Common use of Consequences of Default Clause in Contracts

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. 12.2.1. 9.2.1 The Borrower agrees and acknowledges that the following consequences shall forthwith ensue upon the occurrence of an Event of Default and the Bank shall be entitled to exercise the following rights and powersDefault: 12.2.1.1. (a) Repayment of the Facility Loan shall be accelerated and all amounts due including the entire amount of the Loan 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 Lender and the Guarantee(s) executed (if any) Security created in favour of the Lender shall become 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 Lender to demand repayment of the Facility Loan and all monies due and payable by the Borrower under this Agreement; ▇▇.▇.▇.▇. ▇▇ (b) In addition to the above, the Bank Lender shall be entitled to adopt criminal and/or and/ or civil proceedings against the Borrower/Guarantor(s), including but not limited to, action to for dishonour of cheques under Section 138 of the Negotiable Instruments ActAct with the recent amendment. (c) The Lender shall be entitled, 1881without any prior or further notice to disclose to the Reserve Bank of India, as may be amended from time to time;Credit Information Bureau (India)Ltd. or any other authority or any other third person, the name/identity of the Borrower and the fact of the Borrower having committed the act of default with full details thereof. 12.2.1.3. (d) The Bank Lender shall also be entitled to communicate in sell and dispose of the Security and appropriate the proceeds thereof. The Borrower shall not raise any manner it may deem fit objection to the regularity of any sale or with any person(s), with a view to receiving assistance of such person(s) in recovering other disposition made by the defaulted amounts including but not limited to entering upon the Property, taking possession of it and enforcing the SecurityLender. 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 partners 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. 12.2.1. 13.2.1 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 (a) 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 outstanding amounts under the Facility and all monies due and payable by the Borrower under this Agreement; ▇▇.▇.▇.▇. ▇▇ (b) The Bank shall be entitled to immediately cancel the Facility whereafter the Borrower shall not be entitled to draw any amounts under the Facility; (c) In 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. (d) 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. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon the occurrence of If an Event of Default described in Section 9.1(f) or 9.1(g) shall occur and be continuing, then in any such case, the Commitments shall be immediately terminated and, if any Loans shall have been made, the principal of and interest on the Loans shall become immediately due and payable, if any Drafts have been accepted, all outstanding Acceptance Advances shall become immediately due and payable, and if any Letter of Credit has been issued, an amount equal to the Letter of Credit Usage shall become immediately due and payable all without notice or demand of any kind. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, the Agent may, and shall upon the request of Majority Lenders, immediately terminate the Commitments, and if Loans shall have been made, the Agent may, and shall upon the request of Majority Lenders, declare the principal of and the Bank shall be entitled to exercise interest on the following rights and powers: 12.2.1.1. Repayment of the Facility shall be accelerated Loans 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 other sums payable by the Borrower hereunder or under any other Loan Document to be immediately due and payable, if any Drafts have been accepted, the Agent may, and shall upon the request of Majority Lenders, declare the outstanding Acceptance Advances immediately due and payable, and if any Letter of Credit has been issued the Agent may, and on the request of Seafirst, shall declare an amount equal to the Bank and the Guarantee(s) executed (if any) shall forthwith become enforceable in accordance with the terms Letter 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 Credit Usage immediately due and payable by whereupon the same shall become immediately due and payable all without protest, presentment, notice, or demand, all of which the Borrower expressly waives. Amounts paid or received hereunder in respect of issued and outstanding Letters of Credit which exceed amounts paid by Seafirst or a Seafirst Affiliate under such Letters of Credit shall be held (and applied) as cash collateral to secure the performance of all obligations of the Borrower owing to Seafirst and any Seafirst Affiliate in respect of Letter of Credits. Agent shall use its best efforts to provide same day notice of acceleration to Borrower, provided, however, that failure to give such notice shall not affect the rights of the Agent and Lenders hereunder. The Agent and Lenders may exercise or pursue any remedy or cause of action permitted by this Agreement; ▇▇.▇.▇.▇. ▇▇ addition to the above, the Bank shall be entitled to adopt criminal and/or civil proceedings against the Borrower/Guarantor(s)Notes, 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; 12.2.1.3any other Loan Document or applicable law. The Bank rights and remedies provided by law, this Agreement, the Notes, and the other Loan Documents are cumulative and not exclusive, and the exercise or partial exercise of any right, power or remedy hereunder or thereunder 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 preclude any other securityor further exercise thereof or the exercise of any other right, present power 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 hereunderremedy.

