Common use of EFFECT OF AN EVENT OF DEFAULT Clause in Contracts

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will become due and payable, only after Borrower has exhausted all remedies under its Right to Cure section as referenced above, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.

Appears in 2 contracts

Sources: Business Loan Agreement (Applied Optoelectronics, Inc.), Business Loan Agreement (Applied Optoelectronics, Inc.)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately sums owing in connection with the Loans, including all pnncipal, interest, and all other fees, costs and charges, if any, will become immediately due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced aboveBorrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall shali have all the rights nghts and remedies provided remea~es provioed in the Related Documents or available at law, in equity, or otherwiseotnerwise. Except as may be prohibited by applicable applicaole law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's right nght to declare a default and to exercise its rights nghts and remedies.

Appears in 1 contract

Sources: Business Loan Agreement (Colonial Downs Holdings Inc)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will become due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced aboveBorrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

Appears in 1 contract

Sources: Loan Agreement (Eco Soil Systems Inc)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately Immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately will become due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced aboveBorrower, except that in the case of an Event of Default of the type described in the "Insolvency" '; subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, equity or otherwise. Except as may be prohibited by applicable law, all of Lender's rights and and, remedies shall be cumulative and may be exercised singularly or concurrently. , Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall shall' not affect Lender's right to declare a default and to exercise its Its rights and remedies. CASH FLOW. The words "Cash Flow" mean the sum of net income after tax and exclusive of extraordinary gains, plus depreciation, amortization and interest expense minus dividends and distributions.

Appears in 1 contract

Sources: Business Loan Agreement (Amphastar Pharmaceuticals, Inc.)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately sums owing in connection with the Loans, including all principal, interest, and all other fees, costs and charges, if any, will become immediately due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced aboveBorrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:

Appears in 1 contract

Sources: Business Loan Agreement (Spurlock Industries Inc)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, in its sole and absolute discretion, all Indebtedness Obligations immediately will become due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced abovethe Borrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optionaloptional (but subject to the terms of the Intercreditor Agreement, and in the event of any ambiguity or conflict between the provisions of this Section 5.2 and the Intercreditor Agreement, the terms of the Intercreditor Agreement shall control). In addition, Lender shall have all the rights and remedies provided in the Related Documents Documents, the Intercreditor Agreement, or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender L▇▇▇▇▇ to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor Loan Party shall not affect the Lender's right to declare a default and to exercise its rights and remedies.

Appears in 1 contract

Sources: Equity and Business Loan Agreement (NKGen Biotech, Inc.)

EFFECT OF AN EVENT OF DEFAULT. If any In addition to the remedies provided in the Note upon the occurrence of a default thereunder, an Event of Default hereunder shall occur, except have the following effects. Except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements)at the sole option and discretion of Lend er terminate, and, at Lender's option’s sole option and discretion, all Indebtedness immediately will become due and payablepay able, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced above, except that in Borrower. In the case of an Event of Default of the type described in the "“Death, Dissolution or Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equityequ ity, or otherwise. Except as may be prohibited by applicable law, all of Lender's ’s rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's ’s right to declare a default and to exercise its rights and remedies.

Appears in 1 contract

Sources: Business Loan Agreement (Harrow Health, Inc.)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will BUSINESS LOAN AGREEMENT (Continued) ================================================================================ terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's Lenders option, all Indebtedness immediately will become due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced aboveBorrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's Lenders rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.

Appears in 1 contract

Sources: Change in Terms Agreement (Integrated Packaging Assembly Corp)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occuroccur and subject to any cure period, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement will be immediately will terminate terminated (including any obligation to make further Loan Advances or disbursements)) at Lender’s option, and, at Lender's ▇▇▇▇▇▇’s option, all Indebtedness immediately will become due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced aboveBorrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's ’s rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender ▇▇▇▇▇▇ to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's ▇▇▇▇▇▇’s right to declare a default and to exercise its rights and remedies.

Appears in 1 contract

Sources: Business Loan Agreement (LiveOne, Inc.)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or Notes or the Related Documents, all commitments and obligations of Lender Lenders under this Agreement or Notes or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's Lenders’ option, all Indebtedness immediately will become due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced aboveBorrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender Lenders shall each have all the rights and remedies provided in the this Agreement, Notes and Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable lawlaws, all of each Lender's ’s rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lenders or a Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect each Lender's ’s right to declare a default and to exercise its rights and remedies. Termination of this Agreement or Related Documents shall not terminate any Notes or the obligation of the Borrower to repay all Indebtedness owed to a Lender or to the Lenders.

Appears in 1 contract

Sources: Loan Agreement (Capstone Companies, Inc.)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occurhave occurred, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's ’s option, all Indebtedness immediately will become due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section Borrowers other than as referenced aboveprovided for in this Agreement, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's ’s rights and remedies shall be cumulative and may be exercised singularly singularity or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower any of Borrowers or of any Grantor shall not affect Lender's ’s right to declare a default an Event of Default and to exercise its rights and remedies.

Appears in 1 contract

Sources: Business Loan Agreement (Sports Field Holdings, Inc.)

EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur, except where otherwise provided in this Agreement or the Related Documents, all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate (including any obligation to make further Loan Advances or disbursements), and, at Lender's option, all Indebtedness immediately sums owing in connection with the Loans, including all principal, interest, and all other fees, costs and charges. if any, will become immediately due and payable, only after Borrower has exhausted all remedies under its Right without notice of any kind to Cure section as referenced aboveBorrower, except that in the case of an Event of Default of the type described in the "Insolvency" subsection above, such acceleration shall be automatic and not optional. In addition, Lender shall have all the rights and remedies provided in the Related Documents or available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not affect Lender's right to declare a default and to exercise its rights and remedies.

Appears in 1 contract

Sources: Business Loan Agreement (Littlefield Adams & Co)