Rights in the Event of Default. Notwithstanding the foregoing, upon the occurrence of an event of Default, any non-Defaulting Party shall be entitled to exercise all rights and remedies it may have in equity or at law.
Rights in the Event of Default. 18.1 In the event that either Party shall fail with all due speed to comply with its obligations pursuant to Clauses 4.6, 5.1, 5.3, 5.10, 6.1, 6.2, 6.3, 7.1 or 9.2 the other Party on reasonable written notice (or if works are required as a matter of emergency) then immediately the other Party may engage contractors to carry out any necessary works or take such other appropriate action as the circumstances dictate.
18.2 The reasonable and proper costs incurred by the relevant Party in carrying out such works or actions shall be a debt due from the other Party and payable on demand.
Rights in the Event of Default. In the event that the Post-Change Employer defaults on its obligations under this Section 1 and fails to remedy such default within thirty (30) calendar days after having received written notice of the default from Executive or Executive's estate
Rights in the Event of Default. Upon the occurrence of an Event of Default and at any time thereafter, and in addition to the rights granted pursuant to Section 4:
(a) Secured Party may declare all obligations secured hereby immediately due and payable.
(b) Secured Party shall have the rights and remedies provided in the Texas Business and Commerce Code in force at the date of execution of this Agreement and under other applicable laws of each state having jurisdiction over the Collateral or any part thereof.
(c) In addition to the rights and remedies referred to above, Secured Party may, in its discretion, sell, assign and deliver all or any part of the Collateral at any broker's board or at public or private sale without notice or advertisement, and bid and become purchaser at any public sale or at any Broker's Board.
(d) Secured Party shall have the right to transfer legal and beneficial title to such number of shares of the Pledged Stock to Secured Party as may be necessary to satisfy the damages arising from such default. The value of a share of Pledged Stock for the purposes of this paragraph (d) only shall be equal to the average closing price for the Secured Party's Common Stock on the preceding five business days as reported on the Nasdaq National Market System.
(e) If notice to Debtor is required by the Texas Business and Commerce Code or other applicable law of public or private sale of Collateral, Secured Party may fulfill said notice requirement by giving written notice to Debtor ten (10) days prior to the date of public sale of the Collateral or prior to the date after which private sale of the Collateral will be made, by mailing such notice to Debtor at the address designated in this Agreement. Secured Party shall apply the proceeds of any disposition of Collateral available for satisfaction of Secured Indebtedness first to costs of sale or collection, then to the amount owed to Secured Party, with any balance to be held as Collateral until termination of this Agreement.
(f) Secured Party may at any time demand, sue xxx, collect or make any compromise or settlement with reference to the Collateral as Secured Party, in its sole discretion, chooses. Secured Party may delay exercising or omit to exercise any right or remedy under this Agreement without waiving that or any other past, present or future right or remedy, except in writing signed by Secured Party.
(g) Secured Party may remedy any default and may waive any default without waiving the default remedied or without wa...
Rights in the Event of Default. 15.1 Upon the occurrence of any of the Events of Default in Section 14, the DEF may, at its option:
15.1.1 immediately terminate this Contract, without penalty or further obligation, except as set forth in Section 15.2, by written notice to the RF/QF, and offset against any payment(s) due from DEF to the RF/QF, any monies otherwise due from the RF/QF to DEF;
15.1.2 enforce the provisions of the Completion/Performance Security pursuant to Section 11 and/or the Termination Security requirement pursuant to Section 12 hereof, as applicable; and
15.1.3 exercise any other remedy(ies) which may be available to DEF at law or in equity.
15.2 Termination shall not affect the liability of either Party for obligations arising prior to such termination or for damages, if any, resulting from any breach of this Contract.
Rights in the Event of Default. (a) If the Defaulting Party is not disputing that it is a Defaulting Party, the non-Defaulting Party may, without limitation to any other rights or remedies it may have:
(i) exercise those rights set forth in Articles 18, 19 and 20;
(ii) subject to Section 8(d), xxx the Defaulting Party for any Damages it suffers, sustains, pays or incurs as a direct result of the breach or breaches of the Defaulting Party which resulted the Defaulting Party being characterized as a Defaulting Party; and
(iii) in the case of Xxxxxx, exercise such rights available to it as may be set forth in the Rules and Regulations; *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(iv) in the case of Xxxxxx, if an Event of Default by USD continues for a period of ninety (90) consecutive days without being cured by USD, elect either to (A) not provide any Product transfer services under this Agreement; or (B) terminate this Agreement and the Lease Agreement.
