Consequences of Default Clause Samples
The "Consequences of Default" clause outlines the actions and penalties that may be imposed if one party fails to fulfill its contractual obligations. Typically, this clause details the rights of the non-defaulting party, such as the ability to terminate the agreement, demand immediate payment, or seek damages. For example, if a borrower misses a loan payment, the lender may accelerate the debt or repossess collateral. The core function of this clause is to provide clear remedies and deterrents in the event of a breach, thereby protecting the interests of the non-breaching party and encouraging compliance with the contract.
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Consequences of Default. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon the occurrence of an Event of Default and the Bank shall be entitled to exercise the following rights and powers:
12.2.1.1. Repayment of the Facility shall be accelerated and all amounts due including the entire amount of the outstanding Borrower’s Dues and all accrued Interest due thereon, irrespective of schedule of repayment shall become forthwith payable by the Borrower to the Bank and the Guarantee(s) executed (if any) shall forthwith become enforceable in accordance with the terms of this Agreement and the Transaction Documents and nothing herein contained shall be deemed to affect or prejudice the rights or powers of the Bank to demand repayment of the Facility and all monies due and payable by the Borrower under this Agreement;
▇▇.▇.▇.▇. ▇▇ addition to the above, the Bank shall be entitled to adopt criminal and/or civil proceedings against the Borrower/Guarantor(s), including but not limited to, action for dishonour of cheques under Section 138 of the Negotiable Instruments Act, 1881, as may be amended from time to time;
12.2.1.3. The Bank shall also be entitled to communicate in any manner it may deem fit to or with any person(s), with a view to receiving assistance of such person(s) in recovering the defaulted amounts including but not limited to entering upon the Property, taking possession of it and enforcing the Security. Nothing herein contained shall prejudice any other security, present or future or any right or remedy available to the Bank against the Borrower, their partners, Guarantor/s or other persons liable to pay or contribute towards the recovery of the moneys due by the Borrower to the Bank hereunder.
Consequences of Default. If and whenever the Lessor is entitled to re-enter the demised premises, or does re-enter the demised premises, the Lessor may either terminate this Lease by giving written notice of termination to the Lessee, or by posting notice of termination in the demised premises, and in such event the Lessee will forthwith vacate and surrender the demised premises or alternatively, the Lessor may from time to time without terminating the Lessee's obligation under this Lease, make alterations and repairs considered by the Lessor necessary to facilitate a sub-letting and sub-let the demised premises or any part thereof as agent of the Lessee for such term or terms and at such rent or rents and upon such other terms and conditions as the Lessor in its reasonable discretion considers advisable. Upon each sub-letting all rent and other monies received by the Lessor from the sub-letting will be applied first to the payment of indebtedness other than rent due hereunder from the Lessee to the Lessor, second to the payment of costs of the alterations and repairs, and third to the payment of rent due and unpaid hereunder. The residue, if any, will be held by the Lessor and applied in payment of future rent as it becomes due and payable. If the rent received from the sub-letting during a month is less than the rent to be paid during that month by the Lessee, the Lessee will pay the deficiency to the Lessor, the deficiency will be calculated and paid monthly. No re-entry by the Lessor will be construed as an election on its part to terminate this Lease unless a written notice of that intention is given to the Lessee or posted as aforesaid. Despite a sub-letting without termination, the Lessor may elect at any time to terminate this Lease for a previous breach. If the Lessor re-enters the premises or terminates this Lease for any breach, the Lessee will pay to the Lessor on demand therefore:
Consequences of Default. 1. In the event of any default as above the Bank shall have the right:-
a) To recall the Loan and recover the entire dues of the Loan,
b) To suspend any withdrawal to be effected in the Loan account,
c) Take possession of the security so created whether by itself or through any of the Recovery Agents or Attorneys as may be appointed by the Bank.
d) Take any other action as it may deem fit for recovery of its dues and enforcement of the securities.
2. Further, the Bank shall be entitled to forthwith take physical possession of the assets hypothecated and/or mortgaged to the Bank and alienate sell, transfer the said properties either by itself or through its agents and sell or otherwise deal with the same to enforce the bank’s security and recover the dues.
