TERMINATION; REMEDIES FOR PRE-CLOSING DEFAULTS Sample Clauses

TERMINATION; REMEDIES FOR PRE-CLOSING DEFAULTS. 43 10.1 Termination 43 10.2 Effect of Termination 43 10.3 Partnership’s Remedies for Pre-Closing Default 44 10.4 Contributors’ Remedy for Pre-Closing Default 44 10.5 Limitations on Liability 45
AutoNDA by SimpleDocs
TERMINATION; REMEDIES FOR PRE-CLOSING DEFAULTS. 44 10.1 Termination 44 10.2 Effect of Termination 44 10.3 Partnership’s Remedies for Pre-Closing Default 44 10.4 Contributors’ Remedy for Pre-Closing Default 45 10.5 Limitations on Liability. 46 SECTION 11. INDEMNIFICATION. 47 11.1 Contributor’s Indemnity 47 11.2 Partnership’s Indemnity 48 11.3 Indemnification Procedure 48 11.4 Survival 48 SECTION 12. TAX MATTER 48 12.1 Tax Matters 49 12.2 Allocation of Taxes 49 12.3 Cooperation 50 12.4 Tax Returns. 50 12.5 Claims; Tax Proceedings 51 12.6 Certain Tax Elections 51 12.7 Other Treatment. 51 12.8 Other Provisions 51 12.9 Survival 51
TERMINATION; REMEDIES FOR PRE-CLOSING DEFAULTS. 44 10.1 Termination 44 10.2 Effect of Termination 44 10.3 Partnership’s Remedies for Pre-Closing Default 44 10.4 Contributor’s Remedy for Pre-Closing Default 46 10.5 Limitations on Liability 46 SECTION 11. INDEMNIFICATION. 47 11.1 Contributor’s Indemnity 47 11.2 Partnership’s Indemnity 48 11.3 Indemnification Procedure 48 11.4 Survival 48 SECTION 12. TAX MATTERS. 49 12.1 Tax Matters 49 12.2 Allocation of Taxes 49 12.3 Cooperation 50 12.4 Tax Returns 50 12.5 Claims; Tax Proceedings 51 12.6 Certain Tax Elections 51 12.7 Other Treatment 51 12.8 Other Provisions 52 12.9 Survival 52 SECTION 13. MISCELLANEOUS. 52 13.1 Drafts not an Offer to Enter into a Legally Binding Contract 52 13.2 Brokerage Commissions 52 13.3 Publicity 52 13.4 Notices 53 13.5 Waivers, Etc 54 13.6 Assignment; Successors and Assigns 55 13.7 Severability 55 13.8 Counterparts, Entire Agreement, Amendments 55 13.9 Governing Law; Jurisdiction; Waiver of Jury Trial 55 13.10 Performance on Business Days 56 13.11 Attorneys’ Fees 56 13.12 Relationship 56 13.13 Section and Other Headings 56 13.14 Further Assurances 57 13.15 Force Majeure 57 13.16 Time of Essence 57 13.17 Contributor’s Representative 57 13.18 All or Nothing Transaction 58 13.19 Survival 58 13.20 ATA’s SEC Filings 58 13.21 Legends 59 13.22 Escrow Agent 60 SECTION 14. GUARANTY BY ELRH OF CASH PAYMENT. 61 14.1 Guaranty 61 14.2 Nature of Guaranty 61 14.3 Consideration 61 14.4 Termination of this Guaranty 62

Related to TERMINATION; REMEDIES FOR PRE-CLOSING DEFAULTS

  • Termination Remedies In the event of any such material default under or material breach of the terms of this Lease by the Relevant Asset Owner, the Related Refinery Owner may, at the Related Refinery Owner’s option, at any time thereafter that such default or breach remains uncured, without further notice or demand:

  • Defaults Remedies (a) It shall be an Event of Default:

  • Remedies for Events of Default If an Event of Default, as defined in the Indenture, occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Notes then outstanding may declare all the Notes to be immediately due and payable. If a bankruptcy or insolvency default with respect to the Company or any of its Significant Subsidiaries occurs and is continuing, the Notes automatically become immediately due and payable. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority in principal amount of the Notes then outstanding may direct the Trustee in its exercise of any trust or power.

  • Events of Default Remedies If any of the following events (“Events of Default”) shall occur:

  • Acceleration; Remedies Upon the occurrence and during the continuance of an Event of Default, then, and in any such event, (a) if such event is a Bankruptcy Event, automatically the Commitments shall immediately terminate and the Loans (with accrued interest thereon), and all other amounts under the Credit Documents (including, without limitation, the maximum amount of all contingent liabilities under Letters of Credit) shall immediately become due and payable, and (b) if such event is any other Event of Default, any or all of the following actions may be taken: (i) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Commitments to be terminated forthwith, whereupon the Commitments shall immediately terminate; (ii) the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, declare the Loans (with accrued interest thereon) and all other amounts owing under this Agreement and the Notes to be due and payable forthwith and direct the Borrower to pay to the Administrative Agent cash collateral as security for the LOC Obligations for subsequent drawings under then outstanding Letters of Credit an amount equal to the maximum amount of which may be drawn under Letters of Credit then outstanding, whereupon the same shall immediately become due and payable; and/or (iii) with the written consent of the Required Lenders, the Administrative Agent may, or upon the written request of the Required Lenders, the Administrative Agent shall, exercise such other rights and remedies as provided under the Credit Documents and under applicable law.

  • Waiver; Remedies No failure on the part of Purchaser to exercise, and no delay in exercising, any right under this Guaranty shall operate as a waiver, nor shall any single or partial exercise of any right under this Guaranty preclude any other or further exercise of any other right. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or equity. In the event that Merchant fails to perform any obligation under the Agreement, Purchaser may enforce its rights under this Guaranty without first seeking to obtain performance for such default from Merchant or any other guarantor.

  • Events of Default Remedies on Default Events of Default . Each of the following shall be an "Event of Default" if it occurs for any reason whatsoever, whether voluntary or involuntary, by operation of law or otherwise:

  • Termination and Remedies 67 11.1. Termination....................................................67 11.2.

  • Events of Default Rights and Remedies on Default 10.1 Events of Default 10.2 Acceleration of the Obligations

  • Remedies for Default In case of default as described in Paragraph 10 above, Landlord shall have the right to the following remedies which are intended to be cumulative and in addition to any other remedies provided under applicable law:

Time is Money Join Law Insider Premium to draft better contracts faster.