Rights of Lessor Upon Lease Event of Default. 9.3.1 If a Lease Event of Default shall occur and be continuing, then the Lessor may proceed by appropriate court action or actions, either at law or in equity, to enforce performance by any Lessee of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 (Measure of Damages). 9.3.2 If any Lease Event of Default set forth in Sub-Clauses 9.1.1, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have the right to serve notice on the other parties hereto, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of all or a portion of the Lease Vehicles leased hereunder by such Lessee, (b) to take possession of all or a portion of the Lease Vehicles leased by any Lessee hereunder and (c) to peaceably enter upon the premises of any Lessee or other premises where Lease Vehicles may be located and take possession of all or a portion of the Lease Vehicles and thenceforth hold, possess and enjoy the same free from any right of any Lessee, or its successors or assigns, and to use such Lease Vehicles for any purpose whatsoever and (ii) the Lessees, at the request of the Lessor or the Spanish Security Trustee acting on the instructions of the Required Noteholders, shall return or cause to be returned all Lease Vehicles to the Lessor or the Spanish Security Trustee as the case may be. 9.3.3 Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity or in bankruptcy and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; provided, however, that the measure of damages recoverable against such Lessee will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages). All such powers and remedies will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any Lessee will not otherwise alter or affect the Lessor’s rights or the obligations hereunder of such Lessee. The Lessor’s acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s rights hereunder with respect to any subsequent payments or defaults therein.
Appears in 2 contracts
Samples: Master Lease and Servicing Agreement, Master Lease and Servicing Agreement (Hertz Corp)
Rights of Lessor Upon Lease Event of Default. 9.3.1 If a -------------------------------------------- Lease Event of Default shall occur and be continuing, then the Lessor may at its option may:
(i) proceed by appropriate court action or actions, either at law or in equity, to enforce performance by any the Lessee of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 Section 15.4; or ------------
(Measure of Damages).
9.3.2 If any Lease Event of Default set forth ii) by notice in Sub-Clauses 9.1.1writing to the Lessee, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have terminate this Agreement in its entirety and/or the right to serve notice on the other parties hereto, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of the Lessee as to the Vehicles, and the Lessor may direct delivery by the Lessee of documents of title to the Vehicles whereupon all or a portion rights and interests of the Lease Lessee to the Vehicles leased hereunder by (except as otherwise provided herein) will cease and terminate (but the Lessee will remain liable for its obligations as herein provided, such Lessee, (b) to take possession of all obligations calculated in accordance with Section 15.4); and ------------ thereupon the Lessor or a portion of the Lease Vehicles leased by any Lessee hereunder and (c) to its agents may peaceably enter upon the premises of any the Lessee or other premises where Lease such Vehicles may be located and take possession of all or a portion of the Lease Vehicles them and thenceforth hold, possess and enjoy the same free from any right of any the Lessee, or its successors or assigns, and to use employ such Lease Vehicles for any purpose whatsoever consistent with the mitigation of losses and (ii) the Lesseesdamages, at the request of and the Lessor or will, nevertheless, have a right to recover from the Spanish Security Trustee acting on Lessee any and all amounts which under the instructions terms of the Required Noteholders, shall return or cause Section 15.2 (as limited by Section 15.4) of this Agreement may be then ------------ ------------ due;
(iii) take actions reasonably necessary to be returned all Lease Vehicles correct such default with respect to the subject Vehicles including the execution of UCC financing statements with respect to general intangibles, if any, and the completion of Vehicle Perfection and Documentation Requirements; or
(iv) by notice in writing to the Lessee, the Lessor or may terminate the Spanish Security Trustee as the case may be.
9.3.3 power of attorney granted pursuant to Section 12.2. ------------ Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity or in bankruptcy bankruptcy, and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; provided, however, that the measure of damages recoverable against such the Lessee -------- ------- will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages)Section 15.4 hereof. All such ------------ powers and remedies will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any the Lessee will not otherwise alter or affect the Lessor’s 's rights or the obligations hereunder of such the Lessee. The Lessor’s 's acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s 's rights hereunder with respect to any subsequent payments or defaults therein.