Consequences of Default. 12.2.110.1. At any time after an event of default has occurred, which is continuing, we may: 10.1.1. terminate the Campaign as provided herein; 10.1.2. declare any outstanding facility (inclusive all interest, fees and charges) and all other amounts outstanding under this Agreement is immediately due and payable, whereupon you shall be required to settle the Facility immediately; 10.1.3. hold any of your funds standing in credit with NCBA as collateral and security for any amounts outstanding and due from you in respect of any Facility or Campaign. You hereby agree and confirm that we are entitled in our discretion to prevent or restrict you from withdrawing in whole or in part the funds in your account(s) for so long as and to the extent of the amount outstanding in respect of you facility without any notice to you and/or incurring any liability to you whatsoever in that connection; and 10.1.4. have a right of lien and set off over funds held by you in any of your accounts with NCBA. We may, without notice, set off against any amount due from any other account whether current, loan, or loans or any other type of account. A right of lien and setoff shall exist over savings and mobile saving accounts. 10.2. The Borrower agrees foregoing notwithstanding, NCBA may, upon notice to you, set off your account against any other account or indebtedness in respect of which you are liable. 10.3. We may submit information concerning the default to Credit Reference Bureaus as required under the Banking Act or any other regulatory body. 10.4. You shall meet and acknowledges that the following consequences shall ensue upon the occurrence further reimburse us on demand (and on a full indemnity basis and from all liabilities arising from any delays or omissions occasioned by you) all costs, charges and expenses (including legal or recovery charges demanded from or incurred by us after giving a seven (7) days’ notice) incurred by us in suing for or recovering any sum due to us under this Agreement or otherwise in protecting or enforcing our rights under this Agreement, save as may otherwise be directed by any competent court of an Event of Default law, 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 “expenses” shall be deemed to affect or prejudice the rights or powers of the Bank include any sums which would be allowed to demand repayment of the Facility us in a taxation as between advocate and all monies due and payable by the Borrower under own client. The charges in this Agreement; ▇▇.▇.▇.▇. ▇▇ addition to the above, the Bank clause shall be entitled to adopt criminal and/or civil proceedings against as provided for in the Borrower/Guarantor(s), including but not limited to, action for dishonour of cheques under Section 138 of the Negotiable Instruments Advocates Act, 1881, as may be amended Auctioneers Act or any other prevailing law in the Republic of Kenya from time to time;. Failure to pay these amounts on their due dates or on demand date as applicable, the bank reserves the right to debit the same together with any interest accrued on the amounts from any of your accounts. 12.2.1.310.5. The Bank exercise by us of any rights under this clause shall also be entitled without prejudice to communicate in any manner it may deem fit to other rights or with any person(s), with a view to receiving assistance of such person(s) in recovering the defaulted amounts remedies (including but not limited to entering upon the Propertyset-off) to which we are otherwise entitled (by operation of law, taking possession of it and enforcing the Security. Nothing herein contained shall prejudice any other securitycontract, 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 hereunderotherwise).

