Common use of Remedies Upon Default or Termination Clause in Contracts

Remedies Upon Default or Termination. The Improvement Period shall expire automatically upon the earlier to occur of: (i) a further Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Default or default under this Amendment, or (ii) except as provided in a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October 31, 2002. Upon the expiration of the Improvement Period, if the Borrowers are not then in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearance, shall terminate without notice to the Borrowers and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing Defaults as set forth in the Second Amendment and in this Amendment shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Restructuring Period shall expire automatically upon the earlier to occur of: of (ia) a further an Event of Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Event of Default or default under this Amendment, or or (iib) except as provided November 30, 2001 in the absence of a further written agreement (if any) among the Borrowers, the Agent Borrower and the Required Lenders holders of the Notes pertaining to the repayment of the Borrowers' Borrower's obligations, October 31, 2002. Upon the expiration of the Improvement Period, if Restructuring Period and in the Borrowers are not absence of (i) a further written agreement among the Borrower and the holders of the Notes pertaining to the repayment of the Borrower's obligations or (ii) the Borrower then being in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders Holder(s) but without further notice, all of the Borrowers' obligations to the Lenders Notes shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders Prudential hereunder, including without limitation the AgentPrudential's and the Lenders' forbearance, shall terminate without notice to the Borrowers Borrower and without the requirement of any further action by or on behalf of the Agent or holders of the LendersNotes, the waiver of the Existing Defaults as set forth in the Second Amendment and in this Amendment herein shall be deemed rescinded ab initio, and the Agent or the Lenders Prudential shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders Prudential shall be cumulative and not exclusive, and the Agent or the Lenders Prudential shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.or

