Rights of the Company. Upon the occurrence of a Default, the --------------------- Company may, at its option, do any one or more of the following: (a) declare all indebtedness of Pledgor to Company to be immediately due and payable, whereupon all unpaid principal and interest under the Note will become and be immediately due and payable; (b) exercise any and all of the rights and remedies of a secured party as provided for by law; (c) proceed by an action or actions at law or in equity to recover the obligations secured hereby or to foreclose under the terms of this Agreement and the Note and sell the collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction; (d) proceed immediately to have any or all of the Pledged Stock registered in the Company's name or in the name of a nominee; (e) enforce one or more remedies hereunder, successively or concurrently; and (f) proceed immediately to dispose of and realize upon the Pledged Stock, or any part thereof, and in connection therewith, sell or otherwise dispose of and deliver the Pledged Stock, or any part thereof, in one or more parcels at public or private sale or sales, at any exchange, broker's board or at any of the Company's offices or elsewhere, at such prices and on such terms as the Company may deem best, for cash or on credit, or for future delivery without assumption of any credit risk, with the right of the Company or any purchaser to purchase at any such sale either the whole or any part of the Pledged Stock (in connection with any such sale or disposition, the Company need not give more than thirty (30) calendar days notice of the time and place of any public sale or of the time after which a private sale may take place, which notice to Pledgor hereby acknowledges to be reasonable).
Appears in 6 contracts
Samples: Employment Agreement (Daou Systems Inc), Restricted Stock Purchase Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc)
Rights of the Company. Upon the occurrence of a Default, --------------------- the --------------------- Company may, at its option, do any one or more of the following: (a) declare all indebtedness of Pledgor to Company to be immediately due and payable, whereupon all unpaid principal and interest under the Note will become and be immediately due and payable; (b) exercise any and all of the rights and remedies of a secured party as provided for by law; (c) proceed by an action or actions at law or in equity to recover the obligations secured hereby or to foreclose under the terms of this Agreement and the Note and sell the collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction; (d) proceed immediately to have any or all of the Pledged Stock registered in the Company's name or in the name of a nominee; (e) enforce one or more remedies hereunder, successively or concurrently; and (f) proceed immediately to dispose of and realize upon the Pledged Stock, or any part thereof, and in connection therewith, sell or otherwise dispose of and deliver the Pledged Stock, or any part thereof, in one or more parcels at public or private sale or sales, at any exchange, broker's board or at any of the Company's offices or elsewhere, at such prices and on such terms as the Company may deem best, for cash or on credit, or for future delivery without assumption of any credit risk, with the right of the Company or any purchaser to purchase at any such sale either the whole or any part of the Pledged Stock (in connection with any such sale or disposition, the Company need not give more than thirty (30) calendar days notice of the time and place of any public sale or of the time after which a private sale may take place, which notice to Pledgor hereby acknowledges to be reasonable).
Appears in 3 contracts
Samples: Restricted Stock Purchase Agreement (Daou Systems Inc), Restricted Stock Purchase Agreement (Daou Systems Inc), Employment Agreement (Daou Systems Inc)
Rights of the Company. Upon the occurrence of a Default, the --------------------- Company may, at its option, do any one or more of the following: (a) declare In the event of:-
(1) the Individual failing to liquidate all indebtedness futures positions upon the termination of Pledgor to Company to be immediately due and payable, whereupon all unpaid principal and interest under the Note will become and be immediately due and payable; (b) exercise any and all this Agreement by either of the parties hereto; or
(2) the Individual failing to meet any margin requirement or fulfil any of his obligations under this Agreement; or
(3) the Company deeming it desirable for its or the Individual’s protection including but not limited to an instance where a petition for bankruptcy or the appointment of a receiver is filed by or against the Individual, or an attachment is levied against the Individual’s account(s) or any of the Individual’s properties or in the event of notice of the Individual’s death or incapacity, then without prejudice to the other rights and remedies of a secured party as provided for by law; the Company, the Company may in its discretion and without notice to the Individual:
(ci) proceed by an action or actions at law or in equity to recover the obligations secured hereby or to foreclose under the terms of this Agreement and the Note and sell the collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction; (d) proceed immediately to have liquidate any or all of the Pledged Stock registered Individual’s positions at the Individual’s sole risk;
(ii) hedge and/or offset some or any of the Individual’s positions at the Individual’s sole risk;
(iii) take and convert any deposits which the Individual may have with the Company;
(iv) call upon any collateral security, which may have been issued or furnished to the Company to secure the Individual’s account(s);
(v) combine, consolidate and set-off all the Individual’s account(s); and
(vi) sell, dispose or realise in any manner the Company deems fit anything including all property belonging to or deposited by the Individual and in the Company's name ’s possession or held by the Company and apply the proceeds thereof to extinguish or diminish the Individual’s obligations towards the Company, including the payment of interest, commission and other costs and expenses.
(b) Any action referred to in Clause 8(a) may be taken without demand for margin or additional margin, notice of sale or purchase, or other notice and any such actions including sales or purchases may be made at the Company’s absolute discretion on any exchange or market where such business is then usually or ordinarily transacted.
(c) The Individual hereby undertakes to repay to the Company upon demand any deficiency remaining in the name of a nominee; (eIndividual’s accounts after the action referred to in Clause 8(a) enforce one or more remedies hereunder, successively or concurrently; and (f) proceed immediately shall have been taken. In the event that the Company shall in its discretion decide not to dispose of and realize upon the Pledged Stock, or any part thereof, and in connection therewith, sell or otherwise dispose of and deliver the Pledged Stock, or any part thereof, in one or more parcels at public or private sale or sales, at any exchange, broker's board or at take any of the Company's offices or elsewhere, at such prices and on such terms as actions referred to in Clause 8(a) the Company may deem best, for cash or on credit, or for future delivery without assumption shall be entitled to demand the immediate repayment of any credit risk, with all amounts owing to it.