Consequences of Default. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon the occurrence of an (a) If a Subordinated Debt Event of Default shall occur and be continuing, Lender may, subject to the terms of the Subordination Agreement and the Bank shall be entitled to exercise the following rights terms and powers: 12.2.1.1. Repayment conditions of the Facility shall be accelerated and all amounts due Senior Credit Agreements (including Section 6.01), by Notice to Borrower, (i) terminate its undertaking to make Disbursements hereunder; (ii) declare the entire amount of the outstanding Borrower’s Dues Loan, together with accrued interest and all accrued Interest due other sums payable thereon, irrespective to be immediately due and payable; (iii) apply all amounts on deposit with or otherwise in the possession of schedule Lender in payment or prepayment of repayment all amounts payable hereunder and under the Notes; or (iv) take one or more of the preceding actions. (b) In the event that the Loan 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 acceleration as provided above, the Bank Loan, together with accrued interest and other sums payable thereon, shall, upon the giving of such Notice by Lender but subject to the terms of the Subordination Agreement and the terms and conditions of the Senior Credit Agreements (including Section 6.01 thereof), become immediately due and payable without presentment, demand, protest or notice of any kind other than the Notice specifically required by this Section, all other notice being expressly waived by Borrower. If a Subordinated Debt Event of Default shall occur, it may be waived by Notice form Lender; however, any such waiver shall be entitled subject to adopt criminal and/or civil proceedings against the Borrower/Guarantor(s), including but not limited to, action for dishonour of cheques Lender's rights under Section 138 8.2. (c) Borrower shall pay to Lender, and shall indemnify and hold Lender harmless from, all costs and expenses incurred by Lender as a result 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 any permitted accelerated payments in any manner it may deem fit to or accordance 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 hereunderthis Section 7.2.

Consequences of Default. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon the occurrence of an If any Event of Default occurs, then: a) the Unpaid Balance, will, notwithstanding any delay or previous waiver of the right to exercise the option to require repayment, immediately become due and payable without the Bank necessity for any demand or notice to the Borrower; b) the security interests granted by you under the Agreement will become immediately enforceable and, in respect of Collateral: i) where the Collateral is consumer goods, FFNZ shall be entitled to repossess and sell the Collateral in accordance with the CCCFA, but subject to the Borrower’s rights under Part 3A of the CCCFA; ii) where the Collateral is not consumer goods, FFNZ shall be entitled to exercise any of the following rights and powersconferred on FFNZ under Part 9 of the PPSA or any of the rights FFNZ may have under the Agreement or at law; c) FFNZ may: 12.2.1.1. Repayment of i) impose the Facility shall be accelerated default fees and all amounts due including charges as set out under the entire amount of heading “Default Interest Charges and Default Fees” in the outstanding Borrower’s Dues and all accrued Interest due thereon, irrespective of schedule of repayment shall become forthwith payable Initial Disclosure Statement; ii) appoint a debt collector to recover the Unpaid Balance; iii) seek to enforce the guarantee given by the Borrower to the Bank and the Guarantee(s) executed Guarantor (if any) shall forthwith become enforceable in accordance with under the terms Agreement; iv) seek judgement from a court; v) if the Borrower is a company, make statutory demand from you from the court; or vi) appoint a receiver and/or administrator for the purposes of this Agreement and recovering the Transaction Documents and nothing herein contained Unpaid Balance. d) FFNZ shall be deemed entitled, without notice to affect or prejudice the rights or powers of Borrower, to terminate the Bank service to demand repayment of the Facility and all monies due and payable by the Borrower under this the Agreement; ▇▇.▇.▇.▇. ▇▇ addition , and the Agreement itself, and to exercise all of its rights and remedies against the aboveBorrower under the Agreement and under any securities, including the Bank shall be entitled to adopt criminal and/or civil institution of 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. