Repayment upon Event of Default. If any Event of Default occurs, the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages and other amounts owing in respect thereof through the date of acceleration, shall become, at the Holder’s election, immediately due and payable in cash. Commencing five (5) calendar days after the occurrence of any Event of Default that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an interest rate equal to the lesser of 20% per annum or the maximum rate permitted under applicable law. Upon the payment in full of the amount due under this Note, the Holder shall promptly surrender this Note to or as directed by the Company. In connection with such acceleration described herein, the Holder need not provide, and the Company hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Hxxxxx at any time prior to payment hereunder and the Holder shall have all rights as a holder of the Note until such time, if any, as the Holder receives full payment pursuant to this Section 6(a). No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon.
Repayment upon Event of Default. If any of the following events (hereinafter called an “Event of Default”) shall occur and shall be continuing:
Repayment upon Event of Default. Upon the occurrence of an Event of Default, unless otherwise waived in writing by the Notes Majority, any and all Indebtedness shall be immediately due and payable.
Repayment upon Event of Default. Unless otherwise specified in the relevant Pricing Supplement, the following events or circumstances (each, a “Default”) shall be acceleration events in relation to the Notes of this Series:
Repayment upon Event of Default. If all or any part of the principal amount of the Loan is prepaid upon acceleration of the Loan following the occurrence of an Event of Default, the Borrower shall be obligated to pay all amounts that would be payable in connection with a prepayment under Section 2.4.2 hereof, including all accrued and unpaid interest on the principal balance of the Notes to the date of repayment (including interest owed at the Default Rate), the IRR Amount, the Make-Whole Amount (if such repayment occurs prior to the expiration of the Lock-Out Period) all other sums then due under the Notes, this Agreement, the Pledge Agreement and the other Loan Documents, and all out-of-pocket costs and expenses of the Agent and any Lender incurred in connection with such Event of Default including reasonable attorneys’ fees and disbursements.
Repayment upon Event of Default. If all or any part of the principal amount of the Loan is prepaid upon acceleration of the Loan following the occurrence of an Event of Default, the Borrower shall be obligated to pay all amounts that would be payable in connection with a prepayment under Section 2.4.2 hereof, including all accrued and unpaid interest on the principal balance of the Note to the date of repayment (including interest owed at the Default Rate), the IRR Amount, the Make-Whole Amount (if such repayment occurs prior to the Initial Maturity Date), the Exit Fee, the Breakage Fee, all other sums then due under the Note, this Agreement, the Pledge Agreement and the other Loan Documents, and all out-of-pocket costs and expenses of the Lender incurred in connection with such Event of Default including reasonable attorneys' fees and disbursements.
Repayment upon Event of Default. Upon the occurrence of Event of Default, the Outstanding Debt shall be repaid to each Investor at its request.
Repayment upon Event of Default. Without derogating from any right and/or any other relief available to the Lender under this Agreement and/or under any law, in the occurance of any of the following events, the Lender shall be entitled, subject to its sole discretion, to demand the immediate repayment of its portion in the outstanding Loan amount, inclusive of any Interest accrued until such date, and any other outstanding amounts owed to the Lender (including Compound Interest), and the Borrower shall be obligated to pay all the said sums within seven (7) days from receipt of a written notice thereof:
3.1. The Borrower shall fail to pay any amount of Interest on a payment date and did not remedy such breach within thirty (30) days from receipt of a written notice thereof; or
3.2. FIT and/or the Borrower or any of their subsidiaries shall make a general assignment for the benefit of creditors, or admit in writing its inability to pay its debts as they mature or become due, or shall petition or apply for the appointment of a trustee or other custodian, liquidator or receiver of FIT and/or the Borrower or such subsidiary or of any substantial part of its assets or shall commence any case or other proceeding relating to its assets under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation or similar law of any jurisdiction, or shall take any corporate action to authorize or in furtherance of any of the foregoing; or any such petition or application shall be filed or any such case or other proceeding shall be commenced against FIT and/or the Borrower or any of their subsidiaries, and the same shall not have been dismissed within ninety (90) days of the filing or commencement thereof or FIT and/or the Borrower or such subsidiary shall indicate its approval thereof, consent thereto or acquiescence therein; or a decree or order shall be entered appointing any such trustee, custodian, liquidator or receiver or adjudicating FIT and/or the Borrower or such subsidiary bankrupt or insolvent, or approving a petition in any such case or other proceeding, or a decree or order for relief shall be entered in respect of FIT and/or the Borrower or such subsidiary in an involuntary case under any such bankruptcy or insolvency laws, and such decree, order, judgment, petition or other proceeding shall not have been dismissed within ninety (90) days of the filing or commencement thereof; or
3.3. FIT and/or the Borrower shall take any corporate action to liqui...
Repayment upon Event of Default. If all or any part of the principal amount of the Loan is prepaid upon acceleration of the Loan following the occurrence of an Event of Default, the Borrower shall be obligated to pay all amounts that would be payable in connection with a prepayment under Section 2.4.1 hereof, including all accrued and unpaid interest on the principal balance of the Notes to the date of repayment (including interest owed at the Default Rate), all other sums then due under the Notes, this Agreement (including any Breakage Costs, if applicable), the Mortgage and the other Loan Documents, and all out-of-pocket costs and expenses of the Agent and any Lender incurred in connection with such Event of Default including reasonable attorneys’ fees and disbursements.
Repayment upon Event of Default. Without derogating from any right and/or any other relief available to the Lender under this Agreement and/or under any law, in the occurance of any of the following events, the Lender shall be entitled, subject to its sole discretion, to demand the immediate repayment of the outstanding Loan amount, inclusive of any Interest accrued until such date, and any other outstanding amounts owed to the Lender (including Compound Interest), and the Borrower shall be obligated to pay all the said sums within seven (7) days from receipt of a written notice thereof:
3.1. The Borrower shall fail to pay any amount of Interest on a payment date and did not remedy such breach within thirty (30) days from receipt of a written notice thereof; or
