Timing of Enforcement. Buyer will be able to enforce this Guaranty against Guarantor even though Buyer might also have available other rights and remedies that Buyer could conceivably enforce against the Security or against other parties. As a result, Buyer may require Guarantor to pay the Guarantied Obligations earlier than Guarantor would prefer to pay the Guarantied Obligations, including immediately upon the occurrence of a default by Seller. Guarantor will not be able to assert against Buyer various defenses, theories, excuses, or procedural requirements that might otherwise force Buyer to delay or defer the enforcement of this Guaranty against Guarantor. Guarantor acknowledges that Guarantor intends to allow Buyer to enforce the Guaranty against Guarantor in such manner. All of Guarantor’s assets will be available to satisfy Buyer’s claims against Guarantor under this Guaranty.
Timing of Enforcement. Buyer will be able to enforce this Guaranty against Guarantor even though Buyer might also have available other rights and remedies that Buyer could conceivably enforce against the Security or against other parties. As a result, Buyer may require Guarantor to pay the Guarantied Obligations, as limited by Section 2(b), earlier than Guarantor would prefer to pay the Guarantied Obligations, including immediately upon the occurrence of an Event of Default by Seller. Guarantor will not be able to assert against Buyer various defenses, theories, excuses, or procedural requirements that might otherwise force Buyer to delay or defer the enforcement of this Guaranty against Guarantor. Guarantor acknowledges that Guarantor intends to allow Buyer to enforce the Guaranty against Guarantor in such manner.
Timing of Enforcement. In relation to any part of the Charged Portfolio, at any time after the occurrence of an Enforcement Event in respect of such part of the Charged Portfolio, the Security created by or pursuant to this Agreement over such part of the Charged Portfolio is immediately enforceable and the Listco Shares Security Agent may, without notice to the Chargor or prior authorisation from any court, in its absolute discretion:
(a) secure and perfect its title to such Enforceable Charged Portfolio or any part thereof (including transferring such Enforceable Charged Portfolio into the name of the Listco Shares Security Agent or its nominees);
Timing of Enforcement. Buyer will be able to enforce this Guaranty against Guarantor even though Buyer might also have available other rights and remedies that Buyer could conceivably enforce against the Security or against other parties. As a result, Buyer may require Guarantor to pay the Guaranteed Obligations, as may be limited by Section 2(b), and the Additional Obligations earlier than Guarantor would prefer to pay such amounts, including immediately upon the occurrence of an Event of Default by either Seller under the Transaction Documents, provided that Buyer agrees that, unless an Event of Default has occurred and is continuing, it will not demand Guarantor pay the amount of any Guaranteed Obligations that constitute a guaranty of Payment Extended Amounts until the date such Payment Extended Amount would otherwise be due and payable under the Repurchase Agreement. Guarantor will not be able to assert against Buyer various defenses, theories, excuses, or procedural requirements that might otherwise force Buyer to delay or defer the enforcement of this Guaranty against Guarantor. Guarantor acknowledges that Guarantor intends to allow Buyer to enforce the Guaranty against Guarantor in such manner. All of Guarantor’s assets will be available to satisfy Buyer’s claims against Guarantor under this Guaranty.
Timing of Enforcement. 10.1.1 The security intended to be created by this Deed shall become immediately enforceable upon the occurrence of an Event of Default which (as at the date of the first steps of enforcement) is continuing and has not been remedied or waived.
10.1.2 After the security intended to be created by this Deed has become enforceable:
10.1.2.1 the power of sale and other powers conferred by Section 101 of the Act (as varied or amended by this Deed) shall become immediately exercisable;
10.1.2.2 the Lender may, in its absolute discretion, enforce all or any part of such security in such manner as it sees fit; and
10.1.2.3 the Borrower shall or shall procure that the Lender is granted access to the Location in order to take possession of and, where it requires to do so, remove the Data Centre Assets.
Timing of Enforcement. (a) No Secured Party shall instruct the Security Trustee to enforce any of the security or rights constituted by the Security Documents unless and until the Security Trustee shall have been directed to do so by the Required Secured Parties in accordance with this Agreement.
(b) The Security Trustee shall refrain from enforcing the security and rights conferred by the Security Documents, unless and until it has been directed to do so in accordance with clause (a).
(c) Upon receipt of instructions in accordance with clause (b), the Security Trustee shall enforce the rights and powers the Security Trustee may have under all or any of the Security Documents subject to and in accordance with this Agreement.
Timing of Enforcement. (a) No Security Representative shall enforce any of the security or rights constituted by the Security Agreements or the Guarantees unless and until:
(i) an Event of Default has occurred and is continuing and has not been waived or remedied in accordance with this Agreement; and
(ii) either (A) the Senior Obligations have become immediately due and payable pursuant to Clause 13.2 (and/or, at any time following the Senior Obligations Discharge Date, the Junior Loan shall have become immediately due and payable pursuant to the Junior Loan Agreement) or (B) notice has been delivered to the Borrower in accordance with Clause 13.3 (and/or, at any time following the Senior Obligations Discharge Date, any similar provision contained in the Junior Loan Agreement) declaring all or any part of the Obligations to be immediately due and payable (or, in the case of any Senior Obligations, to be due and payable on demand or on such date as the Principal Facilities Agent may specify) and the time for compliance by the Borrower with such notice shall have expired; and
(iii) the relevant Security Representative shall have been directed to do so by the Principal Facilities Agent.
(b) Each Security Representative shall refrain from enforcing the security and rights conferred by the Security Agreements and the Guarantees, unless and until it has been directed to do so in accordance with clause (a)(iii).
(c) Upon receipt of instructions in accordance with clause (b), each Security Representative shall enforce the rights and powers such Security Representative may have under all or any of the Security Agreements and the Guarantees subject to and in accordance with this Agreement.
Timing of Enforcement. 10.1.1 The security intended to be created by this Deed shall become immediately enforceable upon the occurrence of an Event of Default which (as at the date of the first steps of enforcement) is continuing and has not been remedied or waived.
Timing of Enforcement. This Shares Charge shall become enforceable immediately upon the occurrence of an Event of Default.
