Common use of Rights of Investor upon Default Clause in Contracts

Rights of Investor upon Default. Subject to the terms of the Subordination Agreement: (a) Upon the occurrence of any Event of Default (other than an Event of Default described in Sections 3(e) or 3(f)) and at any time thereafter during the continuance of such Event of Default, Investor may, with the written consent of the Required Investors, 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 to the contrary notwithstanding. Upon the occurrence of any Event of Default described in Sections 3(e) and 3(f), 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 to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, Investor may, with the written consent of the Required Investors, exercise any other right, power or remedy granted to it by this Note or otherwise permitted to it by law, either by suit in equity or by action at law, or both. (b) For so long as any Event of Default exists under this Note, regardless of whether or not there has been an acceleration of the Indebtedness evidenced by this Note, and in addition to all other rights and remedies of Investor hereunder, interest shall accrue on the Note principal at the Default Interest Rate, and such accrued interest shall be immediately due and payable. The Company acknowledges that it would be extremely difficult or impracticable to determine Investor’s actual damages resulting from any late payment or Event of Default, and such late charges and accrued interest are reasonable estimates of those damages and do not constitute a penalty.

Rights of Investor upon Default. Subject to the terms of the Subordination Agreement: (a) Upon the occurrence of any Event of Default (other than an Event of Default described in Sections 3(e6(e) or 3(f6(f)) and at any time thereafter during the continuance of such Event of Default, each Investor may, with the written consent of the Required InvestorsRequisite Holders, Anson Investments Master Fund LP, a Cayman Islands limited partnership (“Anson Investments”) and Anson East Master Fund LP, a Cayman Islands exempted limited partnership (“Anson East” and together with Anson Investments, “Anson”) 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, notwithstanding anything contained herein or in the other Transaction Documents to the contrary notwithstandingcontrary. Upon the occurrence of any Event of Default described in Sections 3(e6(e) and 3(for 6(f), 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, notwithstanding anything contained herein or in the other Transaction Documents to the contrary notwithstandingcontrary. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, each Investor may, with the written consent of the Required InvestorsRequisite Holders and Anson, exercise any other right, power or remedy granted to it by this Note the Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both. (b) For so long as any Event of Default exists under this Note, regardless of whether or not there has been an acceleration of the Indebtedness evidenced by this Note, and in addition to all other rights and remedies of Investor hereunder, interest shall accrue on the Note principal at the Default Interest Rate, and such accrued interest shall be immediately due and payable. The Company acknowledges that it would be extremely difficult or impracticable to determine Investor’s actual damages resulting from any late payment or Event of Default, and such late charges and accrued interest are reasonable estimates of those damages and do not constitute a penalty.

Rights of Investor upon Default. Subject to the terms of the Subordination Agreement: (a) Upon the occurrence of any Event of Default (other than an Event of Default described in under Sections 3(e2(a) or 3(f2(b)) , and at any time thereafter during the continuance of such Event of DefaultDefault (but in call cases subject to Section 3), Investor may, with the written consent of the Required Investors, by written notice to the Company, 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 to the contrary notwithstanding. . (b) Upon the occurrence of any Event of Default described in Sections 3(e) and 3(funder Section 2(c), immediately and without noticenotice (but in all cases subject to Section 3), 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 to the contrary notwithstanding. ; provided, however, that notwithstanding the acceleration of this Note pursuant to this Section 4(b), Investor shall not take any action to enforce payment of this Note or exercise its other remedies prior to one hundred and twenty (120) days after the date of acceleration of the Senior Debt; provided, further, that such acceleration of this Note shall automatically be waived and of no further force and effect if, during such one hundred and twenty (120)-day period, such Senior Debt acceleration and the related defaults shall have been permanently waived or the Senior Debt shall have been paid in full by refinance or otherwise. (c) In addition to the foregoing remedies, and subject to Section 3, upon the occurrence and during the continuance of any Event of Default, Investor may, with the written consent of the Required Investors, may exercise any other right, power or remedy granted to it by this Note or otherwise permitted to it by law, either by suit in equity or by action at law, or both. (b) For so long as any Event of Default exists under this Note, regardless of whether or not there has been an acceleration of the Indebtedness evidenced by this Note, and in addition to all other rights and remedies of Investor hereunder, interest shall accrue on the Note principal at the Default Interest Rate, and such accrued interest shall be immediately due and payable. The Company acknowledges that it would be extremely difficult or impracticable to determine Investor’s actual damages resulting from any late payment or Event of Default, and such late charges and accrued interest are reasonable estimates of those damages and do not constitute a penalty.

