Common use of S RIGHTS UPON DEFAULT Clause in Contracts

S RIGHTS UPON DEFAULT. Should any one or more events of default occur or exist under this Note, as provided above, Lender shall have all rights and remedies reserved to Lender under the Loan and Security Agreement, and shall further have the right, at its sole option, to accelerate the maturity and insist upon immediate payment in full of the unpaid principal balance and all accrued interest and all other amounts then outstanding under this Note (including additional interest accrued on past due payments and any prepayment premium, as provided herein and under the Loan and Security Agreement), together with Lender's attorney's fees, costs, expenses and other fees and charges, as provided herein. Lender shall have the further right, again at its sole option, to accelerate the maturity and to insist upon immediate payment in full of each and every nature and kind that Borrower may then owe to Lender, whether direct or indirect or by way of assignment, and whether absolute or contingent, liquidated or unliquidated, voluntary or involuntary, determined or undetermined, secured or unsecured, whether Borrower is obligated alone or with others on a joint, several or soldiery basis, as a principal obligor or otherwise, all without further notice, demand or putting in default, unless Lender shall otherwise elect.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Kimmins Corp/De)

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S RIGHTS UPON DEFAULT. Should any one or more default events of default occur or exist under this Note, Note as provided above, . Lender shall have all rights and remedies reserved to Lender under the Loan and Security Agreement, and shall further have the right, at its Xxxxxx's sole option, to declare formally this Note to be in default and to accelerate the maturity and insist upon immediate payment in full of the unpaid principal balance and all accrued interest and all other amounts then outstanding under this Note (including additional interest Note, plus accrued on past due payments and any prepayment premium, as provided herein and under the Loan and Security Agreement)interest, together with Lender's attorney's reasonable attorneys' fees, costs, expenses and other fees and charges, charges as provided herein. Lender shall have the further right, again at its Lenders sole option, to declare formal default and to accelerate the maturity and to insist upon immediate payment in full of each and every other loan, extension of credit, debt, liability and/or obligation of every nature and kind that Borrower may then owe to Lender, whether direct or indirect or by way of assignment, and whether absolute or contingent, liquidated or unliquidated, voluntary or involuntary, determined or undetermined, secured or unsecured, whether Borrower is obligated alone or with others on an a joint, several "solidary" or soldiery "joint and several" basis, as a principal obligor or otherwise, all without further notice, demand notice or putting in defaultdemand, unless Lender shall otherwise elect.

Appears in 1 contract

Samples: Loan Agreement (Shadows Bend Development Inc)

S RIGHTS UPON DEFAULT. Should any one or more events Events of default Default as set forth in the Credit Agreement occur or exist under this Note, as provided aboveexist, Lender shall have all rights and remedies reserved to Lender under the Loan and Security Agreement, and shall further have the right, at its sole option, to declare formally this Note to be in default and to accelerate the maturity and insist upon immediate payment in full of the unpaid principal balance and all accrued interest and all other amounts then outstanding under this Note (including additional interest Note, plus accrued on past due payments and any prepayment premium, as provided herein and under the Loan and Security Agreement)interest, together with Lender's attorney's reasonable attorneys' fees, costs, expenses and other fees and charges, charges as provided herein. Lender shall have the further right, again at its sole option, to declare formal default and to accelerate the maturity and to insist upon immediate payment in full of each and every other loan, extension of credit, debt, liability and/or obligation of every nature and kind that Borrower may then owe to Lender, whether direct or indirect or by way of assignment, and whether absolute or contingent, liquidated or unliquidated, voluntary or involuntary, determined or undetermined, secured or unsecured, whether Borrower is obligated alone or with others on a joint, several "solidary" or soldiery "joint and several" basis, as a principal obligor or otherwise, all without further notice, demand notice or putting in defaultdemand, unless Lender shall otherwise elect.

Appears in 1 contract

Samples: Credit Agreement (Unifab International Inc)

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S RIGHTS UPON DEFAULT. Should any one or more default events of default occur or exist under this Note, Note as provided above, Lender shall have all rights and remedies reserved to Lender under the Loan and Security Agreement, and shall further have the right, at its Xxxxxx's sole option, to declare formally this Note to be in default and to accelerate the maturity and insist upon immediate payment in full of the unpaid principal balance and all accrued interest and all other amounts then outstanding under this Note (including additional interest Note, plus accrued on past due payments and any prepayment premium, as provided herein and under the Loan and Security Agreement)interest, together with Lender's attorney's reasonable attorneys' fees, costs, expenses and other fees and charges, charges as provided herein. Lender shall have the further right, again at its Xxxxxx's sole option, to declare formal default and to accelerate the maturity and to insist upon immediate payment in full of each and every other loan, extension of credit, debt, liability and/or obligation of every nature and kind that Borrower may then owe to Lender, whether direct or indirect or by way of assignment, and whether absolute or contingent, liquidated or unliquidated, voluntary or involuntary, determined or undetermined, secured or unsecured, whether Borrower is obligated alone or with others on a joint, several "solidary" or soldiery "joint and several" basis, as a principal obligor or otherwise, all without further notice, demand notice or putting in defaultdemand, unless Lender shall otherwise elect.

Appears in 1 contract

Samples: Promissory Note (Smith & Wollensky Restaurant Group Inc)

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