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.
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 Securities then Outstanding may declare all the Securities to be immediately due and payable. If a bankruptcy or insolvency default with respect to the Company or any Guarantor occurs and is continuing, the Securities automatically become immediately due and payable. Holders may not enforce the Indenture or the Securities except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Securities. Subject to certain limitations, Holders of at least a majority in principal amount of the Securities then Outstanding may direct the Trustee in its exercise of any trust or power.
Remedies for Events of Default. If an Event of Default, as defined in the Indenture (other than an Event of Default specified in Section 5.01(6) of the Indenture), occurs and is continuing, the Trustee or the Holders of at least 30% in aggregate principal amount of the then total Outstanding Notes may declare the principal, premium, if any, interest and any other monetary obligations on all the then Outstanding Notes to be due and payable immediately by a notice in writing to the Issuer (and to the Trustee if given by Holders). Notwithstanding the foregoing, in the case of an Event of Default arising under Section 5.01(6) of the Indenture, all Outstanding Notes will become due and payable without further action or notice. Subject to the provisions of the Indenture relating to the duties of the Trustee, in case an Event of Default occurs and is continuing, the Trustee shall be under no obligation to exercise any rights or powers under the Indenture at the request or direction of any of the Holders unless such Holders have offered indemnity or security against any loss, liability, claim or expense satisfactory to the Trustee. Subject to certain restrictions, the Holders of a majority in principal amount of the Outstanding Notes are given the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. The Trustee, however, may refuse to follow any direction that conflicts with law or the Indenture or that the Trustee determines is unduly prejudicial to the rights of any other Holder of a Note or that would involve the Trustee in personal liability.
Remedies for Events of Default. If an Event of Default (other than an Event of Default specified in Section 6.01(g) or (h) of the Indenture that occurs with respect to the Company or a Subsidiary Guarantor) occurs and is continuing under this Indenture, then in every such case the Trustee or the Holders of at least 25% in aggregate principal amount of the Outstanding Notes, by written notice to the Company (and to the Trustee if such notice is given by the Holders), may, and the Trustee at the written request of such Holders shall, declare the principal of, premium, if any, and accrued interest on all of the Outstanding Notes to be immediately due and payable. Upon a declaration of acceleration, such principal of, premium, if any, and accrued interest shall be immediately due and payable. If an Event of Default specified in Section 6.01(g) or (h) of the Indenture occurs with respect to the Company or a Subsidiary Guarantor, the principal of, premium, if any, and accrued interest on the Outstanding Notes shall ipso facto become and be immediately due and payable without any declaration or other act on the part of the Trustee or any Holder. The Holders of at least a majority in aggregate principal amount of the Outstanding Notes by written notice to the Company and to the Trustee, may waive all past defaults and rescind and annul a declaration of acceleration and its consequences if (1) all existing Events of Default, other than the nonpayment of the principal of, premium, if any, and interest on the Notes that have become due solely by such declaration of acceleration, have been cured or waived and (2) the rescission would not conflict with any judgment or decree of a court of competent jurisdiction. Holders may not enforce the Indenture, the Notes or the Subsidiary Guarantees except as provided in the Indenture. The Trustee may require security or indemnity satisfactory to it before it enforces the Indenture, the Notes or the Subsidiary Guarantees. The Holders of at least a majority in aggregate principal amount of the Notes then Outstanding may direct the Trustee in the exercise of any trust or power in accordance with the terms of the Indenture.
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 at least 30% in Initial Principal Amount of the Outstanding Notes may declare all the Notes to be immediately due and payable. If a bankruptcy or insolvency default with respect to either Co-Issuer or any of its Significant Subsidiaries occurs and is continuing, the Notes automatically become immediately due and payable. Holders may not enforce the Indenture, the Security Documents, the Intercreditor Agreement or the Notes except as provided in the Indenture. The Trustee and the Collateral Agent may require indemnity reasonably satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority in aggregate Initial Principal Amount of the Outstanding Notes may direct the Trustee in its exercise of any trust or power.
Remedies for Events of Default. 1.1 This Agreement and the Term and rights hereby granted to Grantee are subject to the limitation that if and whenever any Event of Default shall occur, Grantor may at any time thereafter give to Grantee a notice of termination of this Agreement setting forth a termination date three (3) days from the date of the giving of such notice, and, upon the giving of such notice, this Agreement and the term and rights hereby granted (whether or not the Term of the Agreement shall theretofore have commenced) shall expire and terminate upon the expiration of said three (3) days with the same effect as if that day were the date hereinbefore set for the expiration of the Term of the Agreement, but Grantee shall remain liable for damages as provided in Section 2 below.
