Xxxxxx’s Rights. Notwithstanding Section 15.5, the Supplier, from time to time on or after the date of execution of this Agreement shall have the right, at its cost, to enter into a Secured Lender’s Security Agreement. For the avoidance of doubt, in the case of a deed of trust or similar instrument securing bonds or debentures where the trustee holds security on behalf of, or for the benefit of, other lenders, only the trustee shall be entitled to exercise the rights and remedies under the Secured Lender’s Security Agreement as the Secured Lender on behalf of the lenders. A Secured Lender’s Security Agreement shall be based upon and subject to the following conditions:
(a) A Secured Lender’s Security Agreement may be made for any amounts and upon any terms (including terms of the loans, interest rates, payment terms and prepayment privileges or restrictions) as desired by the Supplier, except as otherwise provided in this Agreement.
(b) No Secured Lender’s Security Agreement shall affect or encumber in any manner the Buyer’s title to any government-owned premises. The Buyer shall have no liability whatsoever for payment of the principal sum secured by any Secured Lender’s Security Agreement, or any interest accrued thereon or any other sum secured thereby or accruing thereunder; and the Secured Lender shall not be entitled to seek any damages against the Buyer for any or all of the same.
(c) No Secured Lender’s Security Agreement shall be binding upon the Buyer in the enforcement of the Buyer’s rights and remedies provided in this Agreement or by Laws and Regulations, unless and until a copy of the original thereof and the registration details, if applicable, together with written notice of the address of the Secured Lender to which notices may be sent have been delivered to the Buyer by the Supplier or the Secured Lender; and in the event of an assignment of such Secured Lender’s Security Agreement, such assignment shall not be binding upon the Buyer unless and until a copy thereof and the registration details, if applicable, together with written notice of the address of the assignee thereof to which notices may be sent, have been delivered to the Buyer by the Supplier or the Secured Lender.
(d) If the Supplier is in default under or pursuant to the Secured Lender’s Security Agreement and the Secured Lender intends to exercise any rights afforded to the Secured Lender under this Agreement, then the Secured Lender shall give notice of such default to the Buyer at least f...
Xxxxxx’s Rights. Lender and any person designated by Lender may enter the Property to assess the environmental condition of the Property and its use including (i) conducting any environmental assessment or audit (the scope of which shall be determined by Lender) and (ii) taking samples of soil, groundwater or other water, air, or building materials, and conducting other invasive testing at all reasonable times when (A) a default has occurred under the Documents beyond any applicable grace or cure period provided therein, (B) Lender reasonably believes that a Release has occurred at or affecting the Property which may be in material violation of Environmental Laws or the Property is not in material compliance with all Environmental Laws, or (C) the Loan is being considered for sale (any out-of-pocket expenses incurred in connection with the entry under clause (C) only shall be at Lender’s expense). Borrower shall cooperate with and provide access to Lender and such person.
Xxxxxx’s Rights. Upon default, Xxxxxx may declare the entire unpaid principal balance under this Agreement and all accrued unpaid interest immediately due, and then Borrower will pay that amount.
Xxxxxx’s Rights. In the event of a default by Contractor under this SPPA, Lenders shall have the same rights as provided in the SLA. The Judicial Council shall not take any action to terminate this SPPA because of any default or breach by Contractor if any Lender, within thirty (30) calendar days after service of written notice, adheres to the procedures set forth for Xxxxxx’s Rights in the SLA.
Xxxxxx’s Rights. Upon an Event of Default, Xxxxxx may declare the entire unpaid principal balance on this Convertible Note together with interest on any unpaid balance immediately due, without notice, and then Debtor will pay that amount. If any Event of Default occurs, neither the failure of Holder to promptly exercise its right to declare the outstanding principal of and accrued and unpaid interest on this Convertible Note to be immediately due and payable, nor the failure of Holder to exercise any other right or remedy that it may have for default, nor the acceptance by Holder of late payments, nor the failure of Holder to demand strict performance of any obligation of Debtor hereunder, shall constitute a waiver of any such rights while such default continues, nor a waiver of such rights in connection with any future default on the part of Debtor. Furthermore, acceptance by Holder of partial payments following due acceleration of the indebtedness evidenced hereby shall not constitute a waiver by Holder of the acceleration of such indebtedness.