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon the occurrence of (a) If an Event of Default shall occur and be continuing beyond any grace period permitted therefor as set forth above, the Bank shall be entitled Lenders by notice to exercise the following rights and powers: 12.2.1.1. Repayment of the Facility shall be accelerated and all amounts due including Company may declare the entire amount of the outstanding Borrower’s Dues Note together with accrued interest and all accrued Interest other amounts payable hereunder and under any of the other Loan Documents to be immediately due thereon, irrespective of schedule of repayment shall become forthwith payable by and payable. (b) In the Borrower to event 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 Note shall be deemed to affect declared or prejudice the rights or powers of the Bank to demand repayment of the Facility and all monies become due and payable by acceleration as provided above, the Borrower Note, accrued interest thereon and all sums payable under this Agreement;, the Note and under the other Loan Documents shall become immediately due and payable without presentment, demand, protest or notice of any kind other than the notice specifically required by Section 8.2(a), all other notice being expressly waived by the Company. ▇▇.▇.▇.▇. ▇▇ addition (c) If an Event of Default specified under Sections 8.1(e), (f), (g), or (h) above shall occur, the unpaid principal amount of the Loans then outstanding and all interest accrued thereon, any unpaid fees and all other Obligations of the Loan Parties to the aboveLender hereunder and thereunder shall be immediately due and payable, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived. (d) Upon the occurrence and during the continuance of an Event of Default, the Bank Lenders shall be entitled to, at the option of the Majority Noteholders, exercise any or all of the rights and remedies available to adopt criminal and/or civil proceedings against a secured party under the Borrower/Guarantor(sUCC or any other applicable law (including laws of Israel), including but and exercise any or all of its rights and remedies provided for in this Agreement and in any other Loan Document. The Obligations under this Agreement or any of the other Loan Documents shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any Obligations is rescinded or must otherwise be returned by any of the Lenders upon, on account of, or in connection with, the insolvency, bankruptcy or reorganization of the Company or the Parent Guarantor (as applicable) or otherwise, all as though such payment had not limited been made. (e) Upon the occurrence and during the continuance of an Event of Default, the Majority Noteholders may sell all or any part of the Collateral, at public or private sales, to the Lenders, a wholesaler, retailer or investor, for cash, upon credit or for future delivery, and at such price or prices as Majority Noteholders may deem commercially reasonable, provided, that the Lenders shall comply with all laws, rules and regulations applicable to, action for dishonour and all orders and directives of cheques any governmental or regulatory authority having jurisdiction over, the Company or the Parent Guarantor (as applicable) or the Collateral. To the extent permitted by law, the Company hereby specifically waives all rights of redemption and any rights of stay or appraisal which it has or may have under Section 138 of the Negotiable Instruments Act, 1881, as may be amended any applicable law in effect from time to time; 12.2.1.3. Any such public or private sales shall be held at such times and at such place(s) as the Majority Noteholders may determine. In case of the sale of all or any part of the Collateral on credit or for future delivery, the Collateral so sold may be retained by the Lenders until the selling price is paid by the purchaser, but the Lenders shall not incur any liability in case of the failure of such purchaser to pay for the Collateral and, in case of any such failure, such Collateral may be resold. The Bank shall also be entitled Lenders may, instead of exercising their power of sale, proceed to communicate enforce the security interest in any manner it may deem fit to the Collateral by seeking a judgment or with any person(s), with decree of a view to receiving assistance court 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 hereundercompetent jurisdiction.

