Common use of Rights of Holder upon Default Clause in Contracts

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(c) and 4(d)) and at any time thereafter during the continuance of such Event of Default, Holder may declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(c) and 4(d), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase Agreement, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(c) and 4(d)) and at any time thereafter during the continuance of such Event of Default, Holder may declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(c) and 4(d), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Paragraphs 4(c) and 4(d)Section 4(a) and at any time thereafter during the continuance of such Event of Default, Holder may may, with the consent of a Majority in Interest, by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any an Event of Default described in Paragraphs Sections 4(b) or 4(c) and 4(d), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Note Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and and, in the case of an Event of Default described in Section 4(a), subject to the provisions consent of Sections 5 and 6 of the Purchase Agreementa Majority in Interest, Holder may exercise any other right, power or remedy granted to it by this Note and the Note Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both. Notwithstanding the foregoing, if, on the date that is six (6) months from an Event of Default described in Section 4(a), and provided such Event of Default is continuing at such time, a Majority in Interest has not exercised any or all of its rights hereunder, Holder may seek to exercise any or all rights it may have at such time without seeking the consent of a Majority in Interest.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cSections 3(d) and 4(d)3(e) hereof) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to Company, declare all outstanding Obligations obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 3(d) and 4(d)3(e) hereof, immediately and without notice, all outstanding Obligations obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any arty Event of Default (other than an Event of Default Default, referred to in Paragraphs 4(cSections 4(e) and 4(d4(f)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to Company, declare all outstanding Obligations obligations payable by Company hereunder under this Note to be [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase License Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 4(e) and 4(d4(f), immediately and without notice, all outstanding Obligations payable by Company hereunder under this Note shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase License Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by this Note or the Purchase License Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Paragraphs 4(c) and 4(d)Section 2(a) and at any time thereafter during the continuance of such Event of Default, Holder may may, with the written consent of a Majority in Interest of Holders, by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSection 2(d) and 4(dor 2(e), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence and during the continuance of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may may, with the written consent of a Majority in Interest of Holders, exercise any other right, power or remedy granted to it by the Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Paragraphs 4(cSections 2(b) and 4(dor 2(c)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Financing Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 2(b) and 4(dor 2(c), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Financing Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence and during the continuance of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement Financing Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cunder Sections 6(c) and 4(dor 6(d)) and at any time thereafter during the continuance of such Event of Default, Holder may the Lender may, by written notice to the Borrower, declare all outstanding Obligations amounts payable by Company hereunder the Borrower under this Agreement to be immediately due and payable without presentment, demand, protest protest, notice of intent to accelerate, or any other notice of any kind, all of which are hereby expressly waived. Upon the occurrence or existence of any Event of Default described in Sections 6(c) or 6(d) hereof, immediately and without notice, all outstanding amounts payable by the Borrower under this Agreement and the Bridge Loan Notes shall automatically become immediately due and payable, without presentment, demand, protest, notice of intent to accelerate, or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(c) and 4(d), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to Default, the provisions of Sections 5 and 6 of the Purchase Agreement, Holder Lender may exercise any other right, power or remedy granted permitted to it by the Purchase Agreement UCC, or otherwise permitted to it by law, either by suit available at law or in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cSections 7(f) and 4(d7(g)) and at any time thereafter during the continuance of such Event of Default, Holder may the Holders may, by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 7(f) and 4(d7(g), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to Default, the provisions of Sections 5 and 6 of the Purchase Agreement, Holder Holders may exercise any other right, power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Paragraphs 4(c) and 4(d)Section 7.5 or Section 7.6) and at any time thereafter during the continuance of such Event of Default, Holder may may, with the written consent of the Requisite Noteholders, by written notice to the Company, declare all outstanding Obligations amounts under this Note payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(c) and 4(d)Section 7.5 or Section 7.6, immediately and without notice, all outstanding Obligations amounts under this Note payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence and during the continuance of any Event of Default and subject to Default, the provisions of Sections 5 and 6 Holder may, with the written consent of the Purchase AgreementRequisite Noteholders, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cSections 2(c) and 4(d)2(d) hereof) and at any time thereafter during the continuance of such Event of Default, the Holder may declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 2(c) and 4(d)2(d) hereof, immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to Default, the provisions of Sections 5 and 6 of