Rights of Investor upon Default. Subject to the terms of the Subordination Agreement: (a) Upon the occurrence or existence of any Event of Default (other than an Event of Default described in Sections 3(e) or 3(fSection 2(a)) , and at any time thereafter during the continuance of such Event of Default, Investor may, with the written consent of the Required Investors, 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 to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Sections 3(eSection 2 (other than clause (a) and 3(fthereof), immediately and without noticeat any time thereafter during the continuance of such Event of Default, the Required Holders may by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder shall automatically become to be immediately due and payable, payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, anything contained herein to the contrary notwithstanding. In Subject to (and as limited by) the foregoing and the terms of the Security Agreement, in addition to the foregoing remediesany other remedies hereunder, upon the occurrence and during the continuance or existence of any Event of Default, Investor may, with the written consent of the Required Investors, may exercise any other right, right power or remedy granted to it by this Note or otherwise permitted to it by law, either by suit in equity or by action at law, or both. . For purposes of this Note: “Obligations” means all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company and the other Grantors to Investor or the Collateral Agent of every kind and description (b) For so long as whether or not evidenced by any Event note or instrument and whether or not for the payment of Default exists money), now existing or hereafter arising under or pursuant to the terms of this Note, regardless of the Purchase Agreement and the other Transaction Documents, including, all interest, fees, charges, expenses, attorneys’ fees and costs and accountants’ fees and costs chargeable to and payable by the Company and the other Grantors hereunder and thereunder, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not there has been an acceleration arising after the commencement of a proceeding under Title 11 of the Indebtedness evidenced by this NoteUnited States Code (11 U. S. C. Section 101 et seq.), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in addition to all other rights and remedies of Investor hereunder, interest shall accrue on the Note principal at the Default Interest Rate, and any such accrued interest shall be immediately due and payable. The Company acknowledges that it would be extremely difficult or impracticable to determine Investor’s actual damages resulting from any late payment or Event of Default, and such late charges and accrued interest are reasonable estimates of those damages and do not constitute a penaltyproceeding.

Rights of Investor upon Default. Subject to the terms of the Subordination Agreement: (a) Upon the occurrence or existence of any Event of Default (other than an Event of Default described referred to in Sections 3(e3(a) or 3(fand (f), and Section 3(c) with respect to the representations and warranties made by the Company in Section 2A of the Purchase Agreement) and at any time thereafter during the continuance of such Event of Default, Investor may, with the written consent of the Required Investors, 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 to in accordance with the contrary notwithstandingpayment schedule set forth in (ii) of the second introductory paragraph of this Note. Upon the occurrence or existence of any Event of Default described in Sections 3(e3(a) and 3(f(f), 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 to the contrary notwithstanding. In addition to the foregoing remediesremedy, upon the occurrence and during the continuance or existence of any Event of DefaultDefault and subject to the consent of a Majority in Interest, Investor may, with the written consent of the Required Investors, may exercise any other right, power or remedy granted to it by this Note the Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both. (b) For so long as any . Upon the occurrence or existence of an Event of Default exists under this Note, regardless of whether or not there has been an acceleration described in Section 3(c) with respect to the representations and warranties made by the Company in Section 2A of the Indebtedness evidenced Purchase Agreement, the Company shall cause Binzhou Broadcast and Television Information Network Co., Ltd. to enforce any and all rights, power or remedy available to it under the Asset Transfer Agreement or otherwise permitted to it by this Notelaw, either by suit in equity or action at law and in addition to all other rights seek damages for the benefit of the Holders and remedies of Investor hereunder, interest shall accrue on the Note principal at the Default Interest Rate, and such accrued interest shall be immediately due and payable. The Company acknowledges that it would be extremely difficult or impracticable to determine Investor’s actual damages resulting from any late payment or Event of Default, and such late charges and accrued interest are reasonable estimates of those damages and do not constitute a penaltyCompany.

