Common use of Remedies Upon Subscriber Default Clause in Contracts

Remedies Upon Subscriber Default. In the event that a Subscriber fails to pay all or any portion of the purchase price due from such Subscriber on any Drawdown Date and such default remains uncured for a period of ten (10) days, the Company shall be permitted to declare such Subscriber to be in default of its obligations under this Subscription Agreement (any such Subscriber, a “Defaulting Shareholder”) and shall be permitted to pursue one or any combination of the following remedies: (a) The Company may prohibit the Defaulting Shareholder from purchasing additional Shares on any future Drawdown Date; (b) The Company may cause such Defaulting Shareholder to transfer its Shares to a third party for a readily available price, which may be less than the net asset value of such Shares. (c) The Company may pursue any other remedies against the Defaulting Shareholder available to the Company, subject to applicable law or in equity. (d) Issue an additional capital drawdown to non-Defaulting Shareholders, subject to the Limited Exclusion Right, to make up such shortfall, provided that in no event shall Subscriber be required to fund capital drawdowns in excess of its Unfunded Capital Commitment.

Remedies Upon Subscriber Default. In the event that a Subscriber fails to pay all or any portion of the purchase price due from such Subscriber on any Drawdown Date and such default remains uncured for a period of ten (10) daysBusiness Days, the Company shall be permitted to declare such Subscriber to be in default of its obligations under this Subscription Agreement (any such Subscriber, a “Defaulting Shareholder”) and shall be permitted to pursue one or any combination of the following remedies: (a) The Company may prohibit the Defaulting Shareholder from purchasing additional Shares on any future Drawdown Date; (b) The Company may cause such Defaulting Shareholder to transfer its Shares to a third party for a readily available price, which may be less than the net asset value of such Shares. (c) The Company may pursue any other remedies against the Defaulting Shareholder available to the Company, subject to applicable law or in equitylaw. (d) Issue an additional capital drawdown to non-Defaulting Shareholders, subject to the Limited Exclusion Right, to make up such shortfall, provided that in no event shall Subscriber be required to fund capital drawdowns in excess of its Unfunded Capital Commitment.

Remedies Upon Subscriber Default. In the event that a Subscriber fails to pay all or any portion of the purchase price due from such Subscriber on any Drawdown Date and such default remains uncured for a period of ten (10) daysBusiness Days, the Company shall be permitted to declare such Subscriber to be in default of its obligations under this Subscription Agreement (any such Subscriber, a “Defaulting ShareholderStockholder”) and shall be permitted to pursue one or any combination of the following remedies: (a) The Company may prohibit the Defaulting Shareholder Stockholder from purchasing additional Shares on any future Drawdown Date; (b) The Company may cause such Defaulting Shareholder Stockholder to transfer its Shares to a third party for a readily available price, which may be less than the net asset value of such Shares. (c) The Company may pursue any other remedies against the Defaulting Shareholder Stockholder available to the Company, subject to applicable law or in equitylaw. (d) Issue an additional capital drawdown to non-Defaulting ShareholdersStockholders, subject to the Limited Exclusion Right, to make up such shortfall, provided that in no event shall Subscriber be required to fund capital drawdowns in excess of its Unfunded Capital Commitment.

Remedies Upon Subscriber Default. In the event that a Subscriber fails to pay all or any portion of the purchase price due from such Subscriber on any Drawdown Date and such default remains uncured for a period of ten (10) daysBusiness Days, the Company shall be permitted to declare such Subscriber to be in default of its obligations under this Subscription Agreement (any such Subscriber, a “Defaulting ShareholderStockholder”) and shall be permitted to pursue one or any combination of the following remedies:: ​ (a) The Company may prohibit the Defaulting Shareholder Stockholder from purchasing additional Shares on any future Drawdown Date; (b) The Company may cause such Defaulting Shareholder Stockholder to transfer its Shares to a third party for a readily available price, which may be less than the net asset value of such Shares.. ​ (c) The Company may pursue any other remedies against the Defaulting Shareholder Stockholder available to the Company, subject to applicable law or in equitylaw. (d) Issue an additional capital drawdown to non-Defaulting ShareholdersStockholders, subject to the Limited Exclusion Right, to make up such shortfall, provided that in no event shall Subscriber be required to fund capital drawdowns in excess of its Unfunded Capital Commitment.. ​

Remedies Upon Subscriber Default. In the event that a Subscriber fails to pay all or any portion of the purchase price due from such Subscriber on any Drawdown Date and such default remains uncured for a period of ten (10) daysBusiness Days, the Company Fund shall be permitted to declare such Subscriber to be in default of its obligations under this Subscription Agreement (any such Subscriber, a “Defaulting Shareholder”) and shall be permitted to pursue one or any combination of the following remedies: (a) The Company Fund may prohibit the Defaulting Shareholder from purchasing additional Shares on any future Drawdown Date; (b) The Company Fund may cause such Defaulting Shareholder to transfer its Shares to a third party for a readily available price, which may be less than the net asset value of such Shares. (c) The Company Fund may pursue any other remedies against the Defaulting Shareholder available to the CompanyFund, subject to applicable law or in equitylaw. (d) Issue an additional capital drawdown to non-Defaulting Shareholders, subject to the Limited Exclusion Right, to make up such shortfall, provided that in no event shall Subscriber be required to fund capital drawdowns in excess of its Unfunded Capital Commitment.

Remedies Upon Subscriber Default. In the event that a the Subscriber fails to pay all or any portion of the purchase price Drawdown Purchase Price due from such the Subscriber on any Drawdown Date and such the default remains uncured for a period of ten (10) daysBusiness Days, the Company Fund shall be permitted to declare such the Subscriber to be in default of its obligations under this Subscription Agreement (any such Subscriber, a “Defaulting Shareholder”) and shall be permitted to pursue one or any combination of the following remedies: (a) The Company Fund may prohibit the Defaulting Shareholder from purchasing additional Shares on any future Drawdown Date; (b) The Company Fund may cause such the Defaulting Shareholder to transfer its Shares to a third party for a readily available price, which may be less than the net asset value of such Shares. (c) The Company Fund may pursue any other remedies against the Defaulting Shareholder available to the CompanyFund, subject to applicable law or in equitylaw. (d) Issue an additional capital drawdown to non-Defaulting Shareholders, subject to the Limited Exclusion Right, to make up such shortfall, provided that in no event shall Subscriber be required to fund capital drawdowns in excess of its Unfunded Capital Commitment.