Common use of THEREUPON Clause in Contracts

THEREUPON. (1) In the case of an Event of Default, other than an Event of Default referred to in Section 8.6. or Section 8.7., the Lender may, by notice to the Company, terminate its Commitment, cancel the Credit Facility and/or declare the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note (including, without limitation, any amounts payable under Section 9.3.), whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; (2) in the case of the occurrence of an Event of Default referred to in Section 8.6. or Section 8.7. above, the Commitment and the Credit Facility shall automatically be canceled and the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note (including, without limitation, any amounts payable under Section 9.3.) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; and (3) in the case of any Event of Default, may exercise any and all remedies available under the Security Documents or under Applicable Law.

THEREUPON. (1) In the case of an Event of Default, other than an Event of Default referred to in Section 8.69.6. or Section 8.79.7., the Lender may, by notice to the Company, terminate its the Commitment, cancel the Credit Facility and/or declare the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note Notes (including, without limitation, any amounts payable under Section 9.310.3.), whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; (2) in the case of the occurrence of an Event of Default referred to in Section 8.69.6. or Section 8.79.7. above, the Commitment and the Credit Facility shall automatically be canceled and the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note Notes (including, without limitation, any amounts payable under Section 9.310.3.) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; and (3) in the case of any Event of Default, may exercise any and all remedies available under the Security Documents or under Applicable Law.

THEREUPON. (1) In the case of an Event of Default, other than an Event of Default referred to in Section 8.69.6. or Section 8.79.7., the Lender may, by notice to the Company, terminate its Commitment, cancel the Credit Facility and/or declare the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note Notes (including, without limitation, any amounts payable under Section 9.310.3.)) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; (2) in the case of the occurrence of an Event of Default referred to in Section 8.69.6. or Section 8.79.7. above, the Commitment and the Credit Facility shall automatically be canceled and the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note Notes (including, without limitation, any amounts payable under Section 9.310.3.) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; and (3) in the case of any Event of Default, the Lender may exercise any and all remedies available under the Security Documents or under Applicable Law.. The proceeds of any sale of the whole or any part of any of the Collateral as a result of an Event of Default, together with any other moneys paid to or held by the Lender under the provisions of any Credit Document, shall be applied by the Lender in the following order:

THEREUPON. (1) In in the case of an Event of Default, Default other than an Event of Default referred to in clause (h), (i) or (j) of this Section 8.6. or Section 8.7.7, the Lender mayAdministrative Agent may (and, by notice to upon the Companyrequest of the Majority Banks, terminate its Commitment, the Administrative Agent shall) cancel the Credit Facility Commitments and/or declare the then-outstanding principal amount then outstanding of, and the all accrued unpaid interest on, the Loans and all other Obligations amounts payable by the Company hereunder Borrower under this Agreement and under the Note (including, without limitation, any amounts payable under Section 9.3.)other Credit Documents to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest protest, notice of protest, notice of dishonor, or other formalities notice or formality of any kind, all of which are hereby expressly waived by the CompanyBorrower; and (2) in the case of the occurrence of an Event of Default referred to in clause (h), (i) or (j) of this Section 8.6. or Section 8.7. above7, the Commitment and the Credit Facility Commitments forthwith shall be automatically be canceled and the then-outstanding principal amount then outstanding of, and the all accrued unpaid interest on, the Loans and all other Obligations amounts payable by the Company hereunder Borrower under this Agreement and under the Note (including, without limitation, any amounts payable under Section 9.3.) other Credit Documents shall become automatically become immediately due and payable without presentment, demand, protest protest, notice of protest, notice of dishonor, or other formalities notice or formality of any kind, all of which are hereby expressly waived by the Company; and (3) Borrower. Notwithstanding anything in this Agreement or any other Credit Document to the case contrary, any reference in this Section 7 or elsewhere in this Agreement or any other Credit Document to “during the continuation of an Event of Default” or that any Event of Default, may exercise Default “is continuing” or any and all remedies available under similar phrase shall not create or be deemed to create any right of Borrower or any other Person to cure any default following the Security Documents expiration of any applicable grace or under Applicable Lawnotice or cure period.