(v) in the case of USD, terminate this Agreement and the Lease Agreement if an Event of Default by Xxxxxx continues for a period of ninety (90) consecutive days without being cured by Xxxxxx.
Rights in the Event of Default. In the event that the Post-Change Employer defaults on its obligations under this Section 1 and, fails to remedy such default within thirty (30) calendar days after having received written notice of the default from Executive or Executive's estate or "Beneficiary" (as defined in Subsection 5a of this Agreement), the Post-Change Employer shall thereupon pay or transfer to such party, in full discharge of its obligations under this Section 1, a lump sum amount representing all payments required under this Section 1, and with interest on the
Rights in the Event of Default. Upon the occurrence or existence of any Event of Default, immediately and without notice, all outstanding obligations payable by Borrower hereunder shall automatically become immediately due and payable. In addition to and not in lieu of the foregoing remedies, upon the occurrence or existence of any Event of Default, BOCO may exercise all other rights, powers or remedies granted to it under this Agreement, the Remaining Notes, or otherwise permitted to it by law (including but not limited to foreclosure of the security interest granted in the Security Agreement), either by suit in equity or by action at law, or both, all such remedies being cumulative.
Rights in the Event of Default. In the event an Event of Default shall occur Lender shall have the following rights:
11.1 Without any notice by Lender to such effect, the Note and any or all other of Borrowers’ and Obligations to Lender, together with interest thereon, shall be and become immediately due and payable without demand, presentment, protest or notice of any kind, all of which are hereby expressly waived;
11.2 All of the remedies of a secured party under the UCC, as amended from time to time, including without limitation the right and power to sell (at public or private sale), lease or otherwise operate as a going concern or dispose of, the Collateral, or any part thereof, and for that purpose Lender may take immediate and exclusive possession of the Collateral, or any part thereof, and with or without judicial process, enter upon any premises on which the Collateral, or any part thereof, may be situated and remove the same therefrom without being deemed guilty of trespass and without liability damages thereby occasioned, or at Lender’s option Borrowers shall assemble the Collateral and make it available to Lender at a place and at a time designated in writing. Lender shall be entitled to hold, maintain, preserve and prepare the Collateral for sale. Lender, without removal, may render the collateral unusable and dispose of the Collateral on the Borrowers’ premises;
11.3 The right to operate the Borrowers’ business as a going concern and to seize and utilize the Collateral to do so, and is hereby authorized to enter the Borrowers’ places of business to operate the Borrowers’ business as a going concern, without being deemed guilty of trespass and without liability damages thereby occasioned;
11.4 Any notification required by law of intended sale, lease or other disposition by or on behalf of Borrowers of any of the Collateral shall be deemed reasonably and properly given if mailed, postage prepaid, to such Borrower at such Borrower’s address shown on the first page of this Agreement, at least ten (10) calendar days before such sale, lease or other disposition. Notice sent in such manner shall be deemed received on the second business day following the day of deposit in the mails. Any proceeds of any sale, lease or other disposition by Lender to any of the Collateral may be applied by Lender to the payment of expenses in connection with the Collateral, including reasonable Costs of Collection and any balance of such proceeds may be applied by Lender toward the payment of the Obl...
Rights in the Event of Default. Upon the occurrence of any Event of ------------------------------ Default, Lender may without notice to Borrower, in its discretion, declare the outstanding principal amount of each Loan and all accrued interest thereon, to be immediately due and payable in full and all other amounts due thereunder without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived. Lender shall also have all such rights and remedies as may be available in accordance with the terms of each Loan and all applicable laws and regulations regarding such security. The occurrence of an Event of Default or the failure of any condition precedent in Section 5 hereof, Lender may at any time hereafter and while such failure of condition or Event of Default remains uncured, refuse to issue further disbursements under this Agreement until such failure of conditions or Event of Default are cured to the satisfaction of Lender.