Rights of Investor upon Default. Subject to the terms of the Subordination Agreement: (a) Upon the occurrence or existence of any Event of Default (other than an Event of Default described referred to in Sections 3(eSection 3(a) or 3(fand(f), and Section 3(c) with respect to the representations and warranties made by the Company in Section 2(m) of the Purchase Agreement) and at any time thereafter during the continuance of such Event of Default, Investor may, with the written consent of the Required Investors, 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 to in accordance with the contrary notwithstandingpayment schedule set forth in (ii) of the second introductory paragraph of this Note. Upon the occurrence of any Event of Default described in Sections 3(e3(a) and 3(f(f), 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 to the contrary notwithstanding. In addition to the foregoing remediesremedy, upon the occurrence and during the continuance or existence of any Event of Default, Investor may, with Default and subject to the written consent of the Required Investorsa Majority in Interest, an Investor may exercise any other right, power or remedy granted to it by this Note the Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both. (b) For so long as any . Upon the occurrence or existence of an Event of Default exists under this Note, regardless of whether or not there has been an acceleration described in Section 3(c) with respect to the representations and warranties made by the Company in Section 2(m) of the Indebtedness evidenced Purchase Agreement, the Company shall cause Advertising Networks Limited and its subsidiaries and affiliates to enforce any and all rights, power or remedy available to it directly or indirectly under the Yellow River Acquisition Agreements and the Kunming Acquisition Agreements or otherwise permitted to it by this Notelaw, either by suit in equity or action at law and in addition to all other rights seek damages for the benefit of the Holders and remedies of Investor hereunder, interest shall accrue on the Note principal at the Default Interest Rate, and such accrued interest shall be immediately due and payable. The Company acknowledges that it would be extremely difficult or impracticable to determine Investor’s actual damages resulting from any late payment or Event of Default, and such late charges and accrued interest are reasonable estimates of those damages and do not constitute a penaltyCompany.

Rights of Investor upon Default. Subject to the terms of the Subordination Agreement: (a) Upon the occurrence of any Event of Default (other than an Event of Default described in Sections 3(e3(b) or 3(f3(c)) and at any time thereafter during the continuance of such Event of Default, Investor may, with the written consent of the Required Investors, 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 to the contrary notwithstanding. Upon the occurrence of any Event of Default described in Sections 3(e3(b) and 3(for 3(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 to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, Investor may, with the written consent of the Required InvestorsInvestor, exercise any other right, power or remedy granted to it by this Note or otherwise permitted to it by law, either by suit in equity or by action at law, or both. (b) For so long as . Additionally, upon the occurrence of any Event of Default exists under this Note, regardless of whether or not there has been an acceleration of the Indebtedness evidenced by this Note, and in addition to all other rights and remedies of Investor hereunder, interest shall accrue on the Note principal at the Default Interest Rate, and such accrued interest shall be immediately due and payable. The Company acknowledges that it would be extremely difficult or impracticable to determine Investor’s actual damages resulting from any late payment or Event of Default, the outstanding principal balance of this Note shall bear interest (“Default Interest”) while such default exists at the lesser of: (a) eighteen percent (18%) per annum and such late charges and accrued interest are reasonable estimates of those damages and do not constitute a penalty.(b) the maximum legally permissible rate (the “Default Rate”). Monaker Group, Inc. – Convertible Promissory Note ($700,000)Effective September 18, 20202