3. The Borrower agrees and undertakes not to prevent or obstruct the Bank from taking possession of the properties irrespective of whether the loan has been recalled whenever in the opinion of the Bank, there is an apprehension of any money not being paid or the Bank’s security is being jeopardized and that the Bank’s representatives will be entitled to sell, give on rent, or otherwise deal with the properties by public or private auction or private treaty, without being liable for any loss, and to apply the net proceeds thereof as specified in these presents. The Borrower shall pay any deficiency, forthwith to the Bank. The Bank shall also be entitled to adjust and a right of set-off on all moneys belonging to the Borrower standing to their credit in any account whatsoever with the Bank, towards payment of such deficiency. Nothing contained in this clause shall oblige the bank to sell, hire or deal with the properties and the banks shall be entitled to proceed against the Borrower independently of such of any other security. The Borrower agrees to accept the Bank’s accounts in respect of such sale, hire, dealing or otherwise as conclusive proof of the correctness of any sum claimed to be due from the Borrower .In case of any deficit, the deficit amount shall be recovered by the Bank from the Borrower.
4. The Bank may at the risk and cost of the Borrower engage one or more person(s)/entities to collect the Borrower’s outstanding and /or to enforce any security and may furnish to such person the right and authority to perform and execute all acts, deeds, matters and things connected therewith or incidental thereto as the Bank thinks fit.
5. The Borrower hereby agree as a pre-condition of the said credit fa...
Consequences of Default. Upon the occurrence of an Event of Default and at any time thereafter, the entire unpaid principal balance of this Note, together with interest accrued thereon and with all other sums due or owed by the Company hereunder, shall become immediately due and payable. In addition, at the election of ▇▇▇▇▇▇, the principal balance and all past-due interest shall thereafter bear interest at the rate of 18% per annum until paid.
Consequences of Default. If an Event of Default occurs, Miraclon may, in its sole discretion, terminate this Agreement and/or exercise any or all of the following remedies:
3.4.1. cause the Customer, upon written demand of Miraclon and at Customer's expense, to make the Equipment available for removal by Miraclon and Miraclon may retake possession of the Equipment without any court order or other process of law; and
3.4.2. declare, with immediate effect, all sums payable under this Agreement due and recover damages from the Customer; and
3.4.3. terminate any software licenses and provision of services between Miraclon and the Customer; and
3.4.4. exercise any remedy at law or equity, including any right or remedy which may otherwise be available to Miraclon under Applicable Law. The Customer shall pay all collection costs and attorney fees as damages and not as a penalty in all proceedings arising under or in connection with this Agreement or Miraclon's enforcement of any of its terms, including without limitation, arbitrations, civil actions, bankruptcy proceedings, mediation, and post-judgment actions or appeals. ▇▇▇▇▇▇▇▇'s action or failure to act on one remedy constitutes neither an election to be limited thereto nor a waiver of any other remedy nor a release of the Customer from the liability to return the Equipment or for any loss or claim with respect thereto; and nothing herein shall be deemed to prejudice ▇▇▇▇▇▇▇▇'s right to recover or prove damages for unpaid lease accrued prior to default, or ban an action for a deficiency as herein provided; and the bringing of an action with an entry of judgment against the Customer shall not bar ▇▇▇▇▇▇▇▇'s right to repossess any or all Equipment. ▇▇▇▇▇▇▇▇'s remedies shall be available to ▇▇▇▇▇▇▇▇'s successors and assigns, shall be in addition to all other remedies provided by Applicable Law, and may be exercised concurrently or consecutively. Upon possession or surrender of any Equipment, Miraclon may, at its option, retain and operate the Equipment for its own account, or lease, sell or otherwise dispose of the Equipment as it sees fit, with or without prior notice and on public or private bid. The Customer shall in any event remain liable to Miraclon for any deficiency that exists. 4. Risk of Loss, Title, Insurance and Cooperation.
Consequences of Default. If an Event of Default shall occur:
(a) All of the indebtedness secured hereby shall become and be immediately due and payable at the option of the Mortgagee, without notice or demand, which are hereby expressly waived, and the Mortgagee may proceed to foreclose this Mortgage and sell the Property or otherwise pursue any right or remedy herein or by law provided. At the foreclosure, Mortgagee shall be entitled to bid and purchase the Property and shall be entitled to apply the debt secured hereby, or any portion thereof, in payment for the Property.