Appears in 1 contract
Samples: Master Motor Vehicle Lease Agreement (Ryder TRS Inc)
Rights of Lessor Upon Lease Event of Default. 9.3.1 If a Lease Event of Default shall occur and be continuing, then the Lessor may proceed by appropriate court action or actions, either at law or in equity, to enforce performance by any Lessee of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 (Measure of Damages).
9.3.2 If any Lease Event of Default set forth in Sub-Clauses Clause 9.1.1, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have the right to serve notice on the other parties hereto, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of all or a portion of the Lease Vehicles leased hereunder by such Lessee, (b) to take possession of all or a portion of the Lease Vehicles leased by any Lessee hereunder and (c) to peaceably enter upon the premises of any Lessee or other premises where Lease Vehicles may be located and take possession of all or a portion of the Lease Vehicles and thenceforth hold, possess and enjoy the same free from any right of any Lessee, or its successors or assigns, and to use such Lease Vehicles for any purpose whatsoever and (ii) the Lessees, at the request of the Lessor or the Spanish Security Trustee acting on the instructions of the Required NoteholdersLessor, shall return or cause to be returned all Lease Vehicles to the Lessor or the Spanish French Security Trustee as the case may be.
9.3.3 Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity law or in bankruptcy and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; provided, however, that the measure of damages recoverable against such Lessee will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages). All such powers and remedies will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any Lessee will not otherwise alter or affect the Lessor’s rights or the obligations hereunder of such Lessee. The Lessor’s acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s rights hereunder with respect to any subsequent payments or defaults therein.
9.3.4 In addition, following the occurrence of an Lease Event of Default, the Lessor shall have all of the rights, remedies, powers, privileges and claims vis-à-vis each Lessee, necessary or desirable to allow the French Security Trustee to exercise the rights, remedies, power, privileges and claims given to the French Security Trustee pursuant to Sub-Clause 11.2 (Rights of the French Security Trustee upon Amortization Event or Certain Other Events of Default) of the French Facility Agreement, and each Lessee acknowledges that it has hereby granted to the Lessor all such rights, remedies, powers, privileges and claims granted by the Lessor to the French Security Trustee pursuant to Clause 11 (Amortization Events and Remedies) of the French Facility Agreement and that the French Security Trustee may act in lieu of the Lessor in the exercise of all such rights, remedies, powers, privileges and claims.
Appears in 1 contract
Samples: Master Lease and Servicing Agreement
Rights of Lessor Upon Lease Event of Default. 9.3.1 If a Lease Event of Default shall occur and be continuing, then the Lessor may proceed by appropriate court action or actions, either at actions available to it under German law or in equity, to enforce performance by any Lessee of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 (Measure of Damages).
9.3.2 If any Lease Event of Default set forth in Sub-Clauses Clause 9.1.1, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have the right to serve notice on the other parties heretohereto whereby any Lessee’s leases hereunder of all or a portion of the Lease Vehicles leased hereunder by such Lessee are terminated, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of all or a portion of the Lease Vehicles leased hereunder by such Lessee, (b) to take possession of all or a portion of the Lease Vehicles leased by any Lessee hereunder the lease of which has been so terminated and (cb) to peaceably enter upon the premises of any Lessee or other premises where Lease Vehicles may be located and take possession of all or a portion of the Lease Vehicles and thenceforth hold, possess and enjoy the same free from any right of any Lessee, or its successors or assigns, and to use such Lease Vehicles for any purpose whatsoever and (ii) the Lessees, at the request of the Lessor or the Spanish German Security Trustee acting on the instructions Instructions of the Required Noteholders, shall return or cause to be returned all Lease Vehicles to the Lessor or the Spanish German Security Trustee as the case may be.
9.3.3 Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity or in bankruptcy available to it under German law and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; provided, however, that the measure of damages recoverable against such Lessee will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages). All such powers and remedies will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any Lessee will not otherwise alter or affect the Lessor’s rights or the obligations hereunder of such Lessee. The Lessor’s acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s rights hereunder with respect to any subsequent payments or defaults therein.
Appears in 1 contract
Rights of Lessor Upon Lease Event of Default. 9.3.1 If a Lease Event of Default shall occur and be continuingoccur, then the Lessor may proceed at its option may:
(i) Proceed by appropriate court action or actions, either at law or in equity, to enforce performance by any Lessee the Lessees of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 Section 17.4; or
(Measure ii) Subject to the rights of Damages).
