Enforcement Notice Clause Samples

Enforcement Notice. 6.1 The Chargee may at any time after an Event of Default (as defined in the Note) (a “Trigger Event”) serve an Enforcement Notice on the Chargor. 6.2 After this Charge has become enforceable, the Chargee may in its absolute discretion enforce all or any part of this Charge in any manner it sees fit (subject to the Chargee being indemnified and/or secured to its satisfaction). 6.3 The Chargor shall forthwith following 5 days from receipt of an Enforcement Notice sign, seal, deliver and complete all transfers, renunciations, proxies, mandates, assignments, deeds and documents and do all acts and things which the Chargee may reasonably at any time and from time to time specify for enabling or assisting the Chargee (in each case following in accordance with this Deed): (a) to perfect or improve its title to and security over the Charged Shares; (b) to vest the Charged Shares in the Chargee or its nominee or nominees; (c) to procure that the Chargee or its nominee or nominees is registered in the Share Register of the Company in respect of the Charged Shares; (d) to exercise (or enable its nominee or nominees to exercise) any rights or powers of the Chargee attaching to the Charged Shares; (e) to sell or dispose of the Charged Shares; and/or (f) otherwise to enforce any of the rights of the Chargee under or in connection with this Deed. 6.4 The security constituted by this Deed shall become immediately enforceable upon the occurrence of a Trigger Event and after such Trigger Event has been continuing for one day and the Trigger Event has not been rectified within one day of the Chargor having being served with an Enforcement Notice. 6.5 Any restriction in any applicable law with respect to the consolidation of mortgages and power of sale shall not apply to this Charge. 6.6 The power to sell or dispose of the Charged Shares and any other similar powers conferred by applicable laws as well as all other enforcement powers conferred by this Deed shall be immediately exercisable at any time after a Trigger Event has occurred and is continuing and notice demanding payment of any sum which is then due but unpaid in respect of the Secured Obligations has been given by the Chargee in accordance with the provisions of sub-clause 6.4 above.

Enforcement Notice. An Enforcement Notice is served upon Party B by the Note Trustee and, with respect to such Additional Termination Event, Party B shall be the sole Affected Party.

Enforcement Notice. The Trustee serves an Enforcement Notice, as defined in the Deed of Charge (as defined in Part 5 hereof), on Party B (in which case Party B shall be the Defaulting Party)."

Enforcement Notice. 5.1 The Company shall notify the Corporate Services Provider of the receipt of an Enforcement Notice. 5.2 In the event that the Corporate Services Provider has received notification pursuant to Clause 5.1 hereof, the Corporate Services Provider shall act only in accordance with the directions of the Security Trustee.

Enforcement Notice. 4 7. Conflict..................................................................6

Enforcement Notice. 76 Section 8.04 Cash Cover.................................................................................. 76 ARTICLE 9.

Enforcement Notice. (a) If Monroe Brewing fails to perform any of its duties under the Production Agreement guaranteed hereby, then Boston Brewing may proceed directly to make a claim against Genesee to be paid by Genesee without necessity of any suit or proceeding by Boston Brewing against Monroe Brewing. Genesee shall be entitled to assert any defenses or claims that Genesee or Monroe Brewing may have under the Production Agreement or otherwise against any claim made by Boston Brewing and does not otherwise waive any defenses whatsoever to its obligations hereunder or under the Production Agreement. Anytime, with or without consideration or notice, Boston Brewing may waive enforcement of the terms, conditions and provisions of this Guaranty with respect to any breach or default by Monroe Brewing, and such waiver will not diminish or otherwise affect Monroe Brewing's obligations to Boston Brewing under the Production Agreement. Genesee agrees that in the event any of the foregoing provisions are found to be unenforceable, that portion so found will in no way affect the purpose and intent of the remaining provisions, and to the extent those provisions will remain binding upon the parties. (b) Any claim, notice or other communication under this Guaranty shall be in writing, and shall be deemed duly given when delivered personally or by facsimile, or four days after being mailed by registered mail, return receipt requested, or by documented over-night delivery to a party at the following address (or such other address as such party may have specified by notice given to the other party pursuant to this provision): ▇▇▇▇ ▇. ▇▇▇▇▇▇, Vice President The Genesee Corporation ▇.▇. ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ with a copy to: Monroe Brewing Co., LLC ▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇▇▇ Rochester, New York 14605 Attention: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇., President If to Boston Brewing, to: c/o The Boston Beer Company ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇

Enforcement Notice. The Note Trustee shall not be bound to give any Enforcement Notice in respect of any Series of Notes pursuant to Clause 11.1 (Security enforceable) unless: 11.2.1 in relation to the Security created pursuant to any Note Trust Deed Supplement, it shall have been so requested in writing by the holders of at least one-quarter in aggregate principal amount of the Notes of the Most Senior Class outstanding of the relevant Series or it shall have been so directed by an Extraordinary Resolution of the holders of the Most Senior Class outstanding of the relevant Series; 11.2.2 in relation to the Security created pursuant to Clause 4.1 (Creation of Security) and it shall have been requested in writing by the holders of at least one-quarter in aggregate principal amount of the Most Senior Class of Notes outstanding of all Series then outstanding or it shall have been directed by an Extraordinary Resolution of such holders; and 11.2.3 it shall have been indemnified and/or secured to its satisfaction, and provided that the Note Trustee shall not be held liable for the consequence of the taking of any such action and may take such action without having regard to the effect of such action on individual Noteholders or any other Secured Creditor in relation to that Series or all or any of the Noteholders or any other Secured Creditors in relation to any other Series.

Enforcement Notice. At any time prior to the receipt by the Custodian of a Notice of Discharge, the Funding 2 Security Trustee may deliver to the Custodian a notice in, or substantially in, the form attached hereto at Schedule E (an “Enforcement Notice”). Upon receipt of an Enforcement Notice, the Custodian shall send an acknowledgement in, or substantially in, the form attached at annex 1 of the Enforcement Notice (the “Enforcement Notice Form of Acknowledgment”). The Enforcement Notice shall become effective upon the delivery by the Custodian of the Enforcement Notice Form of Acknowledgment which the Custodian agrees to deliver to Funding 2, the Funding 2 Security Trustee and the Security Provider as soon as reasonably practicable following receipt by the Custodian of the Enforcement Notice. Should an Enforcement Notice become effective, the Custodian acknowledges that the Funding 2 Security Trustee shall be the Secured Party for the purposes of this Agreement. Provided that a Secured Party Notice has not yet become effective, the Custodian shall continue to act in accordance with the instructions of the Instructing Party until such time as the Funding 2 Security Trustee delivers a Secured Party Notice. If, prior to an Enforcement Notice becoming effective, a Secured Party Notice has become effective, upon an Enforcement Notice becoming effective, the Custodian shall act only upon Instructions received from the Funding 2 Security Trustee, as Secured Party under the Secured Party Notice, or its Authorised Persons and shall not act upon Instructions received from Funding 2, as an Instructing Party. The Custodian shall not be bound to, and shall not, enquire as to the validity of any Enforcement Notice received by it from the Funding 2 Security Trustee and the Custodian shall be entitled to rely on such Enforcement Notice without liability to any person for so doing.