DEFAULT AND REMEDIES     86 Sample Clauses

DEFAULT AND REMEDIES     86. SECTION 12.1 Events of Default 86 SECTION 12.2 Remedies 88 SECTION 12.3 Rights and Remedies Cumulative; Non-Waiver; etc. 89 SECTION 12.4 Crediting of Payments and Proceeds 89 SECTION 12.5 Administrative Agent May File Proofs of Claim 90 SECTION 13.1 Appointment and Authority 91 SECTION 13.2 Rights as a Lender 91 SECTION 13.3 Exculpatory Provisions 91 SECTION 13.4 Reliance by the Administrative Agent 92 SECTION 13.5 Delegation of Duties 93 SECTION 13.6 Resignation of Administrative Agent 93 SECTION 13.7 Non-Reliance on Administrative Agent and Other Lenders 94 SECTION 13.8 No Other Duties, etc. 94 SECTION 13.9 Guaranty Matters 94 SECTION 13.10 Release of Guarantees of Subsidiaries 95 SECTION 13.11 Specified Hedge Agreements 95 SECTION 14.1 Notices 95 SECTION 14.2 Amendments, Waivers and Consents 98 SECTION 14.3 Expenses; Indemnity 100 SECTION 14.4 Right of Set Off 101 SECTION 14.5 Governing Law; Jurisdiction, Etc. 102 SECTION 14.6 Waiver of Jury Trial 103 SECTION 14.7 Reversal of Payments 103 SECTION 14.8 Injunctive Relief; Punitive Damages 103 SECTION 14.9 Accounting Matters 104 SECTION 14.10 Successors and Assigns; Participations 104 SECTION 14.11 Confidentiality 108 SECTION 14.12 Performance of Duties 109 SECTION 14.13 All Powers Coupled with Interest 109 SECTION 14.14 Survival 109 SECTION 14.15 Titles and Captions 109 SECTION 14.16 Severability of Provisions 109 SECTION 14.17 Counterparts; Integration; Effectiveness; Electronic Execution 110 SECTION 14.18 Term of Agreement 110 SECTION 14.19 USA Patriot Act 110 SECTION 14.20 [Intentionally Omitted] 110 SECTION 14.21 [Intentionally Omitted] 110 SECTION 14.22 [Intentionally Omitted] 110 SECTION 14.23 Inconsistencies with Other Documents 111
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Related to DEFAULT AND REMEDIES     86

  • Default and Remedies Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract.

  • Events of Default and Remedies (a) Any one or more of the following events which shall have occurred and be continuing shall constitute an event of default ("Event of Default"): (i) Default in the payment of interest upon this Note, as and when the same shall become due; or (ii) Default in the payment of the principal of this Note, as and when the same shall become due; or (iii) Default in the payment of any other obligation of the Company in an amount in excess of $100,000; or (iv) The Company shall fail to perform or observe any affirmative covenant contained in this Note and such Default, if capable of being remedied, shall not have been remedied ten (10) days after written notice thereof shall have been given by the Holder to the Company; or (v) The Company or any subsidiary (A) shall institute any proceeding or voluntary case seeking to adjudicate it bankrupt or insolvent, or seeking dissolution, liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of any order for relief or the appointment of a receiver, trustee, custodian or other similar official for such the Company or any subsidiary or for any substantial part of its property, or shall consent to the commencement against it of such a proceeding or case, or shall file an answer in any such case or proceeding commenced against it consenting to or acquiescing in the commencement of such case or proceeding, or shall consent to or acquiesce in the appointment of such a receiver, trustee, custodian or similar official; (B) shall be unable to pay its debts as such debts become due, or shall admit in writing its inability to apply its debts generally; (C) shall make a general assignment for the benefit of creditors; or (D) shall take any action to authorize or effect any of the actions set forth above in this subsection 3 (iv); or

  • Events of Default Rights and Remedies on Default 56 11.1. Events of Default. 56 11.2. Acceleration of the Obligations; Termination of Commitments. 59 11.3. Other Remedies. 60 11.4. Setoff. 61 11.5. Remedies Cumulative; No Waiver. 62 SECTION 12. AGENT 62 12.1. Appointment, Authority and Duties of Agent. 62 12.2. Agreements Regarding Collateral. 64 12.3. Reliance By Agent. 64

  • Defaults and Remedies Section 6.01.

  • RIGHTS AND REMEDIES ON DEFAULT If an Event of Default occurs under this Agreement, at any time thereafter, Lender may exercise any one or more of the following rights and remedies: Accelerate Indebtedness. Declare all Indebtedness, including any prepayment penalty which Grantor would be required to pay, immediately due and payable, without notice of any kind to Grantor.