Xxxxxx’s Rights. If Borrower Fails to Keep Promises and Agreements. After the occurrence of the conditions stated in subsections (a), (b) and (c) below, Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this Security Instrument. If all of the conditions stated in subsections (a), (b) and (c) of this Section 25 are met, Lender may do this without making any further demand for payment. This requirement is called “immediate payment in full.” Lender may also require immediate payment in full if any of the events described in Section 15 occur, even if the conditions stated in subsections (a), (b) and (c) below are not met. If Lender requires immediate payment in full, Lender may bring a lawsuit to take away all of my remaining rights in the Property and have the Property sold. At this sale Lender or another Person may acquire the Property. This is known as “foreclosure and sale.” In any lawsuit for foreclosure and sale, Lender will have the right to collect all costs allowed by law. These costs include reasonable attorneys’ fees and costs of title evidence. Lender may require immediate payment in full under this Section 25 only if all of the following conditions are met:
(a) I fail to keep any promise or agreement made in this Security Instrument, including the promises to pay when due the Sums Secured;
(b) Xxxxxx sends to me a notice that states:
(1) The promise or agreement that I failed to keep;
(2) The action that I must take to correct that default;
(3) A date by which I must correct the default. That date must be at least 30 days from the date on which the notice is given;
(4) That if I do not correct the default by the date stated in the notice, Lender may require immediate payment in full, and Lender or another Person may acquire the Property by means of foreclosure and sale;
(5) That if I meet the conditions stated herein, I will have the right to have Xxxxxx’s enforcement of this Security Instrument discontinued and to have the Note and this Security Instrument remain fully effective as if immediate payment in full had never been required; and
(6) That I have the right in any lawsuit for foreclosure and sale to argue that I did keep my promises and agreements under the Note and under this Security Instrument, and to present any other defenses that I may have; and
(c) I do not correct the default stated in the notice from Lender by the date stated in that notice.
Xxxxxx’s Rights. If the Premises or the Property are damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord reasonably estimates that the damage caused thereby for which Landlord is responsible to repair under this Lease pursuant to Section 10.C below cannot be repaired within 270 days after the commencement of repairs (the "Repair Period''), then Tenant may terminate this Lease by delivering written notice to Landlord of its election to terminate within 30 days after the Damage Notice has been delivered to Tenant.
Xxxxxx’s Rights. Lender and any person designated by Lender may enter the Property to assess the environmental condition of the Property and its use including (i) conducting any environmental assessment or audit (the scope of which shall be determined by Lender) and (ii) taking samples of soil, groundwater or other water, air, or building materials, and conducting other invasive testing at all reasonable times when (A) an Event of Default has occurred under the Documents, (B) Lender reasonably believes that a Release has occurred or the Property is not in compliance with all Environmental Laws, or (C) the Loan is being considered for sale (any out-of-pocket expenses incurred in connection with the entry under clause (C) only shall be at Lender’s expense). Borrower shall cooperate with and provide access to Lender and such person, and/or grant licenses to Lender enabling Lender to conduct any testing and remediation that Lender is entitled to undertake pursuant to the terms hereof.
Xxxxxx’s Rights. (i) In advancing any funds from the Operating Reserve, Lender shall be entitled to rely on such request from Borrower without any inquiry into the accuracy, validity or contestability of any such amount.
(ii) In the event any payment of principal and interest due under the Notes, or the amount of any Tax & Insurance Impounds and/or any other funds required by the Notes, this Loan Agreement, or any other of the Loan Documents is not timely paid, Lender may, but is not obligated to, advance funds from the Operating Reserve for such payments and Borrower shall be required to replenish the Operating Reserve as provided above.
Xxxxxx’s Rights. 2 The mention of any express obligation of Lessee herein shall never be construed as affecting any 3 implied obligation which Lessee may otherwise owe Lessor hereunder, but shall be considered as 4 being in addition thereto. Similarly, the mention of any right or remedy of Lessor herein shall not 5 preclude Lessor from exercising any other right or remedy to which Lessor might otherwise be 6 entitled; and no failure of Lessor to enforce any provision of this lease shall operate as a waiver of