Consequences of Default. 12.2.1It any of the Events of Default described in Section 8.01(h) or Section 8.01(i) shall occur, the Total Commitment and the Lenders' respective commitments shall immediately terminate, the principal of and the interest on the Loans and all other sums payable by Borrower hereunder and under the Committed Loan Notes and Competitive Bid Loan Notes shall become immediately due and payable all without protest, presentment, notice or demand, all of which the Borrower expressly waives. The If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, the Agent shall at the request, or may with the consent, of the Majority Lenders immediately terminate the Total Commitment and the Lenders' respective Commitments and, if Loans shall have been made, the Agent shall at the request, or may with the consent, of the Majority Lenders declare the principal of and the interest on the Loans, the Committed Loan Notes and the Competitive Bid Loan Notes and all other sums payable by the Borrower agrees hereunder or thereunder to be immediately due and acknowledges that payable, whereupon the following consequences same shall ensue upon become immediately due and payable all without protest, presentment, notice, or demand, all of which the occurrence Borrower expressly waives. If any Lender of a Competitive Bid Loan shall suffer an Event of Default under subsection 8.01(a) due to the Borrower's failure to pay any amount of principal on or interest of any Competitive Bid Loan made by such Lender, such Lender may send a written request to the Agent to obtain approval of the Majority Lenders to terminate the Total Commitment and the Bank shall be entitled Lenders' respective Commitments, to exercise declare the following rights principal of and powers: 12.2.1.1. Repayment of the Facility shall be accelerated interest on the Loans, the Committed Loan Notes and the Competitive Bid Loan Notes 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 other sums payable by the Borrower hereunder or thereunder 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.immediately

Consequences of Default. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon the occurrence of 10.3.1 Where an Event of Default has occurred, the Facility extended by the Banks to the Borrower shall immediately be suspended, and may not be drawn upon except with the consent of the Majority Banks (at which time the Agent shall notify the Borrower); where the Majority Banks resolve that repayment by the Borrower shall be pursued and the Bank Agent is instructed in writing to do so, the Agent shall be entitled to exercise immediately take the following rights and powerssteps in accordance with the written instructions of the Majority Banks: 12.2.1.1. Repayment (a) notify the Borrower in writing, announcing that all outstanding amounts of the Facility shall be accelerated loan principal advanced, interest 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 any other payments payable by the Borrower to any Bank and/or the Bank Agent under this Agreement shall fall due immediately (at which time the Borrower shall immediately repay all of the aforementioned amounts); and/or (b) exercise its rights as against the Mortgaged Objects and the Guarantee(s) executed (if any) shall forthwith become enforceable in accordance with various benefits and interests under the terms of this Agreement and the Transaction Documents and nothing herein contained shall be deemed to affect or prejudice the rights or powers Assignment Agreement, so that proceeds from disposal of the Bank relevant Mortgaged Objects may be used to demand repayment of the Facility and all monies due repay any amounts outstanding and payable by the Borrower in accordance with the provisions of this Agreement; and/or (c) exercise the rights of the Agent under the Note issued under this Agreement; ▇▇.▇.▇.▇, and claim against the Borrower for payment; and/or (d) pursue the Guarantor for repayment in accordance with the provisions of the Letter of Guarantee; and/or (e) exercise any other rights granted by law, this Agreement, the Security Documents or any other relevant agreement and document; without being required to issue any further letters of demand, certificate of refusal or any notice unless otherwise provided for in this Agreement. ▇▇ addition The Borrower and the Guarantor hereby agrees to waive any and all rights to require any Bank or the Agent to issue such letter of demand, certificate of refusal or notice, 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 maximum extent that 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 waiver is permissible by the Borrower to the Bank hereunderlaw.