1.2 If an Event of Default shall have occurred, Grantor and/or Grantor’s agents and employees, whether or not this Agreement shall have been terminated pursuant to this Exhibit “D” may, without notice to Grantee, immediately or at any time thereafter re-enter into or upon the Grantee Space or any part thereof, either by summary dispossess proceedings or by any suitable action or proceeding at law, or by force or otherwise, to the extent legally permitted, without being liable to indictment, prosecution or damages therefor, and may repossess the same, and may remove any persons or property therefrom, to the end that Grantor may have, hold and enjoy the Grantee Space again as and of its first estate and interest therein. The words “re-enter”, “re-entry” and “re-entered” as used in this Agreement are not restricted to their technical legal meanings. In the event of any termination of this Agreement under the provisions of this Exhibit “D” or in the event that Grantor shall re-enter the Grantee Space under the provisions of this Exhibit “D” or in the event of the termination of this Agreement (or of re-entry and replacement of Grantee) by or under any summary dispossess or other proceeding or action or any provision of law, Grantee shall thereupon pay to Grantor the Base Colocation Fees, Additional Colocation Fees and any other charges payable hereunder by Grantee to Grantor up to the time of such termination of this Agreement, or of such recovery of possession of the Grantee Space by Grantor, as the case may be, plus the expenses incurred or paid by Grantor in terminating this Agreement or of re-entering the Grantee Space and securing possession thereof, including actual attorneys’ fees and costs of remova...
Remedies for Events of Default. In addition to any other rights or remedies available to the Parties at law or in equity, upon the occurrence of an Event of Default pursuant to Section 14.1, 14.2 or 14.3, the non-defaulting Party shall be entitled to collect from the defaulting Party any amount indisputably in default plus interest based on the Federal Funds Rate.
Remedies for Events of Default. Upon the occurrence of an Event of Default that has not been waived in writing by the Non-Defaulting Party, the Non-Defaulting Party shall have all of the following rights and remedies in addition to the rights and remedies specified in Section 19 above, which may be exercised in such order or combination as such Non-Defaulting Party may determine: (i) terminate this Agreement, or (ii) subject to the limitations set forth in Section 8(c) of the Master Agreement (relating to consequential damages), pursue any other remedies available at law or in equity.
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 at least 25% in principal amount of the Outstanding Notes may declare all the Notes to be immediately due and payable. If a bankruptcy or insolvency Default with respect to the Issuer occurs and is continuing, the Notes automatically become immediately due and payable. Subject to the provisions of the Indenture relating to the duties of the Trustee, in case an Event of Default occurs and is continuing, the Trustee shall be under no obligation to exercise any rights or powers under the Indenture at the request or direction of any of the Holders of the Notes unless such Holders have offered indemnity or security against any loss, liability or expense satisfactory to the Trustee. Subject to certain restrictions, the Holders of a majority in principal amount of the outstanding Notes are given the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or of exercising any trust or power conferred on the Trustee. The Trustee, however, may refuse to follow any direction that conflicts with law or this Indenture or that the Trustee determines is unduly prejudicial to the rights of any other Holder of a Note or that would involve the Trustee in personal liability.
Remedies for Events of Default. Upon the occurrence of each and every Event of Default, and at any time thereafter during the continuance of such Event of Default, the following shall occur and HBO may take any or all of the following actions at the same or different times:
(a) interest on the Subordinated Loan shall accrue at the Post-Default Rate;
(b) subject to the pendency of a Remedies Bar Period, by notice in writing to DreamWorks Animation, HBO may declare the entire principal amount of the Subordinated Loan, together with all accrued interest thereon, to be immediately 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 DreamWorks Animation; provided, however,
(1) in the case of the occurrence of an Event of Default referred to in clause (1) or (2) of Section 6.01(e), notwithstanding any Remedies Bar Period or the provisions of Section 2 of the Subordinated Note, the principal amount then outstanding of, and the accrued interest on, the Subordinated Loan shall automatically become due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by DreamWorks Animation; and
(2) in the case of an occurrence of an Event of Default other than an Event of Default referred to in clause (1) or (2) of Section 6.01(e), so long as any part of the Senior Debt remains unpaid, HBO shall provide to the Designated Senior Agent a copy of the notice provided to DreamWorks in accordance with this Section 6.02(b) and shall not exercise its remedies under this Section 6.02(b) until 5 Business Days after such notice is delivered to the Designated Senior Agent.
(c) subject to the pendency of a Remedies Bar Period, HBO may exercise its rights and remedies in the Collateral and against DreamWorks Animation as provided under the Animation Security Agreement; provided, however, so long as any part of the Senior Debt remains unpaid, HBO shall not be entitled to exercise its rights and remedies provided in this Section 6.02(c) until the Scheduled Maturity Date (but without limiting any of HBO’s other rights and remedies hereunder or under any other Subordinated Loan Document). For the avoidance of doubt, subject to Section 6.02(c), HBO shall be entitled to exercise any and all of its rights and remedies against DreamWorks upon the conclusion of any Remedies Bar Period.
