Rights and Remedies of the Lender. Upon the occurrence of an Event of Default, the Lender may, subject to: (i) thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and (ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently: (a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived. (b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender. (c) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage in the manner, upon the conditions, and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages. (d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 4 contracts
Samples: Loan Agreement (Madison River Capital LLC), Loan Agreement (Madison River Capital LLC), Loan Agreement (Emerging Communications Inc)
Rights and Remedies of the Lender. Upon the occurrence of an Event of Default, the Lender may, subject to:
(i) thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same is shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender.
(c) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage in the manner, upon the conditions, and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 2 contracts
Samples: Loan Agreement (Madison River Capital LLC), Loan Agreement (Madison River Capital LLC)
Rights and Remedies of the Lender. Upon the occurrence of an Event of Default, the Lender may, subject to:
(i) thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to Section 8(b)) for which Borrower shall be provided five (5) days prior written notice, and Sections 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender.
(c) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage or the Pledges in the manner, upon the conditions, and with the effect provided in the MortgageMortgage or the Pledges, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 2 contracts
Samples: Loan Agreement (Horizon Personal Communications Inc), Loan Agreement (Horizon PCS Inc)
Rights and Remedies of the Lender. Upon Under the occurrence of an Event of Default, the Lender may, subject to:
(i) thirty Thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender.
(c) Pursue all rights and remedies available to the Lender lender that are contemplated by the Mortgage in the manner, upon the conditions, and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 2 contracts
Samples: Loan Agreement (Illuminet Holdings Inc), Loan Agreement (Illuminet Holdings Inc)
Rights and Remedies of the Lender. Upon the occurrence of an Event of Default, Default the Lender may, subject to:
(i) thirty (30) days days' prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b)) for which Borrower shall be provided five (5) days' prior written notice, and 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens liens in favor of the Lender.
(c) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage or the Pledge in the manner, upon the conditions, and with the effect provided in the MortgageMortgage or the Pledge, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 1 contract
Samples: Loan Agreement (Horizon Personal Communications Inc)
Rights and Remedies of the Lender. Upon the occurrence of an Event of DefaultDefault and at any time thereafter:
7.2.1 The Lender may proceed to protect and enforce its rights by suit in equity, action at law and/or other appropriate proceeding either for specific performance of any covenant, provision or condition contained in this Agreement, or in aid of the exercise of any power granted in this Agreement, and may at its option by notice to the Borrower declare all or any part of the unpaid Principal then outstanding to be forthwith due and payable, and thereupon such unpaid principal amount or part thereof, together with interest accrued thereon and all others sums, if any, payable under this Agreement, the Lender may, subject to:
(i) thirty (30) days prior written notice during which time Borrower Loan shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately so due and payable without any presentation, presentment, demand, protest or further demand or notice of any kind, all of which are hereby expressly waived., and such holder or holders may proceed to enforce payment of such amount or part thereof in such manner as it or they may elect. Notwithstanding the foregoing, upon the occurrence of an Event of Default described in Section 7.1.4, the Indebtedness shall be immediately due and payable automatically without presentment, demand, protest or notice of any kind;
7.2.2 The Lender will have the right, but not the obligation, to inform any creditor of the Borrower of any Event of Default by the Borrower;
7.2.3 Interest will accrue quarterly in arrears on the outstanding Principal at a penalty rate of Sixteen Percent (16%) per annum, compounding quarterly on the last day of each fiscal quarter of the Borrower, commencing on the occurrence of such Event of Default and terminating on the earlier of (i) the date such Event of Default is cured, or (ii) the conversion or repayment of the outstanding Principal and accrued interest;
7.2.4 The Borrower hereby waives to the extent not prohibited by applicable law which cannot be waived, (a) all presentments, demands for performance, notice of non-performance, (b) Institute any proceeding requirement of diligence or proceedings promptness on the part of any holder of the Loan or the Conversion Shares in the enforcement of its rights under this Agreement or the Loan, (c) except to the extent required by any other provision of this Agreement, any and all notices of every kind and description which may be required to be given by any statute or rule of law, and (d) any defense of any kind which it may now or hereafter have with respect to its liability under this Agreement;
7.2.5 The Lender may, without notice to the Borrower and without further action, apply any and all money owing by the Lender to the Borrower to the payment of the indebtedness owed to the Lender;
7.2.6 The Lender may exercise and enforce any and all rights and remedies available upon default to a secured party under the Obligations owed toUCC, and, in connection therewith, the Borrower will on demand assemble the Collateral and make it available to the Lender at a place to be designated by the Lender which is reasonably convenient to both parties;
7.2.7 The Lender may exercise and enforce its rights and remedies under any other agreement, document or any Liens instrument by and between the Borrower and the Lender or by the Borrower in favor of the Lender.;
(c) Pursue all rights 7.2.8 The Lender may without regard to any waste, adequacy of the security or solvency of the Borrower, apply for the appointment of a receiver of the Collateral, to which appointment the Borrower hereby consents, whether or not foreclosure proceedings have been commenced and remedies available whether or not a foreclosure sale has occurred; or
7.2.9 If the Lender sells any of the Collateral on credit, the Indebtedness will be reduced only to the extent of payments actually received. If the purchaser fails to pay for the Collateral, the Lender that are contemplated by may resell the Mortgage in the manner, upon the conditions, Collateral and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue shall apply any other rights and remedies available proceeds actually received to the Lender at law or in equityIndebtedness.
Appears in 1 contract
Samples: Secured Convertible Debenture (Reclamation Consulting & Applications Inc)
Rights and Remedies of the Lender. Upon the occurrence of an --------------------------------- Event of Default, the Lender may, subject to:
(i) thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(aA) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(bB) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender.
(cC) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage in the manner, upon the conditions, and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages.
(dD) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 1 contract