Consequences of Default. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon the occurrence of If an Event of Default described in Section 8.1(f) or 8.1(g) shall occur and be continuing, then in any such case, the Bank Commitments shall be entitled to exercise immediately terminated and, if any Loans or Letters of Credit shall have been made or issued, the following rights principal of and powers: 12.2.1.1. Repayment interest on the Loans, the face amounts of the Facility shall be accelerated all issued and outstanding Letters of Credit, and all amounts due including other sums payable by Borrower under the entire amount of the outstanding Borrower’s Dues and all accrued Interest due thereon, irrespective of schedule of repayment Loan Documents 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 immediately due and payable all without notice or demand of any kind. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, (i) Agent shall at the request, or may with the consent, of the Majority Lenders immediately terminate the Commitments, and, if any Revolving Loans or Letters of Credit shall have been made or issued, Agent shall at the request, or may with the consent, of the Majority Lenders declare the principal of and the interest on the Revolving Loans, the face amounts of all issued and outstanding Letters of Credit, and all other sums payable by the Borrower under this Agreement; ▇▇.▇.▇.▇. ▇▇ addition the Loan Documents with respect to such Revolving Loans and Letters of Credit immediately due, whereupon the abovesame shall become immediately due and payable all without protest, presentment, notice or demand, all of which Borrower expressly waives, and (ii) Agent shall at the Bank shall be entitled to adopt criminal and/or civil proceedings against request, or may with the Borrower/Guarantor(s)consent, including but not limited to, action for dishonour of cheques under Section 138 of the Negotiable Instruments ActSweepline Bank or Multi-Currency Bank, 1881terminate the Sweepline Commitment and the Multi-Currency Commitment, as may be amended from time applicable, and declare the principal of and the interest on the Sweepline Loans and the Multi-Currency Loans, and all other sums payable by Borrower under the Loan Documents with respect to time; 12.2.1.3. The Bank such Sweepline Loans and Multi-Currency Loans immediately due, whereupon the same shall also be entitled to communicate in any manner it may deem fit to become immediately due and payable all without protest, presentment, notice or with any person(s)demand, with a view to receiving assistance all 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 which Borrower to the Bank hereunderexpressly waives.

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 (Borrower Signature) (Co-borrower(s) Signature) 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. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon the occurrence of If an Event of Default described in Section 8.1(f) or 8.1(g) shall occur and be continuing, then in any such case, the Bank Commitments shall be entitled to exercise immediately terminated and, if any Loans or Letters of Credit shall have been made or issued, the following rights principal of and powers: 12.2.1.1. Repayment interest on the Loans, the face amounts of the Facility shall be accelerated all issued and outstanding Letters of Credit, and all amounts due including other sums payable by Borrower under the entire amount of the outstanding Borrower’s Dues and all accrued Interest due thereon, irrespective of schedule of repayment Loan Documents 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 immediately due and payable all without notice or demand of any kind. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, (i) Agent shall at the request, or may with the consent, of the Majority Lenders immediately terminate the Commitments, and, if any Revolving Loans or Letters of Credit shall have been made or issued, Agent shall at the request, or may with the consent, of the Majority Lenders declare the principal of and the interest on the Revolving Loans, the face amounts of all issued and outstanding Letters of Credit, and all other sums payable by the Borrower under the Loan Documents with respect to such Revolving Loans and Letters of Credit immediately due, whereupon the same shall become immediately due and payable all without protest, presentment, notice or demand, all of which Borrower expressly waives, and (ii) Agent shall at the request, or may with the consent, of the Sweepline Bank or Multi-Currency Bank, terminate the Sweepline Commitment and the Multi-Currency Commitment, as applicable, and declare the principal of and the interest on the Sweepline Loans and the Multi-Currency Loans, and all other sums payable by Borrower under the Loan Documents with respect to such Sweepline Loans and Multi-Currency Loans immediately due, whereupon the same shall become immediately due and payable all without protest, presentment, notice or demand, all of which Borrower expressly waives. Regardless of whether Borrower's obligations to repay the Loans and Letters of Credit have been accelerated pursuant to the preceding sentences, Agent shall at the request, or may with the consent, of the Majority Lenders realize on any or all of the Collateral by exercising any remedies provided in any Security Document or otherwise provided by law. Amounts paid or received hereunder in respect of issued and outstanding Letters of Credit which exceed amounts paid by Agent under such Letters of Credit shall be held (and applied) as cash collateral to secure the performance of all obligations of Borrower owing to Agent and Lenders hereunder and under the other Loan Documents. Agent and Lenders may exercise or pursue any remedy or cause of action permitted by this Agreement; ▇▇.▇.▇.▇. ▇▇ addition to the above, the Bank shall be entitled to adopt criminal and/or civil proceedings against the Borrower/Guarantor(s)Notes, 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; 12.2.1.3and any other Loan Document or applicable law. The Bank rights and remedies provided by law, this Agreement, the Notes and the other Loan Documents are cumulative and non exclusive, and the exercise or partial exercise of any right, power or remedy hereunder 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 preclude any other securityor further exercise thereof or the exercise of any other right, present power 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 hereunderremedy.

