Common use of Rights of Lender Upon Default Clause in Contracts

Rights of Lender Upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Sections 6.1(f) and 6.1(g)) and at any time thereafter during the continuance of such Event of Default, Lender may, by written notice to Borrower, declare all outstanding Obligations payable by 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 to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Sections 6.1(f) and 6.1(g), immediately and without notice, all outstanding Obligations payable by 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 to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default, Lender may exercise any other right, power or remedy granted to it by the Merger Documents, including the Loan Documents, or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Appears in 2 contracts

Samples: Loan Agreement (Palm Inc), Loan Agreement (Handspring Inc)

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Rights of Lender Upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Sections 6.1(f2(d) and 6.1(gor 2(e)) and at any time thereafter during the continuance of such Event of Default, Lender may, by written notice to Borrowerthe Company, declare all outstanding Obligations payable by Borrower 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 other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Sections 6.1(f2(d) and 6.1(g2(e), immediately and without notice, all outstanding Obligations payable by Borrower 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 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, Lender may exercise any other right, right power or remedy granted to it by the Merger Documents, including the Loan Documents, Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Appears in 2 contracts

Samples: Promissory Note (MultiVir Inc.), Promissory Note (MultiVir Inc.)

Rights of Lender Upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Sections 6.1(f) for which notice has been provided and 6.1(g)) no timely cure made, and at any time thereafter during the continuance of such Event of Default, Lender may, by written notice to Borrower, declare all outstanding Obligations payable by 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 Notes to the contrary notwithstanding. Upon the occurrence or existence of any uncured Event of Default described in Sections 6.1(f) and 6.1(g)Section 8.1, immediately and without further notice, all outstanding Obligations payable by 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 Notes to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default, Lender may exercise any other right, power or remedy granted to it by the Merger Documents, including the Loan Documents, or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Appears in 2 contracts

Samples: Loan Assumption and Forbearance Agreement (Jackpot Enterprises Inc), Loan Assumption and Forbearance Agreement (Jackpot Enterprises Inc)

Rights of Lender Upon Default. Upon the occurrence or existence of ----------------------------- any Event of Default (other than an Event of Default referred to in Sections 6.1(f) 10.1.6 and 6.1(g)10.1.7) and at any time thereafter during the continuance of such Event of Default, Lender may, by written notice to Borrower, declare all outstanding Obligations payable by Borrower hereunder (including a Make-Whole Premium) 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 Notes to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Sections 6.1(f) 10.1.6 and 6.1(g)10.1.7, immediately and without notice, all outstanding Obligations payable by Borrower hereunder (including a Make-Whole Premium) 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 Notes to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default, Lender may exercise any other right, power or remedy granted to it by the Merger Documents, including the Loan Documents, or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Appears in 1 contract

Samples: Loan and Security Agreement (Onvia Com Inc)

Rights of Lender Upon Default. Upon the occurrence or existence ----------------------------- of any Event of Default (other than an Event of Default referred to in Sections 6.1(f) 10.1.6 and 6.1(g)10.1.7) and at any time thereafter during the continuance of such Event of Default, Lender may, by written notice to Borrower, declare all outstanding Obligations payable by 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 Notes to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Sections 6.1(f) 10.1.6 and 6.1(g)10.1.7, immediately and without notice, all outstanding Obligations payable by 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 Notes to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default, Lender may exercise any other right, power or remedy granted to it by the Merger Documents, including the Loan Documents, or otherwise permitted to it by law, either by suit in equity or by action at law, or bothnotwithstanding .

Appears in 1 contract

Samples: Loan and Security Agreement (Loudeye Technologies Inc)

Rights of Lender Upon Default. Upon the occurrence or and during the existence of any Event of Default (other than an Event of Default referred to in Sections 6.1(f7.01(e) and 6.1(g7.01(f)) and at any time thereafter during the continuance of such Event of Default, Lender may, by written notice to Borrower, declare all outstanding Obligations payable by 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 to the contrary notwithstanding. Upon the occurrence or existence and during the continuance of any Event of Default described in Sections 6.1(f7.01(e) and 6.1(g7.01(f), immediately and without notice, all outstanding Obligations payable by 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 to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default, Lender may exercise any other right, power or remedy granted to it by the Merger Documents, including the Loan Documents, or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Appears in 1 contract

Samples: Loan and Security Agreement (FaceBank Group, Inc.)

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Rights of Lender Upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Sections 6.1(fSection 4(e) and 6.1(gor 4(f)) and at any time thereafter during the continuance of such Event of Default, Lender may, with the written consent of Black, Inc. as lead lender (the “Lead Lender”), by written notice to Borrowerthe Company, declare all outstanding Obligations obligations payable by Borrower 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 other Transaction Documents to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Sections 6.1(fSection 4(e) and 6.1(gor 4(f), immediately and without notice, all outstanding Obligations obligations payable by Borrower 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 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, Lender may may, with the written consent of the Lead Lender, exercise any other right, power or remedy granted to it by the Merger Documents, including the Loan Documents, Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Universal Security Instruments Inc)

Rights of Lender Upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to described in Sections 6.1(f2(e) and 6.1(gor 2(f)) and at any time thereafter during the continuance of such Event of Default, Lender may, may by written notice to Borrowerthe Company, declare all outstanding Obligations payable by Borrower 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 Security Agreement to the contrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Sections 6.1(f2(e) and 6.1(g2(f), immediately and without notice, all outstanding Obligations payable by Borrower 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 Security 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, Lender may exercise any other right, right power or remedy granted to it by the Merger Documents, including the Loan Documents, Security Agreement or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Appears in 1 contract

Samples: Secured Promissory Note (Thermage Inc)

Rights of Lender Upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default referred to in Sections 6.1(f) for which notice has been provided and 6.1(g)) no timely cure made, and at any time thereafter during the continuance of such Event of Default, Lender may, by written notice to BorrowerBorrower or Excalibur, as the case may be, declare all outstanding Obligations payable by Borrower or Excalibur, as the case may be, 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 other Operative Documents to the contrary notwithstanding. Upon the occurrence or existence of any uncured Event of Default described in Sections 6.1(f) and 6.1(g)Section 9.1, immediately and without further notice, all outstanding Obligations payable by Borrower or Excalibur, as the case may be, 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 other Operative Documents to the contrary notwithstanding. In addition to the foregoing remedies, upon the occurrence or existence of any Event of Default, Lender may exercise any other right, power or remedy granted to it by the Merger Documents, including the Loan Documents, or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Appears in 1 contract

Samples: Loan Assumption and Forbearance Agreement (J Net Enterprises Inc)

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