9.3.2 If any Lease Event of Default set forth the Franchisees under the Subleases, by notice in Sub-Clauses 9.1.1writing to each Lessee, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have terminate this Agreement in its entirety and/or the right to serve notice on the other parties hereto, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of the Lessees as to the Vehicles, and the Lessor may direct delivery by the Lessees of documents of title to the Vehicles, whereupon all or a portion rights and interests of the Lease Lessees to the Vehicles leased (except as otherwise provided herein) will cease and terminate (but the Lessees will remain liable hereunder by such Lesseeas herein provided, (b) calculated in accordance with Section 17.4); and thereupon, the Lessor or its agents may, subject in each case to take possession of all or a portion the rights of the Lease Vehicles leased by any Lessee hereunder and (c) to Franchisees under the applicable Subleases, peaceably enter upon the premises of any Lessee the Lessees or other premises where Lease the Vehicles may be located and take possession of all or a portion of the Lease Vehicles them and thenceforth hold, possess and enjoy the same free from any right of any Lesseethe Lessees, or its their successors or assignsassigns (other than the Franchisees), and to use such Lease employ the Vehicles for any purpose whatsoever consistent with the mitigation of losses and damages, and the Lessor will, nevertheless, have a right to recover from the Lessees any and all amounts which under the terms of Section 17.2 (iias limited by Section 17.4) of this Agreement may be then due. The Lessor will provide the Lesseesapplicable Lessee with written notice of the place and time of any sale of Financed Vehicles pursuant to this Section 17.3 at least five (5) days prior to the proposed sale, which shall be deemed commercially reasonable, and such Lessee may purchase the Vehicle(s) at the request of the Lessor or the Spanish Security Trustee acting on the instructions of the Required Noteholders, shall return or cause to be returned all Lease Vehicles to the Lessor or the Spanish Security Trustee as the case may be.
9.3.3 sale. Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity or in bankruptcy and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; provided, however, that the measure of damages recoverable against such a Lessee will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages)Section 17.4. All such powers and remedies will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any a Lessee will not otherwise alter or affect the Lessor’s 's rights or the obligations hereunder of such Lessee. The Lessor’s 's acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s 's rights hereunder with respect to any subsequent payments or defaults therein; or
(iii) By notice in writing to a Lessee, terminate the Power of Attorney of such Lessee.
Appears in 1 contract
Samples: Master Motor Vehicle Lease and Servicing Agreement (Dollar Thrifty Automotive Group Inc)
Rights of Lessor Upon Lease Event of Default. 9.3.1 If a -------------------------------------------- Lease Event of Default shall occur and be continuingoccur, then the Lessor may at its option may:
(i) proceed by appropriate court action or actions, either at law or in equity, to enforce performance by any the Lessee of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 Section 15.4; or ------------
(Measure of Damages).
9.3.2 If any Lease Event of Default set forth ii) by notice in Sub-Clauses 9.1.1writing to the Lessee, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have terminate this Agreement in its entirety and/or the right to serve notice on the other parties hereto, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of the Lessee as to the Vehicles, whereupon all or a portion rights and interests of the Lease Lessee to the Vehicles leased (except as otherwise provided herein) will cease and terminate (but the Lessee will remain liable hereunder by such Lesseeas herein provided, (b) to take possession of all calculated in accordance with Section 15.4); and thereupon the Lessor or a portion of the Lease Vehicles leased by any Lessee hereunder and (c) to its agents ------------ may peaceably enter upon the premises of any the Lessee or other premises where Lease such Vehicles may be located and take possession of all or a portion of the Lease Vehicles them and thenceforth hold, possess and enjoy the same free from any right of any the Lessee, or its successors or assigns, and to use employ such Lease Vehicles for any purpose whatsoever consistent with the mitigation of losses and (ii) the Lesseesdamages, at the request of and the Lessor or will, nevertheless, have a right to recover from the Spanish Security Trustee acting on Lessee any and all amounts which under the instructions terms of the Required Noteholders, shall return or cause to Section 15.2 (as limited by Section 15.4) of this ------------ ------------ Agreement may be returned all Lease Vehicles to the Lessor or the Spanish Security Trustee as the case may be.