Consequences of Default. 12.2.1. The Borrower agrees and acknowledges that the following consequences shall ensue upon Upon the occurrence of an Event any of Default the events of default as set forth in this Contract and if the Bank shall be entitled cause of default is not cured within Thirty (30) calendar days from receipt of a written notice of such default or from the posting of the written notice of such default in the LEASED PREMISES, the LESSOR shall, in addition to exercise other remedies as maybe prescribed by law, have the following rights and powersrights: 12.2.1.116.1 To terminate this Contract, and to immediately repossess the LEASED PREMISES without the necessity of instituting any judicial action. Repayment In this connection, the LESSEE hereby grants unto the LESSOR full power and authority to take possession of the Facility shall be accelerated LEASED PREMISES 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 do 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, perform such acts as may be amended from time necessary 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)take possession, with a view to receiving assistance of such person(s) in recovering the defaulted amounts including but not limited to entering upon into the PropertyLEASED PREMISES, taking possession padlocking the LEASED PREMISES, cutting off utilities and services, and such other steps designed to enable the LESSOR effectively repossess the LEASED PREMISES; 16.2 To demand and receive from the LESSEE payment for any and all unpaid rentals, utility charges, and other financial obligations stipulated in or arising out of it this Contract; 16.3 To demand and enforcing receive from the Security. Nothing LESSEE payment for the rentals, utility and other charges set forth herein contained shall prejudice any other security, present or future corresponding to the un-expired portion of the Lease Period or any right extension or remedy available to the Bank against the Borrowerrenewal thereof; 16.4 To take possession of, their partnersand sell at public or private sale, Guarantor/s or other persons liable to pay or contribute towards the recovery any and all properties of the moneys due by LESSEE found in the Borrower LEASED PREMISES and to apply the Bank hereunderproceeds thereof in payment of any unpaid accounts of the LESSEE; and, 16.5 To automatically forfeit in its favor, the Deposit referred to in Paragraph 4 hereof.

Consequences of Default. 12.2.1. The 7.2.1 If any of the Events of Default described in Section 7.1.8 or Section 7.1.9 shall occur: (a) the Total Commitment and the Lenders' respective Commitments shall immediately terminate, and the principal of and the interest on the Loans and all other sums payable by Borrower agrees hereunder, under the Notes and acknowledges that under the following consequences other Loan Documents shall ensue upon become immediately due and payable, all without protest, presentment, notice or demand, all of which the occurrence of an Borrower expressly waives. 7.2.2 If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing: (a) the Agent (i) shall, at the request of the Majority Lenders, or (ii) may, with the consent of the Majority Lenders, immediately terminate (by written notice to the Borrower) the Total Commitment and the Bank Lenders' respective Commitments, and (b) if Loans shall be entitled to exercise have been made, the following rights and powers: 12.2.1.1. Repayment Agent (i) shall, at the request of the Facility shall be accelerated Majority Lenders, or (ii) may, with the consent of the Majority Lenders, declare (by written notice to the Borrower) the principal of and the interest on the Loans and the Notes 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 other sums payable by the Borrower hereunder or under the Notes or any other Loan Document to be immediately due and payable, whereupon the same shall become immediately due and payable, all without protest, presentment, notice, or demand, all of which the Borrower expressly waives. In addition, regardless of whether the Borrower's obligations to repay the Loans shall have been accelerated pursuant to the Bank and preceding sentences, the Guarantee(s) executed (if any) shall forthwith become enforceable in accordance with Agent may, at its option, realize on any or all of the terms of this Agreement and the Transaction Documents and nothing herein contained shall be deemed to affect or prejudice the Collateral by exercising any rights or powers of remedies provided in 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 Security Agreement or in any manner it may deem fit to other Loan Document 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 otherwise 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 hereunderunder applicable law.

