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 and acceleration of this Debenture or any other Indebtedness of the Payors to the Payees shall have occurred, each Payee may, among other things, proceed to protect and enforce its rights by an action at law, suit in equity or other appropriate Proceeding, whether for the specific performance of any agreement contained herein or any of the other Financing Documents, or for an injunction against a violation of any of the terms hereof or thereof or in and of the exercise of any power granted hereby or thereby or by Law. No right conferred upon each Payee hereby or by the Purchase Agreement 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. Notwithstanding anything to the contrary, each Payee acknowledges and agrees that its rights, benefits and remedies and the exercise thereof are subject to the terms and provisions of the Collateral Agency and Intercreditor Agreement dated as of the date hereof among the Payee, the other Purchasers, Insight and the other parties thereto and the Subordination Letter Agreement dated as of the date hereof among SVB and the Purchasers.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Exchange Applications Inc), Debenture Agreement (Exchange Applications Inc), Securities Purchase Agreement (Insight Venture Partners Iv Lp)

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Remedies on Default Etc. In case any one or more Events of Default shall occur and be continuing and acceleration of this Debenture or any other Indebtedness of the Payors to the Payees shall have occurred, each Payee may, among other things, proceed to protect and enforce its rights by an action at law, suit in equity or other appropriate Proceeding, whether for the specific performance of any agreement contained herein or any of the other Financing Documents, or for an injunction against a violation of any of the terms hereof or thereof or in and of the exercise of any power granted hereby or thereby or by Law. No right conferred upon each Payee hereby or by the Purchase Agreement 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. Notwithstanding anything to the contrary, each Payee acknowledges and agrees that its rights, benefits and remedies and the exercise thereof are subject to the terms and provisions of the Collateral Agency and Intercreditor Agreement dated as of the date hereof among the Payee, the other Purchasers, Insight and the other parties thereto and the Subordination Letter Agreement dated as of the date hereof among SVB SVB, Insight and the Purchasersother parties thereto.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Exchange Applications Inc), Securities Purchase Agreement (Insight Venture Partners Iv Lp), Securities Purchase Agreement (Insight Venture Partners Iv Lp)

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