(b) Irrespective of whether Mortgagee accelerates the maturity of all indebtedness secured hereby, or institutes foreclosure proceedings, Mortgagee shall be entitled to the appointment of a receiver to enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all on such terms as are deemed appropriate to protect the security of this Mortgage. The receiver shall be entitled to a reasonable fee for so managing the Property. All rents collected pursuant to this paragraph shall be applied first to the costs of taking control and managing the Property and collecting the rents, including but not limited to reasonable attorneys' fees, receiver's fees, premiums on receiver's bonds, costs of repair to the Property, premiums on insurance policies, taxes, assessments and other charges on the Property, and the costs of discharging any liability or obligation of Mortgagor as lessor or landlord of the Property and then to the sums secured by this Mortgage. Mortgagee and the receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for those rents actually received. Mortgagee shall not be liable to Mortgagor, anyone claiming under or through Mortgagor, or anyone having an interest in the Property by reason of anything done or left undone by Mortgagee under this paragraph. If the rents of the Property are not sufficient to meet the costs of taking control of and managing the Property and collecting the rents, Mortgagee may at its sole option advance funds to meet the costs. Any funds expended by Mortgagee for such pur...
Consequences of Default. If the Grantee fails to cure all defaults specified in the notice of default within the time periods set forth in paragraph (C)(1) of this Article, or fails to diligently pursue or complete any cure as provided in paragraph (C)(1), HUD may take any of the following remedial actions, upon written notice to the Grantee:
(a) require the Grantee, within a time period established by HUD, to prepare a revised Program Schedule, obtain HUD's approval thereto, and follow such revised Program Schedule to complete the activities under the Revitalization Plan;
(b) require the Grantee, within a time period established by HUD, to revise any activity under the Revitalization Plan in order to successfully complete the activities under the Revitalization Plan in a manner satisfactory to HUD, including, without limitation, exclusion or revision of affected activities, revision of the HOPE VI Budget as necessary, and substitution of other eligible activities;
(c) require submission of additional documentation before any additional request for funds will be approved;
(d) temporarily suspend the Grantee's authority to draw down HOPE VI Grant funds for affected activities, or at HUD's sole discretion for all activities, for not more than ninety (90) days, pending action to cure the defaults;
(e) if, after the 90 days, the default is not cured, then restrict the Grantee's authority to draw down HOPE VI Grant funds under LOCCS by prohibiting payment or reimbursement for all grant activities or, if more appropriate (in HUD's sole discretion), only for those activities affected by the default, for an unspecified period of time pending final action by HUD;
(f) disallow use of HOPE VI Grant funds for all or part of the cost of the activity or action not in compliance;
(g) recover amounts determined by HUD to have been improperly expended, including any property obtained by the Grantee with such grant funds;
(h) require reimbursement by the Grantee for HOPE VI Grant funds determined by HUD to have been improperly expended;
(i) require the Grantee to pay monetary fines in an amount determined by HUD. These fines may be in the form of deductions from the HOPE VI grant funds; and
(j) make arrangements satisfactory to HUD, in its sole discretion, for use of an entity other than the Grantee to carry out activities assisted under the Revitalization Plan.
Consequences of Default. If an Event of Default shall occur, Lender:
7.1 shall have no further obligation to make advances under the Loan Documents; and
7.2 may declare the Note, all interest thereon, and all other amounts payable under this Agreement and any other Loan Document to be forthwith due and payable, whereupon the Note, all such interest, and all such amounts shall become and be forthwith due and payable, without presentment, demand, protest, or further notice of any kind, all of which are hereby expressly waived by Borrower.
Consequences of Default. If the Borrower is in default then BMW may enforce the security interest, and may, in addition to all other remedies, repossess the Vehicle and deal with the Vehicle as provided for in the Act or PPSA as applicable or appoint any person or persons to be a receiver of the Vehicle. In addition to, and without limiting or affecting, any other powers and authorities conferred on a receiver (whether under the Receiverships Act 1993 or at law or otherwise), a receiver has the power to do all things in relation to the Vehicle as if the receiver had absolute ownership of the Vehicle.
Consequences of Default. Upon the occurrence of any Event of Default, as defined in the Revenue Sharing Agreement:
6.1 Any unpaid amounts under section 2 shall bear interest at one and one-quarter percent (1.25%) per month;