Common use of Remedies Upon Default or Termination Clause in Contracts

Remedies Upon Default or Termination. The Restructuring Period shall expire automatically upon the earlier to occur of (a) 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 (b) November 30, 2001 in the absence of a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations. Upon the expiration of the Restructuring Period and in the absence of (i) a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations or (ii) the Borrowers 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 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by or on behalf of the Agent or the Lenders, the waiver of the Existing Defaults as set forth herein shall be deemed rescinded ab initio, and the Agent or the Lenders shall have the right to exercise any remedies provided in this Amendment or any of the Loan Documents, or under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 Restructuring Period shall expire automatically upon the earlier to occur of (a) 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 (b) November 30February 28, 2001 2002 in the absence of a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations. Upon the expiration of the Restructuring Period and in the absence of (i) a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations or (ii) the Borrowers 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 this the Second 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 herein in the Second 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 Restructuring Period shall expire automatically Immediately upon the earlier to occur occurrence of (a) 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 (b) November 30on September 14, 2001 in the absence of a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations. Upon the expiration of the Restructuring Period and in the absence of (i) a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations obligations, (ii) earlier demand for repayment following a further Event of Default or (iiiii) the Borrowers 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 this Amendmentdefaults), the 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 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 Restructuring Period shall expire automatically upon the earlier to occur of (a) 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 (b) November 30, 2001 in the absence of a further written agreement among the Borrowers, the Agent Borrower and the Required Lenders holders of the Notes pertaining to the repayment of the Borrowers' Borrower's obligations. Upon the expiration of the Restructuring Period and in the absence of (i) a further written agreement among the Borrowers, the Agent Borrower and the Required Lenders holders of the Notes pertaining to the repayment of the Borrowers' Borrower's obligations or (ii) the Borrowers 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 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 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 Restructuring Period shall expire automatically Immediately upon the earlier to occur occurrence of (a) 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 (b) November 30on January 31, 2001 in the absence of a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations. Upon the expiration of the Restructuring Period and 2002 in the absence of (i) a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations obligations, (ii) earlier demand for repayment following a further Event of Default or (iiiii) the Borrowers 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 this Amendmentdefaults), the 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 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 Restructuring Period shall expire automatically Immediately upon the earlier to occur occurrence of (a) a further Default under the Loan Documents or a default an Event of Default under this Amendment or any document or agreement comprising the Loan DocumentsAmendment, and without notice or an opportunity to cure such Default or default under this AmendmentEvent of Default, or (b) November 30on April 15, 2001 in the absence of a further written agreement among the Borrowers, the Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations. Upon the expiration of the Restructuring Period and 2003 in the absence of (i) a further written agreement among the BorrowersBorrower, the Administrative Agent and the Required Lenders pertaining to the repayment of the Borrowers' obligations or Borrower's obligations, (ii) earlier demand for repayment following a further Default or Event of Default or (iii) the Borrowers 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 this Amendmentdefaults), the Restructuring Period shall automatically expire and, upon the election of the Required Lenders but without further notice, all of the Borrowers' Borrower's obligations to the Lenders shall be immediately due and payable (to the extent not already due and payable), all undertakings of the Administrative Agent and the Lenders hereunder, including without limitation the Administrative Agent'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 Administrative Agent or the Lenders, the waiver of the Existing Defaults and any resulting acceleration as set forth herein shall be deemed rescinded ab initio, and the Administrative 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 Administrative Agent and the Lenders shall be cumulative and not exclusive, and the Administrative 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.