9.3.3 then due. Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity or in bankruptcy and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; provided, however, that the -------- ------- measure of damages recoverable against such the Lessee will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages)Section 15.4. All such powers and remedies ------------ will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any the Lessee will not otherwise alter or affect the Lessor’s 's rights or the obligations hereunder of such the Lessee. The Lessor’s 's acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s 's rights hereunder with respect to any subsequent payments or defaults therein; or
(iii) Upon a default in the performance (after giving effect to any grace periods provided herein) by the Lessee of its obligations under Section 21.2 hereof with respect to certain Vehicles, the Lessor shall have ------------ the right to take actions reasonably necessary to correct such default with respect to the subject Vehicles.
Appears in 1 contract
Samples: Master Motor Vehicle Lease Agreement (Ryder TRS Inc)
Rights of Lessor Upon Lease Event of Default. 9.3.1 If a Lease Event of Default shall occur and be continuingoccur, then the Lessor may proceed at its option may:
(i) Proceed by appropriate court action or actions, either at law or in equity, to enforce performance by any the Lessee of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 Section 17.4; or
(Measure ii) Subject to the rights of Damages).
9.3.2 If any Lease Event of Default set forth the Franchisees under the Subleases, by notice in Sub-Clauses 9.1.1writing to the Lessee, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have terminate this Agreement in its entirety and/or the right to serve notice on the other parties hereto, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of the Lessee as to the Vehicles, and the Lessor may direct delivery by the Lessee of documents of title to the Vehicles, whereupon all or a portion rights and interests of the Lease Lessee to the Vehicles leased (except as otherwise provided herein) will cease and terminate (but the Lessee will remain liable hereunder by such Lesseeas herein provided, (b) calculated in accordance with Section 17.4); and thereupon, the Lessor or its agents may, subject in each case to take possession of all or a portion the rights of the Lease Vehicles leased by any Lessee hereunder and (c) to Franchisees under the applicable Subleases, peaceably enter upon the premises of any the Lessee or other premises where Lease the Vehicles may be located and take possession of all or a portion of the Lease Vehicles them and thenceforth hold, possess and enjoy the same free from any right of any the Lessee, or its their successors or assignsassigns (other than the Franchisees), and to use such Lease employ the Vehicles for any purpose whatsoever consistent with the mitigation of losses and damages, and the Lessor will, nevertheless, have a right to recover from the Lessee any and all amounts which under the terms of Section 17.2 (iias limited by Section 17.4) of this Agreement may be then due. The Lessor will provide the LesseesLessee with written notice of the place and time of any sale of Financed Vehicles pursuant to this Section 17.3 at least five (5) days prior to the proposed sale, which shall be deemed commercially reasonable, and the Lessee may purchase the Vehicle(s) at the request of the Lessor or the Spanish Security Trustee acting on the instructions of the Required Noteholders, shall return or cause to be returned all Lease Vehicles to the Lessor or the Spanish Security Trustee as the case may be.
9.3.3 sale. Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity or in bankruptcy and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; provided, however, that the measure of damages recoverable against such the Lessee will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages)Section 17.4. All such powers and remedies will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any the Lessee will not otherwise alter or affect the Lessor’s 's rights or the obligations hereunder of such the Lessee. The Lessor’s 's acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s 's rights hereunder with respect to any subsequent payments or defaults therein; or
(iii) By notice in writing to the Lessee, terminate the Power of Attorney.
Appears in 1 contract
Samples: Master Motor Vehicle Lease and Servicing Agreement (Dollar Thrifty Automotive Group Inc)
Rights of Lessor Upon Lease Event of Default. 9.3.1 If a Lease Event of Default shall occur and be continuing, then the Lessor may proceed by appropriate court action or actions, either at actions available to it under Dutch law or in equity, to enforce performance by any Lessee of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 (Measure of Damages).
