Upon Event of Default. If any Event of Default occurs and is continuing, the Lender may take any or all of the following actions:
(a) declare the Commitments to be terminated, whereupon the Commitments shall be terminated;
(b) declare the unpaid principal amount of all outstanding Loans, all interest accrued and unpaid thereon, and all other amounts owing or payable hereunder or under any other Loan Document to be immediately due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by the Borrowers;
(c) require that the Borrowers Cash Collateralize the L/C Obligations (in an amount equal to the then Outstanding Amount thereof); and
(d) exercise all rights and remedies available to it under the Loan Documents; provided, however, that upon the occurrence of an actual or deemed entry of an order for relief with respect to any Borrower under the Bankruptcy Code of the United States, the obligation of the Lender to make Loans and make L/C Credit Extensions shall automatically terminate, the unpaid principal amount of all outstanding Loans and all interest and other amounts as aforesaid shall automatically become due and payable, and the obligation of the Borrowers to Cash Collateralize the L/C Obligations as aforesaid shall automatically become effective, in each case without further act of the Lender. The Lender may, at any time and from time to time after the initial deposit of Cash Collateral pursuant to Section 9.02(c), require that the Borrowers provide additional Cash Collateral (and the Borrowers shall, from time to time after the initial deposit of Cash Collateral, provide such additional Cash Collateral) in an amount not to exceed 105% of the Outstanding Amount of such L/C Obligations, in order to protect against the results of exchange rate fluctuations.
Upon Event of Default. The Trustee, prior to the occurrence of an Event of Default with respect to Securities of a series and after the curing of all Events of Default with respect to Securities of that series which may have occurred, shall undertake to perform with respect to Securities of such series such duties and only such duties as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee. In case an Event of Default with respect to Securities of a series has occurred (which has not been cured or waived), the Trustee shall exercise with respect to Securities of that series such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.
Upon Event of Default. Upon the occurrence of any Event of Default, Landlord shall have the option to pursue any one or more of the following remedies without any Notice or demand whatsoever (except as expressly provided herein), concurrently or consecutively and not alternatively (in addition to any other remedies available to Landlord at law or in equity), all of which remedies shall be distinct, separate and cumulative:
Upon Event of Default. Upon the occurrence of an Event of Default as defined in the Debenture and Note Purchase Agreement, the maturity of this Debenture may be accelerated as provided in the Debenture and Note Purchase Agreement.
Upon Event of Default. Within 30 days of the Holder obtaining actual knowledge of the occurrence of an Event of Default (as hereinafter defined), the Holder may demand the prepayment of all or any portion of this Debenture by submission of written notice of prepayment to the Company. Following the receipt of such notice, the Company shall prepay the portion of this Debenture requested to be prepaid as soon as reasonably practicable, but in any event within 30 days of date of such notice. An Event of Default for purposes of this Section 4(b) shall mean: (i) the failure to pay interest or principal on any scheduled payment date; (ii) the occurrence of any material breach of any representation, warranty or covenant by the Company under the Purchase Agreement, if such breach is not cured within 30 days of the receipt by the Company of written notice thereof; or (iii) the filing of any petition, whether voluntary or involuntary, seeking the reorganization or liquidation of the Company under any provision of the Federal Bankruptcy Code or any other federal or state reorganization, insolvency or debtor relief law; or (iv) the appointment of any receiver, liquidator or trustee for the Company or any of its properties by a court order and which appointment is not vacated within 30 days; or (v) the Company is adjudicated insolvent or the Company shall make an assignment for the benefit of any of its creditors, admit in writing an inability to pay debts when they become due in the ordinary course of its business, or consent to the appointment of a receiver, trustee or liquidator for the Company or all or any part of the property of the Company.
Upon Event of Default. Upon the occurrence of any Event of Default, Administrative Agent may (or if directed by the Requisite Lenders, shall) apply sums then present in the Deposit Account or any Subaccount thereof and all sums thereafter deposited into the Deposit Account (other than Security Deposits to the extent any Tenant may have a right to the return of such Security Deposit) to the payment of the Debt, completion of the Property Required Repairs, Taxes and Other Charges, Insurance Premiums and all other sums payable pursuant to this Agreement and the other Loan Documents in such order, proportion and priority as the Requisite Lenders and Administrative Agent may determine in their sole discretion, except that Administrative Agent shall apply funds (if any) on deposit in the Ground Rent Subaccount for payment of due and unpaid Ground Rent prior to application for any other purpose. Administrative Agent's right to withdraw and apply amounts in the Deposit Account shall be in addition to all other rights and remedies provided under this Agreement, the other Loan Documents, and at law or in equity.
