Section Remedies. The Company will be entitled, if it elects, to enjoin any breach or threatened breach of, or enforce the specific performance of, the obligations of the Executive under Sections 3 or 6, without showing any actual damage or that monetary damages would be inadequate. Any such equitable remedy will not be the sole and exclusive remedy for any such breach, and the Company may pursue other remedies for such a breach. Any court proceeding to enforce this Agreement may be commenced in federal courts, or in the absence of federal jurisdiction the state courts, located in Omaha, Nebraska. The parties submit to the jurisdiction of such courts and waive any objection which they may have to pursuit of any such proceeding in any such court. Except to the extent that the Company elects to seek injunctive relief in accordance with subsection 9 (a), any controversy or claim arising out of or relating to this Agreement or the validity, interpretation, enforceability or breach of this Agreement will be submitted to arbitration in Omaha, Nebraska, in accordance with the then existing rules of the American Arbitration Association, and judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction.
Section Remedies. If any Event of Default shall have occurred and be continuing, Administrative Agent may exercise in respect of the Pledged Collateral in addition to all other rights and remedies provided for herein or otherwise available to it, all the rights and remedies which it may have as a secured party on default under the Uniform Commercial Code as in effect in any relevant jurisdiction (the "CODE") (whether or not the Code applies to the affected Pledged Collateral) or under any other applicable laws, whether of the United States or of any state thereof or of any foreign jurisdiction, and Administrative Agent may also in its sole discretion, without notice except as specified below, sell such Pledged Collateral or any part thereof in one or more parcels at public or private sale, at any exchange or broker's board or at any of Administrative Agent's offices or elsewhere, for cash, on credit or for future delivery, at such time or times and at such price or prices and upon such other terms as Administrative Agent may deem commercially reasonable, irrespective of the impact of any such sales on the market price of such Pledged Collateral. Administrative Agent or any Lender or Lender Counterparty may be the purchaser of any or all of such Pledged Collateral at any such sale and Administrative Agent, as agent for and representative of Lenders and Lender Counterparties (but not any Lender or Lenders or Lender Counterparties in its or their respective individual capacities unless Requisite Obligees (as defined in Section 14(a)) shall otherwise agree in writing), shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of such Pledged Collateral sold at any such public sale, to use and apply any of the Secured Obligations then owing to it as a credit on account of the purchase price for such Pledged Collateral payable by Administrative Agent at such sale. Each purchaser at any such sale shall hold the property sold absolutely free from any claim or right on the part of Pledgor, and Pledgor hereby waives (to the extent permitted by applicable law) all rights of redemption, stay and/or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Pledgor agrees that, to the extent notice of sale shall be required by law, at least ten days' notice to Pledgor of the time and place of any public sale or the time after which any private sale ...
Section Remedies. Upon the occurrence of any Event of Default and at any time thereafter so long as the same shall be continuing, the Lessor may, at its option, by notice to the Lessee, declare this Lease to be in default; provided, that upon the occurrence of an Event of Default described in Section 13.1(e) or (f), this Lease shall automatically be in default without notice thereof to the Lessee, Zenith or the Guarantor, and at any time thereafter the Lessor may do one or more of the following with respect to each Item of Equipment as the Lessor in its sole discretion shall elect, to the full extent permitted by Applicable Law:
Section Remedies. Upon the occurrence and during the continuation of an Amortization Event, the Agent may, or upon the direction of the Required Financial Institutions shall, take any of the following actions: (i) replace the Person then acting as Servicer if such Amortization Event arises from the actions of the Servicer, (ii) declare the Amortization Date to have occurred, whereupon the Amortization Date shall forthwith occur, without demand, protest or further notice of any kind, all of which are hereby expressly waived by Seller; provided, however, that upon the occurrence of Amortization Event described in Section 9.1(e), or of an actual or deemed entry of an order for relief with respect to Seller or the Servicer (so long as any Affiliate of KNEI is the Servicer) under the Federal Bankruptcy Code, the Amortization Date shall automatically occur, without demand, protest or any notice of any kind, all of which are hereby expressly waived by Seller, (iii) to the fullest extent permitted by applicable law, declare that the Default Fee shall accrue with respect to any of the Aggregate Unpaids outstanding at such time, (iv) deliver the Collection Notices to the Collection Banks, and (v) notify Obligors of the Purchasers' interest in the Receivables. The aforementioned rights and remedies shall be in addition to all other rights and remedies of the Agent and the Purchasers available under this Agreement, by operation of law, at equity or otherwise, all of which are hereby expressly preserved, including, without limitation, all rights and remedies provided under the UCC, all of which rights shall be cumulative.
Section Remedies. If any Event of Default shall have occurred and be continuing:
Section Remedies. Upon the occurrence and during the continuation of an Amortization Event, Buyer may take any of the following actions: (i) declare the Amortization Date to have occurred, whereupon the Amortization Date shall forthwith occur, without demand, protest or further notice of any kind, all of which are hereby expressly waived by such Originator; provided, however, that upon the occurrence of Amortization Event described in Section 6.1(d), or of an actual or deemed entry of an order for relief with respect to such Originator under the Federal Bankruptcy Code, the Amortization Date shall automatically occur, without demand, protest or any notice of any kind, all of which are hereby expressly waived by such Originator and (ii) to the fullest extent permitted by applicable law, declare that the Default Fee shall accrue with respect to any amounts then due and owing by Buyer to such Originator. The aforementioned rights and remedies shall be in addition to all other rights and remedies of Buyer and its assigns available under this Agreement, by operation of law, at equity or otherwise, all of which are hereby expressly preserved, including, without limitation, all rights and remedies provided under the UCC, all of which rights shall be cumulative. c. 2. ARTICLE INDEMNIFICATION
Section Remedies. If any Event of Default shall occur and be continuing, Agent may and, if directed by the Required Lenders, Agent shall do any one or more of the following:
Section Remedies. If any Event of Default shall occur and be continuing, the Administrative Agent may or, upon request of the Required Lenders, shall by notice to the Borrower, do any or all of the following: (a) declare the Revolving Credit Commitments to be terminated, whereupon the same shall forthwith terminate; (b) declare the outstanding principal of the Notes, all interest thereon and all other amounts payable under this Agreement or the Notes to be forthwith due and payable, whereupon the Notes, all such interest and all such amounts shall become and be forthwith due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived by the Borrower (provided that, in the case of an Event of Default referred to in Section 10.1(e) as to the Borrower, the Revolving Credit Commitments shall be immediately terminated, and the Notes, all interest thereon and all other amounts payable under this Agreement shall be immediately due and payable without any notice and without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Borrower); and
Section Remedies. Upon the occurrence of any Event of Default set forth in subsections (a)-(k) of Section 12.1 and during the continuance thereof and in addition to any other rights under the Notes or the L/C Reimbursement Agreements, the waiver of existing defaults set forth in Section 4.1 hereof as to the Borrower only shall automatically terminate (all without action of any kind on the part of the Lead Bank or the Lenders), and the Lead Bank, upon the direction of the Lenders (which direction the Lenders may or may not give in each such instance and at such time(s) as they determine in their sole and absolute discretion), shall (i)
Section Remedies. If any Event of Default specified in Section 10.1 hereof shall have occurred and be continuing, the Majority Lenders may declare all Notes to be forthwith due and payable, whereupon all such Notes shall become and be due and payable, without presentment, demand, protest or further notice of any kind, all of which are expressly waived by the Borrower; provided, however, that, upon the occurrence of an Event of Default specified in Section 10.1(f), (g) or (h) hereof, such Notes shall automatically become due and payable, without declaration, notice or demand by any Lender.
