Common use of RIGHTS AND REMEDIES ON DEFAULT Clause in Contracts

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Revolving Note, under the Security Agreement, under the Term Note Intellectual Property Assignments and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note due under this Agreement and then outstanding, all interest accrued and unpaid thereon thereon, any LC Draw Obligations and all other amounts payable under this letter agreementAgreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Loans revolving loans and Letters of Credit provided for by under Facility No. 1 under this letter agreementAgreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Note hereunder and under each and any other agreement with the Bank; , and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security AgreementRevolving Note, under the Term Note Security Agreement and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement; and the Bank may also terminate all facilities provided for herein for letters of credit, ACH transactions and/or Foreign Exchange Contracts. (c) Exercise all rights and remedies hereunder, under the Revolving Note, under the Security Agreement, under the Term Note Pledge and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of ------------------------------ Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the each Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for 1999-2000 Term Loans provided for by this letter agreement, as well as terminating the within-described facility for ACH transactions. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the each Term Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of ------------------------------ Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Revolving Note, under the Security Agreement, under each of the Term Note Pledges and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank Lender hereunder or otherwise, the Bank Lender may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon thereon, and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the BankLender, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower, provided that in the event of any Event of Default as specified in Section 5.1(g), all such amounts shall become immediately due and payable automatically and without any requirement of notice from the Lender. (b) Terminate the arrangements for Term Revolving Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Revolving Note and under each and any other agreement Loan Document with the BankLender; and exercise all other rights and remedies which the Bank Lender may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence and during the continuance of any Event of Default, in addition to any other rights and remedies available to the Bank Bank, hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount amounts of the Term Note Notes then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the each Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the BorrowerBorrowers. (b) Terminate the arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Notes, and under the Security Agreement, under the Term Note Pledge, the Mortgage and under each and any other agreement with or for the benefit of the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of ------------------------------ Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount amounts of the Revolving Note and each Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, agreement and all other Indebtedness of the Borrower to the Bank, Bank to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans and term loan facility provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Revolving Note, under the Term Notes, under the Security Agreement, under the Term Note Intellectual Property Assignments and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice (other than such notices as are specifically provided for in this letter agreement) of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount amounts of the Revolving Note and the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, agreement and all other Indebtedness of the Borrower to the Bank, Bank to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements revolving financing arrangements, the Term Loan facility, the letter of credit facility and the facility for Term Loans Foreign Exchange Contracts provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Revolving Note, under the Term Note, under the Security Agreement, under the Term Note Intellectual Property Security Agreements, under the Guaranties (if any), under the Guarantors' Security Agreements (if any) and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of each of the Term Note Notes then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Pledge Agreement, under the Revolving Note, under each Term Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of ------------------------------ Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement; and the Bank may also terminate all facilities provided for herein for letters of credit, ACH transactions and/or Foreign Exchange Contracts. (c) Exercise all rights and remedies hereunder, under the Revolving Note, under the Security Agreement, under the Term Note Intellectual Property Security Agreement, under the Pledge and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence and during the continuance of any Event of Default, in addition to any other rights and remedies available to the Bank Lender hereunder or otherwise, the Bank Lender may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreementAgreement, and all other Indebtedness of the Borrower to the BankLender, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Loans provided for by this letter agreementAgreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Note Note, under the other Loan Documents, and under each and any other agreement with the BankLender; and exercise all other rights and remedies which the Bank Lender may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of DefaultDefault (continuing beyond the expiration of any applicable notice and/or grace period, if any), in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security AgreementRevolving Note, under the Term Note Security Agreements, under the Intellectual Property Security Agreements, under the Guaranties or any of same and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount amounts of the Revolving Note and the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, agreement and all other Indebtedness of the Borrower to the Bank, Bank to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Revolving Note, under the Term Note, under the Security Agreement, under the Term Note Intellectual Property Assignments and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Revolving Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon thereon, any LC Draw Obligations and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Revolving Loans and Letters of Credit provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Pledge Agreement, under the Term Revolving Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence and during the continuance of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Revolving Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the revolving financing arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Revolving Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note Notes then outstanding, all interest accrued and unpaid thereon thereon, any LC Draw Obligations and all other amounts payable under this letter agreementAgreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Revolving Loans and Letters of Credit provided for by this letter agreementAgreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Note Notes and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of ------------------------------ Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security AgreementPledge, under the Term Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.

RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default, in addition to any other rights and remedies available to the Bank hereunder or otherwise, the Bank may exercise any one or more of the following rights and remedies (all of which shall be cumulative): (a) Declare the entire unpaid principal amount of the Term Note then outstanding, all interest accrued and unpaid thereon and all other amounts payable under this letter agreement, and all other Indebtedness of the Borrower to the Bank, to be forthwith due and payable, whereupon the same shall become forthwith due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower. (b) Terminate the arrangements for Term Loans provided for by this letter agreement. (c) Exercise all rights and remedies hereunder, under the Security Agreement, under the Term Note and under each and any other agreement with the Bank; and exercise all other rights and remedies which the Bank may have under applicable law.