Upon Event of Default. If any Event of Default occurs and is continuing, the Administrative Agent shall, at the request of, or may, with the consent of, the Required Lenders, take any or all of the following actions:
(a) if such event is an Event of Default specified in clause (i) or (ii) of paragraph (f) of Section 8.1 with respect to the Borrower, the Commitments shall immediately terminate automatically and the Loans (with accrued interest thereon) and all other amounts owing under this Agreement and the other Loan Documents shall automatically immediately become due and payable, and
(b) if such event is any other Event of Default, any of the following actions may be taken: (i) with the consent of the Required Lenders, the Administrative Agent may, or upon the request of the Required Lenders, the Administrative Agent shall, by notice to the Borrower declare the Revolving Commitments, the Swingline Commitments and the L/C Commitments to be terminated forthwith, whereupon the Revolving Commitments, the Swingline Commitments and the L/C Commitments shall immediately terminate; (ii) with the consent of the Required Lenders, the Administrative Agent may, or upon the request of the Required Lenders, the Administrative Agent shall, by notice to the Borrower, declare the Loans (with accrued interest thereon) and all other amounts owing under this Agreement and the other Loan Documents to be due and payable forthwith, whereupon the same shall immediately become due and payable; (iii) any Cash Management Bank may terminate any Cash Management Agreement then outstanding and declare all Obligations then owing by the Loan Parties under any such Cash Management Agreements then outstanding to be due and payable forthwith, whereupon the same shall immediately become due and payable; and (iv) the Administrative Agent may exercise on behalf of itself, any Cash Management Bank, the Lenders and the Issuing Lender all rights and remedies available to it, any such Cash Management Bank, the Lenders and the Issuing Lender under the Loan Documents. With respect to all Letters of Credit with respect to which presentment for honor shall not have occurred at the time of an acceleration pursuant to this paragraph, the Borrower shall Cash Collateralize an amount equal to 105% of the aggregate then undrawn and unexpired amount of such Letters of Credit. Amounts so Cash Collateralized shall be applied by the Administrative Agent to the payment of drafts drawn under such Letters of Credit, and the unused por...
Upon Event of Default. Immediately upon (a) the occurrence of an Event of Default under Sections 13(f) or 13(g) hereof, or (b) Lender's declaration that the Loan is due and payable in full pursuant to Section 13, in the case of any Event of Default other than under Sections 13(f) or 13(g) hereof, the Loan and all accrued but unpaid interest on the Loan and any and all other fees and sums which may be or become payable hereunder and under the Note or any other Loan Document shall become immediately due and payable. Payments on the Loan pursuant to this Section shall be subject to the prepayment premium described in Section 8.4 below.
Upon Event of Default. Upon the occurrence of any "Event of Default" (as such term is defined in any document or instrument evidencing or securing any indebtedness of the Issuer or HHPC to the Warrantholder), the Warrantholder shall have the option to require the Issuer to purchase the Warrant for the Warrant Purchase Price. The option of the Warrantholder under this Section 1(b) shall be exercised by written notice to the Issuer given within thirty (30) days after the date of the occurrence of any Event of Default. In the event that the Warrantholder exercises its option under this Section 1(b), the closing of the purchase of the Warrant shall occur within ten (10) days after the date of exercise by the Warrantholder of its option under this Section 1(b); and the Warrant Purchase Price shall become immediately due and payable upon the earlier of (y) the date of closing of the purchase of the Warrant and (z) the date ten days after the date of exercise by the Warrantholder of its option under this Section 1(b).
Upon Event of Default. Upon the occurrence and during the continuation of an Event of Default:
(a) Secured Party may declare all Obligations secured hereby immediately due and payable and shall have all of the rights and remedies of a secured party under the Uniform Commercial Code as now in effect in the Commonwealth of Massachusetts or under other applicable law.
(b) Secured Party may notify any obligors with respect to the Copyright Collateral of Secured Party's security interest and that such obligors are to make payments directly to Secured Party. Secured Party may send this notice in Borrower's name or in Secured Party's name, and at Secured Party's request Borrower will join in Secured Party's notice, provide written confirmation of Secured Party's security interest and request that payment be sent to Secured Party. Secured Party may enforce this obligation by specific performance. Secured Party may collect all amounts due from such obligors. Upon and after notification by Secured Party to Borrower, Borrower shall hold any proceeds and collections of any of the Copyright Collateral in trust for Secured Party and shall not commingle such proceeds or collections with any other of Borrower's funds, and Borrower shall deliver all such proceeds to Secured Party immediately upon Borrower's receipt thereof in the identical form received and duly endorsed or assigned to Secured Party.
(c) Secured Party will give to the Borrower reasonable notice of the time and place of any public sale of Copyright Collateral or of the time after which any private sale or other intended disposition thereof is to be made. Such requirement of reasonable notice shall be met if such notice is delivered to the address of the Borrower set forth in this Agreement at least fifteen (15) days before the time of the proposed sale or disposition. Any such sale may take place from Borrower's location or such other location as Secured Party may designate. Borrower shall remain liable for any deficiency in payment of the Obligations after any such sale.
(d) Notwithstanding the foregoing, Secured Party shall forbear from the exercise of its rights to foreclose or otherwise realize upon or take possession of or use Borrower's Copyright Collateral until the earlier of ninety (90) days after the occurrence of an Event of Default or January 31, 1998, so long as (i) there occurs and is continuing no Event of Default of the type described in subsections (f) or (g) of the definition of such term as set forth in the Loa...
