Common use of Remedies on Default Etc Clause in Contracts

Remedies on Default Etc. In case any one or more Events of Default shall occur and be continuing with respect to a Borrower, the Operations Agent and each Bank (acting in accordance with the determination of the Majority Banks) may proceed in respect of such Borrower only to protect and enforce their respective rights by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein, or for an injunction against a violation of any of the terms hereof, or in aid of the exercise of any power granted hereby or by law. In case of a default by a Borrower in the payment of any principal of or interest on any Loan, or in the payment of any fee due hereunder, such Borrower will pay to the Operations Agent and the Banks such further amount as shall be sufficient to cover the cost and expense of collection, including, without limitation, reasonable attorneys' fees, expenses and disbursements solely to the extent related to the expense of collection of the principal of and interest on the Loans, and fees payable by, such Borrower and not of any other Borrower. No course of dealing and no delay on the part of the Operations Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise prejudice the Operations Agent's or the Bank's rights. No right conferred hereby upon the Operations Agent or any Bank shall be exclusive of any other right referred to herein or now or hereafter available at law, in equity, by statute or otherwise.

Remedies on Default Etc. In case any one or more Events of Default shall occur and be continuing with respect to a Borrowercontinuing, the Operations Agent Bank may exercise all its rights under the Security Agreements and each Bank (acting in accordance with the determination of the Majority Banks) may proceed in respect of such Borrower only to protect and enforce their respective the Bank’s rights by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained herein, or in any Loan Document, or for an injunction against a violation of any of the terms hereofhereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law. In case of a default by a Borrower in the payment of any principal of or interest on any LoanNote, or in the payment of any fee due hereunder, such the Borrower will pay to the Operations Agent and the Banks Bank such further amount as shall be sufficient to cover the reasonable cost and expense of collection, including, without limitation, reasonable attorneys' ’ fees, expenses and disbursements solely to the extent related to the expense of collection of the principal of and interest on the Loans, and fees payable by, such Borrower and not of any other Borrowerdisbursements. No course of dealing and no delay on the part of the Operations Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise prejudice the Operations Agent's or the Bank's ’s rights. No right conferred hereby or by any Loan Document upon the Operations Agent or any Bank shall be exclusive of any other right referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise.

Remedies on Default Etc. In case any one or more Events of Default shall occur and be continuing with respect to a Borrowercontinuing, the Operations Agent and each Bank (acting in accordance with the determination of the Majority Banks) Lenders may proceed in respect of such Borrower only to protect and enforce their respective rights by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained hereinherein or in any Note or Security Document, or for an injunction against a violation of any of the terms hereofhereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law. In case of a default by a Borrower in the payment of any principal of or interest on any LoanNote, or in the payment of any fee due hereunder, such Borrower the Company will pay to the Operations Agent and the Banks Lenders such further amount as shall be sufficient to cover the cost and expense of collection, including, without limitation, reasonable attorneys' fees, expenses and disbursements solely to the extent related to the expense of collection of the principal of and interest on the Loans, and fees payable by, such Borrower and not of any other Borrowerdisbursements. No course of dealing and no delay on the part of the Operations Agent or any Bank the Lenders in exercising any right shall operate as a waiver thereof or otherwise prejudice the Operations Agent's rights of the Agent or the Bank's rightsLenders. No right conferred hereby or by any Note or Security Document upon the Operations Agent or any Bank Lenders shall be exclusive of any other right referred to herein or therein or now or hereafter available at law, in equity, by statute or otherwise. The application by the Agent of funds deposited into the Blocked Account after a Default or Event of Default in accordance with subsection 1.7 above shall not in any manner limit, restrict or impair the exercise by the Agent (on behalf of the Lenders) of any right or remedy available under this Agreement, any Security Documents or applicable law.

Remedies on Default Etc. In case any one or more Events of Default shall occur and be continuing with respect to a Borrowerare continuing, the Operations Agent and each Bank (acting in accordance with the determination of the Majority Banks) may shall be entitled to proceed in respect of such Borrower only to protect and enforce their respective the rights of the Banks by an action at law, suit in equity or other appropriate proceeding, whether for the specific performance of any agreement contained hereinherein or in any Revolving Loan Documents, or for an injunction against a violation of any of the terms hereofhereof or thereof, or in aid of the exercise of any power granted hereby or thereby or by law. Without limiting the generality of the foregoing, the Agent shall be entitled (i) to exercise all of the rights and remedies of a secured party under the U.C.C. with respect to the Collateral including, without limitation, those described in the Security Documents and (ii) to exercise all rights and remedies of a creditor available at law and equity with respect to the Leased Real Property. In case of a default by a Borrower in the payment of any principal of or interest on any Loanthe Notes, or in the payment of any fee or other amount due hereunder, such Borrower Borrowers will pay to the Operations Agent and the Banks such further amount as shall be sufficient to cover the cost and expense of collection, including, without limitation, reasonable attorneys' fees, including allocated cost of in-house counsel expenses and disbursements solely to the extent related to the expense of collection of the principal of and interest on the Loans, and fees payable by, such Borrower and not of any other Borrowerdisbursements. No course of dealing and no delay on the part of the Operations Banks or the Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise prejudice the Operations Agent's Agent or the any Bank's rights. No right conferred hereby by any Revolving Loan Document upon the Operations Agent or any Bank of the Banks shall be exclusive of any other right referred to herein therein or now or hereafter available at law, in equity, by statute or otherwise.