the Purchase Agreement, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs Sections 4(b) or 4(c) and 4(d)) and at any time thereafter during the continuance of such Event of Default, Holder may following the applicable cure or grace period, the Holder, may, by written notice to the Company, declare all outstanding Obligations payable by Company Outstanding Amounts hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs Sections 4(b) or 4(c) and 4(d), immediately and without notice, all outstanding Obligations Outstanding Amounts payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default Default, and subject to following the provisions of Sections 5 and 6 of the Purchase Agreementapplicable cure or grace period, Holder may exercise any other right, right power or remedy granted to it by the Purchase Agreement this Note or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon (a) Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cSection 4(f) and 4(d)or 4(g) of this Note) and at any time thereafter during the continuance of such Event of Default, Holder holders of a majority of the outstanding principal amount of the Notes may declare all outstanding Obligations payable by the Company hereunder under this Note to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein in this Note or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 4(f) and 4(d)or 4(g) of this Note, immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein in this Note or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to Default, the provisions of Sections 5 and 6 of the Purchase Agreement, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by lawLaw, either by suit in equity or by action at lawLaw, or both. (b) Notwithstanding anything to the contrary contained in this Note, in addition to the rights of the Holder specified in subsection (a) of this Section 5, on the date an Event of Default under this Note occurs, the interest rate on this Note shall increase, from that date forward, to the Default Interest Rate, which interest shall be compounded quarterly and payable solely in lawful money of the United States of America.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence ----------------------------- of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cSections 5(a) and 4(dor 5(g)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to Company, declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 5(a) and 4(d5(g), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Paragraphs 4(c) and 4(d)Section 5(c) and at any time thereafter during the continuance of such Event of Default, Holder may by written notice to Company, declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Note Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(c) and 4(dSection 5(c), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, right power or remedy granted to it by this Note or the Note Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon (a) Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cSection 5(f) and 4(d)or 5(g) of this Note) and at any time thereafter during the continuance of such Event of Default, Holder holders of a majority of the outstanding principal amount of the Notes may declare all outstanding Obligations payable by the Company hereunder under this Note to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein in this Note or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 5(f) and 4(d)or 5(g) of this Note, immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein in this Note or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to Default, the provisions of Sections 5 and 6 of the Purchase Agreement, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by lawLaw, either by suit in equity or by action at lawLaw, or both. (b) Notwithstanding anything to the contrary contained in this Note, in addition to the rights of the Holder specified in subsection (a) of this Section 6, on the date an Event of Default under this Note occurs, the interest rate on this Note shall increase, from that date forward, to the Default Interest Rate, which interest shall be compounded quarterly and payable solely in lawful money of the United States of America.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase AgreementSection 5, (a) upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(c) Sections 7.10 and 4(d)7.11) and at any time thereafter during thereafter, the continuance of such Event of DefaultHolder may, Holder may by written notice to the Borrower, declare all outstanding Obligations payable by Company the Borrower hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon ; (b) upon the occurrence or existence of any Event of Default described in Paragraphs 4(c) Sections 7.10 and 4(d)7.11, immediately and without notice, all outstanding Obligations payable by Company the Borrower hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In ; and (c) in addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to Default, the provisions of Sections 5 and 6 of the Purchase Agreement, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Paragraphs 4(cparagraphs (e) and 4(d)or (f) involving bankruptcy) and at any time thereafter during the continuance of such Event of Default, Holder may may, with the consent of a Majority in Interest of the holders of the Notes issued under the Bridge Loan Agreement, by written notice to Maker, declare all outstanding Obligations obligations payable by Company Maker hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cparagraphs (e) and 4(d)or (f) involving bankruptcy, immediately and without notice, all outstanding Obligations obligations payable by Company Maker hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, right power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence ----------------------------- of any Event of Default described in Section 6(a), (other than an Event of Default referred to in Paragraphs 4(c) and 4(db), or (c) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to Company, declare all outstanding Obligations principal of, and unpaid interest accrued to date on, this Note payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 6(d) and 4(d(e), immediately and without notice, all outstanding Obligations principal of, and unpaid interest accrued to date on, this Note payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Paragraphs 4(cSections 4(f) and 4(dor 4(g)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to the Borrowers, declare all outstanding Obligations Indebtedness payable by Company the Borrowers hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 4(f) and 4(dor 4(g), immediately and without notice, all outstanding