9.3.2 If any Lease Event of Default set forth in Sub-Clauses Clause 9.1.1, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have the right to serve notice on the other parties hereto, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of all or a portion of the Lease Vehicles leased hereunder by such Lessee, (b) to take possession of all or a portion of the Lease Vehicles leased by any Lessee hereunder and hereunder, (c) to peaceably enter upon the premises of any Lessee or other premises where Lease Vehicles may be located and take possession of all or a portion of the Lease Vehicles and thenceforth hold, possess and enjoy the same free from any right of any Lessee, or its successors or assigns, and to use such Lease Vehicles for any purpose whatsoever and (d) to direct delivery by the Servicer of the ascription codes (tenaamstellingscode) for all or a portion of the Lease Vehicles and (ii) the Lessees, at the request of the Lessor or the Spanish Dutch Security Trustee acting on the instructions Instructions of the Required Noteholders, shall return or cause to be returned all Lease Vehicles to the Lessor or the Spanish Dutch Security Trustee Trustee, as the case may be.
9.3.3 Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity or in bankruptcy available to it under Dutch law and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; , provided, however, that the measure of damages recoverable against such Lessee will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages). All such powers and remedies will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; , provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any Lessee will not otherwise alter or affect the Lessor’s rights or the obligations hereunder of such Lessee. The Lessor’s acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s rights hereunder with respect to any subsequent payments or defaults therein.
Appears in 1 contract
Samples: Dutch Master Lease and Servicing Agreement (Hertz Corp)
Rights of Lessor Upon Lease Event of Default. 9.3.1 If a Lease Event of Default shall occur and be continuing, then the Lessor may proceed by appropriate court action or actions, either at law or in equity, to enforce performance by any Lessee of the applicable covenants and terms of this Agreement or to recover damages for the breach hereof calculated in accordance with Sub-Clause 9.5 (Measure of Damages).
9.3.2 If any Lease Event of Default set forth in Sub-Clauses Clause 9.1.1, 9.1.2, 9.1.5, 9.1.6 or 9.1.8 (Events of Default) shall occur and be continuing, then (i) the Lessor shall have the right to serve notice on the other parties hereto, a “Master Lease Termination Notice”, and following service of such notice shall have the right to (a) to terminate any Lessee’s rights of use and possession hereunder of all or a portion of the Lease Vehicles leased hereunder by such Lessee, (b) to take possession of all or a portion of the Lease Vehicles leased by any Lessee hereunder and (c) to peaceably enter upon the premises of any Lessee or other premises where Lease Vehicles may be located and take possession of all or a portion of the Lease Vehicles and thenceforth hold, possess and enjoy the same free from any right of any Lessee, or its successors or assigns, and to use such Lease Vehicles for any purpose whatsoever and (ii) the Lessees, at the request of the Lessor or the Spanish Security Trustee acting on the instructions of the Required NoteholdersLessor, shall return or cause to be returned all Lease Vehicles to the Lessor or the Spanish French Security Trustee as the case may be.
9.3.3 Each and every power and remedy hereby specifically given to the Lessor will be in addition to every other power and remedy hereby specifically given or now or hereafter existing at law, in equity law or in bankruptcy and each and every power and remedy may be exercised from time to time and simultaneously and as often and in such order as may be deemed expedient by the Lessor; provided, however, that the measure of damages recoverable against such Lessee will in any case be calculated in accordance with Sub-Clause 9.5 (Measure of Damages). All such powers and remedies will be cumulative, and the exercise of one will not be deemed a waiver of the right to exercise any other or others. No delay or omission of the Lessor in the exercise of any such power or remedy and no renewal or extension of any payments due hereunder will impair any such power or remedy or will be construed to be a waiver of any default or any acquiescence therein; provided that, for the avoidance of doubt, any exercise of any such right or power shall remain subject to each condition expressly specified in any Related Document with respect to such exercise. Any extension of time for payment hereunder or other indulgence duly granted to any Lessee will not otherwise alter or affect the Lessor’s rights or the obligations hereunder of such Lessee. The Lessor’s acceptance of any payment after it will have become due hereunder will not be deemed to alter or affect the Lessor’s rights hereunder with respect to any subsequent payments or defaults therein.
9.3.4 In addition, following the occurrence of an Lease Event of Default, the Lessor shall have all of the rights, remedies, powers, privileges and claims vis-à-vis each Lessee, necessary or desirable to allow the French Security Trustee to exercise the rights, remedies, power, privileges and claims given to the French Security Trustee pursuant to Sub-Clause 11.2 (
Appears in 1 contract
Samples: French Master Lease and Servicing Agreement (Hertz Corp)