Remedies Upon Default or Termination. The Improvement Period shall expire automatically upon the earlier to occur of: (i) a further Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Default or default under this Amendment, or (ii) except as provided in a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October 31, 20022003. Upon the expiration of the Improvement Period, if the Borrowers are not then in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment, Section 5.3 of the Sixth Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearance, shall terminate without notice to the Borrowers and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing March 2003 Defaults as set forth in the Second Amendment and in this Amendment shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Restructuring Period shall expire automatically upon the earlier to occur of: of (ia) a further Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Default or default under this Amendment, or or (iib) except as provided February 28, 2002 in the absence of a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October 31, 2002. Upon the expiration of the Improvement PeriodRestructuring Period and in the absence of (i) a further written agreement among the Borrowers, if the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations or (ii) the Borrowers are not then being in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearance, shall terminate without notice to the Borrowers and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing Defaults as set forth in the Second Amendment and in this Amendment shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Restructuring Period shall expire automatically upon the earlier to occur of: of (ia) a further Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Default or default under this Amendment, or or (iib) except as provided November 30, 2001 in the absence of a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October 31, 2002. Upon the expiration of the Improvement PeriodRestructuring Period and in the absence of (i) a further written agreement among the Borrowers, if the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations or (ii) the Borrowers are not then being in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearance, shall terminate without notice to the Borrowers and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing Defaults as set forth in the Second Amendment and in this Amendment herein shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Period shall expire automatically Immediately upon the earlier to occur of: (i) occurrence of a further Event of Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Event of Default or default under this Amendmentdefault, or or on January 31, 2002 in the absence of (iii) except as provided in a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October 31, 2002. Upon the expiration (ii) earlier demand for repayment following a further Event of the Improvement Period, if Default or (iii) the Borrowers are not then being in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of defaults), the Second Amendment and Section 5.3 of this Amendment)Restructuring Period shall automatically expire and, upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearanceagreement not to exercise available remedies, shall terminate without notice to the Borrowers Company and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing Defaults as set forth in the Second Amendment and in this Amendment herein shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Period shall expire automatically upon the earlier to occur of: (i) a further Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Default or default under this Amendment, or (ii) except as provided in a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October March 31, 20022004. Upon the expiration of the Improvement Period, if the Borrowers are not then in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment, Section 5.3 of the Sixth Amendment, Section 5.3 of the Ninth Amendment, Section 5.3 of the Tenth Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearance, shall terminate without notice to the Borrowers and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing Milestone Defaults as set forth in the Second Amendment and in this Amendment shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Period shall expire automatically upon the earlier to occur of: (i) a further Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Default or default under this Amendment, or (ii) except as provided in a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October January 31, 20022003. Upon the expiration of the Improvement Period, if the Borrowers are not then in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearance, shall terminate without notice to the Borrowers and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing Defaults as set forth in the Second Amendment and in this the Sixth Amendment shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Forbearance Period shall expire automatically upon the earlier to occur of: (ia) a further Event of Default or a default under this Amendment letter agreement or any document or agreement comprising the Loan Note Documents, and without notice or an opportunity to cure such Event of Default or default under this Amendmentletter agreement, or (iib) except as provided in a further written agreement (if any) among the Borrowers, the Agent Company and the Required Lenders holders of the Notes pertaining to the repayment of the Borrowers' Company's obligations, October 31, 2002. Upon the expiration of the Improvement Forbearance Period, if the Borrowers are Company is not then in full compliance with all provisions of the Loan Note Documents (as amended by this Amendment letter agreement but without the benefit of any waiver of defaults except as expressly provided set forth in Section 5.3 of the Second Amendment and Section 5.3 of this Amendment6 hereof), upon the election of the Required Lenders Holder(s) but without further notice, all of the Borrowers' Company's obligations to the Lenders holders of the Notes shall be immediately due and payable (to the extent not already due and payable)) pursuant to paragraph 7A of the Note Agreement, all undertakings of the Agent and holders of the Lenders Notes hereunder, including without limitation the Agent's and the Lenders' forbearanceforbearance under Section 1.1 hereof, shall terminate without notice to the Borrowers Company and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver holders of the Existing Defaults as set forth in the Second Amendment and in this Amendment shall be deemed rescinded ab initioNotes, and the Agent or holders of the Lenders Notes shall have the right to exercise any remedies provided in this Amendment letter agreement or any of the Loan Note Documents, or under applicable law or in equity. All rights and remedies of the Agent and holders of the Lenders Notes shall be cumulative and not exclusive, and the Agent or holders of the Lenders Notes shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Forbearance Period shall expire automatically upon the earlier to occur of: (ia) a further Event of Default or a default under this Amendment letter agreement or any document or agreement comprising the Loan Note Documents, and without notice or an opportunity to cure such Event of Default or default under this Amendmentletter agreement, or (iib) except as provided in a further written agreement (if any) among the Borrowers, the Agent Company and the Required Lenders holders of the Notes pertaining to the repayment of the Borrowers' Company's obligations, October 31, 20022003. Upon the expiration of the Improvement Forbearance Period, if the Borrowers are Company is not then in full compliance with all provisions of the Loan Note Documents (as amended by this Amendment letter agreement but without the benefit of any waiver of defaults except as expressly provided set forth in Section 5.3 of the Second Amendment and Section 5.3 of this Amendment6 hereof), upon the election of the Required Lenders Holder(s) but without further notice, all of the Borrowers' Company's obligations to the Lenders holders of the Notes shall be immediately due and payable (to the extent not already due and payable)) pursuant to paragraph 7A of the Note Agreement, all undertakings of the Agent and holders of the Lenders Notes hereunder, including without limitation the Agent's and the Lenders' forbearanceforbearance under Section 1.1 hereof, shall terminate without notice to the Borrowers Company and without the requirement of any further action by or on behalf of the Agent or holders of the LendersNotes, the waiver of the Existing Defaults as Events of Default set forth in the Second Amendment and in this Amendment letter agreement shall be deemed rescinded rescinded, ab initio, and the Agent or holders of the Lenders Notes shall have the right to exercise any remedies provided in this Amendment letter agreement or any of the Loan Note Documents, or under applicable law or in equity. All rights and remedies of the Agent and holders of the Lenders Notes shall be cumulative and not exclusive, and the Agent or holders of the Lenders Notes shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Period shall expire automatically upon the earlier to occur of: (i) a further Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Default or default under this Amendment, or (ii) except as provided in a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October May 31, 2002. Upon the expiration of the Improvement Period, if the Borrowers are not then in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearance, shall terminate without notice to the Borrowers and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing Defaults as set forth in the Second Amendment and in this Amendment shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.

Remedies Upon Default or Termination. The Improvement Period shall expire automatically upon the earlier to occur of: (i) a further Default or a default under this Amendment or any document or agreement comprising the Loan Documents, and without notice or an opportunity to cure such Default or default under this Amendment, or (ii) except as provided in a further written agreement (if any) among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations, October January 31, 20022004. Upon the expiration of the Improvement Period, if the Borrowers are not then in full compliance with all provisions of the Loan Documents (as amended by this Amendment but without the benefit of any waiver of defaults except as expressly provided in Section 5.3 of the Second Amendment, Section 5.3 of the Sixth Amendment, Section 5.3 of the Ninth Amendment and Section 5.3 of this Amendment), upon the election of the Required Lenders but without further notice, all of the Borrowers' obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Agent and the Lenders hereunder, including without limitation the Agent's and the Lenders' forbearance, shall terminate without notice to the Borrowers and without the requirement of any further action by or on behalf of the Agent or the Lenders, the waiver of the Existing Milestone Defaults as set forth in the Second Amendment and in this Amendment shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under applicable law or in equity. All rights and remedies of the Agent and the Lenders shall be cumulative and not exclusive, and the Agent or the Lenders shall be entitled to pursue one or more rights and/or remedies simultaneously or sequentially without the necessity of an election of remedies.