agreeincluding without limitation reasonable attorneys' fees, that each Incurred or paid by any holder of a Bond has the right to maintain its investment Notes in enforcing such holders rights upon the Bonds free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds are prepaid or are accelerated as a result occurrence of an Event of Default. No provision of this Agreement, the other Transaction Documents or the Notes shall alter or impair the obligation of the Company, which is intended absolute and unconditional, to provide compensation for pay the deprivation of such right under such circumstances..principal and interest on the Notes at the times, places and rates, and in the currency provided.

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default described in Section 10.1(a) has occurred and is continuing, (x) the holders of outstanding Note representing at least fifty percent (50%) of the aggregate principal amount of the Note then outstanding may at any time at their option by notice or notices to the Company, declare that the Redemption Price as of the date of such Event of Default with respect to the Company described in Section 11(haggregate principal amount of the Note then outstanding, together with all interest accrued pursuant to the terms of the Note and unpaid as of the date of such Event of Default, shall automatically become immediately due and payable and (y) or any Holder may, at its option, declare that the Redemption Price as of the date of such Event of Default with respect to the aggregate principal amount of such Holder's Note(s) then outstanding, together with all interest accrued pursuant to the terms of the Note(s) and unpaid as of the date of such Event of Default, shall automatically become immediately due and payable upon the earlier of (i) one hundred twenty (120) days following the termination of a Forbearance Period instituted with respect to such Event of Default or (ii) if no Forbearance Period may be instituted with respect to such Event of Default, one hundred twenty (120) days following the date of such Event of Default, in either case only if such Event of Default at such time is continuing. (b) If an Event of Default (other than an Event of Default described in clause (i) of Section 11(h10.1(a), 10.1(f) or described in clause (b10.1(g)) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare that the Redemption Price as of the date of such Event of Default with respect to the aggregate principal amount of the Note then outstanding, together with all interest accrued pursuant to the Bonds then outstanding to be terms of the Note and unpaid as of the date of such Event of Default, shall automatically become immediately due and payable. (c) If any an Event of Default described in Sections 11(bSection 10.1(f) or 11(c)(g) has occurred, has occurred and is continuing, any holder or holders then the Redemption Price as of Bonds at the time outstanding affected by date of such Event of Default may at any time, at its or their option, by notice or notices with respect to the Companyaggregate principal amount of the Note then outstanding, declare together with all interest accrued pursuant to the Bonds held by it or them to be terms of the Note and unpaid as of the date of such Event of Default, shall automatically become immediately due and payable. . (d) Upon any Bonds the Note becoming due and payable under this Section 12.110.2, whether automatically or by declaration, such Bonds the Note will forthwith mature and the Redemption Price as of the date of such Event of Default with respect to the entire unpaid aggregate principal amount of such Bondsthe Note then outstanding, plus (x) together with all interest accrued pursuant to the terms of the Note and unpaid as of the date of such Event of Default (such interest thereon (including, but not limited to, interest accrued thereon to accrue at the Default Rate) and (y) the Make-Whole Amount determined in Rate with respect of such principal amount (to the full extent permitted by applicable lawany overdue payment), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond has the right to maintain its investment in the Bonds free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company described in Section 11(h11(g), (h) or (i) (other than an Event of Default described in clause (i) of Section 11(h) or described in clausehas occurred, all the Notes then outstanding shall automatically become immediately due and payable. (b) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) If any Event of Default described in Sections 11(bSection 11(a) or 11(c), (b) has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x) all accrued and unpaid interest thereon (including, but not limited to, including interest accrued thereon at the Default Rate) and (y) the Make-Whole Amount Prepayment Settlement Amount, if any, determined in respect of such principal amount (to the full extent permitted by applicable law)amount, shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Prepayment Settlement Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (aAcceleration(a) . If an Event of Default with respect to the Company described in Section 11(h) or (i) (other than an Event of Default described specified in either clause (if) or (g) of Section 11(h11 as it relates to the Company or a Significant Subsidiary) or described in clause (b) If any other Event of Default has occurred occurs and is continuing, then and in every such case the Required Holders may at any time at its or their optiondeclare the unpaid principal of, by notice or notices to the Companypremium, declare if any, and accrued and unpaid interest on, all the Bonds Notes then outstanding to be due and payable, by a notice (an "Acceleration Notice") in writing to the Company and upon such declaration such principal amount, premium, if any, and accrued and unpaid interest (i) shall become immediately due and payable. payable or (cii) If if there are any Event amounts outstanding under the Senior Bank Facilities, shall become due and payable upon the first to occur of Default described in Sections 11(b) an acceleration under the Senior Bank Facilities or 11(c), has occurred 5 business days after receipt by the Company and is continuing, any holder or holders the Representative under the Senior Bank Facilities of Bonds at the time outstanding affected by such Acceleration Notice but only if such Event of Default may at is then continuing. Upon any timesuch declaration, at its or their option, by notice or notices but subject to the Companyimmediately preceding sentence, declare all the Bonds held by it or them to such amount shall be immediately due and payable. Upon any Bonds becoming due and payable under this If an Event of Default specified in clause (f) or (g) of Section 12.111 occurs as it relates to the Company, whether automatically or by declaration, such Bonds will forthwith mature and the entire all unpaid principal amount of such Bondsof, plus (x) all and premium, if any, and accrued and unpaid interest thereon (includingon, but not limited to, interest accrued thereon at the Default Rate) Notes then outstanding will ipso facto become due and (y) payable without any declaration or other act on the Make-Whole Amount determined part of any Holder. The Holders of a majority in respect of such principal amount of the Notes then outstanding may rescind an acceleration and its consequences if (to the full extent permitted by applicable law), shall i) all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond has the right to maintain its investment in the Bonds free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds are prepaid or are accelerated as a result of an Event existing Events of Default, is intended to provide compensation for other than the deprivation non-payment of the principal of and premium, if any, and accrued and unpaid interest on the Notes which has become due solely by such right under such circumstances..declaration of acceleration, have been cured or waived and (ii) rescission would not conflict with any judgment or decree of a court of competent jurisdiction.

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company an Obligor described in Section 11(hparagraph (f), (g) or (ih) of Section 11 (other than an Event of Default described in clause (i) of Section 11(hparagraph (f) or described in clauseclause (vi) of paragraph (f) by virtue of the fact that such clause encompasses clause (i) of paragraph (f)) has occurred, all the Notes then outstanding shall automatically become immediately due and payable. (b) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their optionop­tion, by notice or notices to the Company, declare all the Bonds Notes then outstanding out­standing to be immediately due and payable. (c) If any Event of Default described in Sections 11(bparagraph (a) or 11(c), (b) of Section 11 has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y) the applicable Make-Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledgesObligors acknowledge, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company Obligors (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation com­pensation for the deprivation of such right under such circumstances...