Obligations payable by Company the Borrowers hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence and during the continuance of any Event of Default and subject to Default, the provisions of Sections 5 and 6 of the Purchase AgreementHolder may, Holder may exercise any other right, right power or remedy granted to it by herein, under the Purchase Agreement other Loan Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Paragraphs 4(cparagraphs (e) and 4(d)or (f) involving bankruptcy) and at any time thereafter during the continuance of such Event of Default, Holder may by written notice to Maker, declare all outstanding Obligations obligations payable by Company Maker hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cparagraphs (e) and 4(d)or (f) involving bankruptcy, immediately and without notice, all outstanding Obligations obligations payable by Company Maker hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, right power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cSection 3(b) and 4(dor 3(c)) and at any time thereafter during the continuance of such Event of DefaultDefault Holder may, Holder may with the written consent of a Majority in Interest of the holders of the Notes issued in the Private Offering, by written notice to Company, declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSection 3(b) and 4(dor 3(c), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, right power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default Default, referred to in Paragraphs 4(cSections 6(c) and 4(d6(d)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to Company, declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 6(c) and 4(d6(d), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, right power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(c) and 4(d)) and at any time thereafter during the continuance of such Event of Default, Holder may declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(c) and 4(d), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of ----------------------------- any Event of Default (other than an Event of Default Default, referred to in Paragraphs 4(cSections 4(e) and 4(d4(f)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to Company, declare all outstanding Obligations obligations payable by Company hereunder under this Note to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase License Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 4(e) and 4(d4(f), immediately and without notice, all outstanding Obligations payable by Company hereunder under this Note shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase License Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement this Note or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(csubsections 6(e) and 4(d6(f)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to Company, declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(csubsections 6(e) and 4(d6(f), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both. Notwithstanding the foregoing, in the event all outstanding Obligations payable by Company hereunder are declared to be due and payable, the amount of such Obligations shall be reduced to their then present value using a discount rate of 9.0% per annum and discounted based on the stated maturity of such Obligations in years 11 through 15.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of ----------------------------- any Event of Default (other than an Event of Default Default, referred to in Paragraphs 4(cSections 6(d) and 4(d)6(e) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to Company, declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 6(d) and 4(d6(e), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, right power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon (a) Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Paragraphs 4(cSection 4(f) and 4(d)or 4(g) of this Note) and at any time thereafter during the continuance of such Event of Default, Holder holders of a majority of the outstanding principal amount of the Senior Secured Note(s) may declare all outstanding Obligations payable by the Company hereunder under this Note to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein in this Note or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 4(f) and 4(d)or 4(g) of this Note, immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein in this Note or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to Default, the provisions of Sections 5 and 6 of the Purchase Agreement, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by lawLaw, either by suit in equity or by action at lawLaw, or both. (b) Notwithstanding anything to the contrary contained in this Note, in addition to the rights of the Holder specified in subsection (a) of this Section 5, on the date an Event of Default under this Note occurs, the interest rate on this Note shall increase, from that date forward, to the Default Interest Rate, which interest shall be compounded quarterly and payable solely in lawful money of the United States of America.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase AgreementSection 7 hereof, upon the occurrence or existence of any Event of Default (other than an Event of Default Default, referred to in Paragraphs 4(cSections 5(b) and 4(dor 5(c)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Stock Purchase Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 5(b) and 4(dor 5(c), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Stock Purchase Agreement to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, power or remedy granted to it by the Purchase Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Holder upon Default. Subject to the provisions set forth in Sections 5 and 6 of the Purchase Agreement, upon Upon the occurrence or existence of any Event of Default (other than an Event of Default Default, referred to in Paragraphs 4(cSections 6(e) and 4(d6(f)) and at any time thereafter during the continuance of such Event of Default, Holder may may, by written notice to the Company, declare all outstanding Obligations payable by Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Paragraphs 4(cSections 6(e) and 4(d6(f), immediately and without notice, all outstanding Obligations payable by Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein or in the Purchase Agreement other Transaction Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default and subject to the provisions of Sections 5 and 6 of the Purchase AgreementDefault, Holder may exercise any other right, right power or remedy granted to it by the Purchase Agreement Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.