(d) The Company shall have the right from time to time to impose limits and other restrictions including position limits on the Individual’s trading accounts and the Individual shall strictly comply with such limits and restrictions. The Company shall be entitled to refuse to qualify such trades/contracts of the Company Individual as shall have exceeded the limits or any purchaser to purchase at any such sale either restrictions imposed by the whole or any part of the Pledged Stock (in connection with any such sale or disposition, the Company need not give more than thirty (30) calendar days notice of the time and place of any public sale or of the time after which a private sale may take place, which notice to Pledgor hereby acknowledges to be reasonable)Company.
Appears in 1 contract
Samples: Clearing Member Agreement
Rights of the Company. Upon the occurrence of a Default, the --------------------- Company may, at --------------------- its option, do any one or more of the following: (a) declare all indebtedness of Pledgor to Company to be immediately due and payable, whereupon all unpaid principal and interest under the Note will become and be immediately due and payable; (b) exercise any and all of the rights and remedies of a secured party as provided for by law; (c) proceed by an action or actions at law or in equity to recover the obligations secured hereby or to foreclose under the terms of this Agreement and the Note and sell the collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction; (d) proceed immediately to have any or all of the Pledged Stock registered in the Company's name or in the name of a nominee; (e) enforce one or more remedies hereunder, successively or concurrently; and (f) proceed immediately to dispose of and realize upon the Pledged Stock, or any part thereof, and in connection therewith, sell or otherwise dispose of and deliver the Pledged Stock, or any part thereof, in one or more parcels at public or private sale or sales, at any exchange, broker's board or at any of the Company's offices or elsewhere, at such prices and on such terms as the Company may deem best, for cash or on credit, or for future delivery without assumption of any credit risk, with the right of the Company or any purchaser to purchase at any such sale either the whole or any part of the Pledged Stock (in connection with any such sale or disposition, the Company need not give more than thirty (30) calendar days notice of the time and place of any public sale or of the time after which a private sale may take place, which notice to Pledgor hereby acknowledges to be reasonable).
Appears in 1 contract
Rights of the Company. Upon the occurrence of a Default, the --------------------- Company may, at its option, do any one or more of the following: (a) declare In the event of:-
(1) the Individual failing to liquidate all indebtedness futures positions upon the termination of Pledgor to Company to be immediately due and payable, whereupon all unpaid principal and interest under the Note will become and be immediately due and payable; (b) exercise any and all this Agreement by either of the parties hereto; or
(2) the Individual failing to meet any margin requirement or fulfil any of his obligations under this Agreement; Or
(3) the Company deeming it desirable for its or the Individual’s protection including but not limited to an instance where a petition for bankruptcy or the appointment of a receiver is filed by or against the Individual, or an attachment is levied against the Individual’s account(s) or any of the Individual’s properties or in the event of notice of the Individual’s death or incapacity, then without prejudice to the other rights and remedies of a secured party as provided for by law; the Company, the Company may in its discretion and without notice to the Individual:
(ci) proceed by an action or actions at law or in equity to recover the obligations secured hereby or to foreclose under the terms of this Agreement and the Note and sell the collateral, or any portion thereof, pursuant to a judgment or decree of a court or courts of competent jurisdiction; (d) proceed immediately to have liquidate any or all of the Pledged Stock registered Individual’s positions at the Individual’s sole risk;
(ii) hedge and/or offset some or any of the Individual’s positions at the Individual’s sole risk;
(iii) take and convert any deposits which the Individual may have with the Company;
(iv) call upon any collateral security which may have been issued or furnished to the Company to secure the Individual’s account(s);
(v) combine, consolidate and set-off all the Individual’s account(s); and
(vi) sell, dispose or realise in any manner the Company deems fit anything including all property belonging to or deposited by the Individual and in the Company's name ’s possession or held by the Company and apply the proceeds thereof to extinguish or diminish the Individual’s obligations towards the Company, including the payment of interest, commission and other costs and expenses.
(b) Any action referred to in Clause 8(a) may be taken without demand for margin or additional margin, notice of sale or purchase, or other notice and any such actions including sales or purchases may be made at the Company’s absolute discretion on any exchange or market where such business is then usually or ordinarily transacted.
(c) The Individual hereby undertakes to repay to the Company upon demand any deficiency remaining in the name of a nominee; (eIndividual’s accounts after the action referred to in Clause 8(a) enforce one or more remedies hereunder, successively or concurrently; and (f) proceed immediately shall have been taken. In the event that the Company shall in its discretion decide not to dispose of and realize upon the Pledged Stock, or any part thereof, and in connection therewith, sell or otherwise dispose of and deliver the Pledged Stock, or any part thereof, in one or more parcels at public or private sale or sales, at any exchange, broker's board or at take any of the Company's offices or elsewhere, at such prices and on such terms as actions referred to in Clause 8(a) the Company may deem best, for cash or on credit, or for future delivery without assumption shall be entitled to demand the immediate repayment of any credit risk, with all amounts owing to it.
(d) The Company shall have the right from time to time to impose limits and other restrictions including position limits on the Individual’s trading accounts and the Individual shall strictly comply with such limits and restrictions. The Company shall be entitled to refuse to qualify such trades/contracts of the Company Individual as shall have exceeded the limits or any purchaser to purchase at any such sale either restrictions imposed by the whole or any part of the Pledged Stock (in connection with any such sale or disposition, the Company need not give more than thirty (30) calendar days notice of the time and place of any public sale or of the time after which a private sale may take place, which notice to Pledgor hereby acknowledges to be reasonable)Company.
Appears in 1 contract
Samples: Clearing Agreement