Consequences of Default. 12.2.1. The Borrower agrees (a) In the event of Your Default (such as any Fees becoming overdue or You failing to comply with Your obligations under clause 4) under this Agreement, We may (but are not obliged to), without any liability to You for any loss or damage and acknowledges that without limiting any other rights under this Agreement (including the right of termination), take any of the following consequences shall ensue upon Default Actions: (1) apply the occurrence Security Deposit in respect of an Event any Incurred Fees as provided in sub-clause 3(a)(1); (2) deny You access to the Space and/or the Facility until the Default is remedied, including by applying a padlock or other device to the Space; (3) claim a contractual lien over all Your Goods (Contractual Lien) and You agree to grant us the Contractual Lien; (4) access the Space, by force if necessary, take possession of the Goods stored in the Space (noting that, for the purposes of the PPSA, We are deemed to be in possession of the Goods stored in the Space [from the moment We exercise our rights pursuant to this clause]); (5) report You to, without limitation, StorerCheck, debt collection agency, credit reporting agency, law enforcement agency or government authority as applicable (subject to Our Privacy Policy and Privacy Collection Statement); (6) not earlier than on expiry of 42 days since the date of Your Default and upon giving You no less than 14 days’ notice (to allow You to rectify Your Default if it is rectifiable): (A) sell the Bank shall be entitled Goods in one or more lots by private arrangement or public auction (whether conducted online or in person), subject to exercise any superior rights of third parties under the following rights and powers:PPSA; and/or 12.2.1.1. Repayment (B) dispose of the Facility shall Goods in whole or in part, in any manner We deem fit, where the Goods remain unsold after being offered for sale or are unsaleable for any reason (including posing a health and safety risk) or appear of insufficient value to warrant a formal sale process. This sub-clause 13(a)(6) will only apply to the extent the relevant Uncollected Goods Legislation allows parties to contract out of it. (b) In respect of sub-clause 13(a)(6): (1) If We believe it is a health and safety risk to conduct an inventory of the Goods, We may take the Default Action under paragraph (B) without undertaking such an inventory. In such circumstances, We will not open any boxes or bags in which Your Goods are contained and will dispose of all Goods unopened. (2) Any funds We recover from the sale will be accelerated and all amounts due applied to pay any Fees You owe Us, including the entire amount Default Action Costs. In the event of excess funds, We will endeavour to return any balance to You within 30 days from the outstanding Borrower’s Dues and all accrued Interest due thereondate of finalising Your Account. However, irrespective of schedule of repayment shall become forthwith payable by where We cannot locate You or Your ACP using the Borrower to the Bank contact details provided and the Guarantee(s) executed (if any) shall forthwith become enforceable excess funds are determined to be unclaimed monies under the relevant Uncollected Goods Legislation, we will act 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 requirements of the Bank relevant legislation. (c) You consent to demand repayment any Default Action being taken under this clause 13, regardless of the Facility nature or value of Your Goods and agree not to impede or cause any obstruction to enforcement of Our rights (other than remedying Your Default). (d) Your Default under one agreement with Us will constitute a Default under all monies due agreements between You and payable by the Borrower under Us and will entitle Us to take a Default Action in accordance with this Agreement; ▇▇clause 13 (Consequences of Default) as if it applies mutatis mutandis ((i.e. with making necessary alterations) to each of Your agreements with Us.▇.▇.▇. ▇▇ 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. 12.2.110.2.1. 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 followingrights and powers: 12.2.1.1. a) 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; ▇▇.▇.▇.▇. ▇▇ b) In 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. c) The Bank shall also be entitled to communicate in any manner it may deem fit to or with orwith any person(s), with a view aview 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. . d) 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.