Common use of Immediate Repayment Clause in Contracts

Immediate Repayment. 4.1 The Lender can also claim the outstanding part of the Principal and any accrued and unpaid Interest in its entirety, without any summons, notice of default or judicial intervention being required, in the event that: (a) the Borrower does not, including untimely or improperly, observe one or more provisions of this Agreement vis-à-vis the Lender and remains in default after being summed to remedy such breach and being given a period of at least 7 days to provide for such remedy; or (b) the Borrower is declared bankrupt, applies for suspension of payments (in Dutch: “surseance van betaling”), institutes for its own bankruptcy, or is subjected to other insolvency proceedings, or that resolutions to such effect have been passed and/or such requests have been made by third parties; or (c) an attachment has been levied - which has not been lifted within a period of 20 days – on, or a transfer has occurred of, in the opinion of the Lender an important part of the Borrower's assets; or (d) the Borrower is dissolved, split-off or merged, without prior written approval by the Lender; or (e) if and as soon as control as defined in the SER Resolution concerning the Merger Code 2015 over the Borrower or over legal persons who are direct or indirect shareholders of the Borrower is acquired by one or more persons other than those that exercised such control on the date of the Agreement, regardless of the reason, unless prior written approval has been granted by the Lender. 4.2 The Borrower will inform the Lender immediately if one of the circumstances described in Article 4.1 arises or threatens to occur.

Appears in 4 contracts

Sources: Loan Agreement, Loan Agreement, Loan Agreement

Immediate Repayment. 4.1 5.1 The Lender Co-financer can also claim the outstanding part of the Principal and any accrued and unpaid Interest in its entirety, without any summons, notice of default or judicial intervention being required, in the event that: (a) the Borrower does not, including untimely or improperly, observe one or more provisions of this Agreement vis-à-vis the Lender Co-financer and remains in default after being summed to remedy such breach and being given a period of at least 7 days to provide for such remedy; or (b) the Borrower is declared bankrupt, applies for suspension of payments (in Dutch: “surseance van betaling”), institutes for its own bankruptcy, or is subjected to other insolvency proceedings, or that resolutions resolution to such effect have been passed and/or such requests request have been made by third parties; or (c) an attachment has been levied - which has not been lifted within a period of 20 days – on, or a transfer has occurred of, in the opinion of the Lender Co-financer an important part of the Borrower's assets; or (d) the Borrower is dissolved, split-off or merged, without prior written approval by the LenderCo- financer; or (e) if and as soon as control as defined in the SER Resolution concerning the Merger Code 2015 over the Borrower or over legal persons who are direct or indirect shareholders of the Borrower is acquired by one or more persons other than those that exercised such control on the date of the Agreement, regardless of the reason, unless prior written approval has been granted by the LenderCo-financer. 4.2 5.2 The Borrower will inform the Lender Co-financer immediately if one of the circumstances described in Article 4.1 Article 5.1 arises or threatens to occur.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Immediate Repayment. 4.1 The Lender Co-financer can also claim the outstanding part of the Principal and any accrued and unpaid Interest in its entirety, without any summons, notice of default or judicial intervention being required, in the event that: (a) the Borrower does not, including untimely or improperly, observe one or more provisions of this Agreement vis-à-vis the Lender Co-financer and remains in default after being summed to remedy such breach and being given a period of at least 7 days to provide for such remedy; or (b) the Borrower is declared bankrupt, applies for suspension of payments (in Dutch: “surseance van betaling”), institutes for its own bankruptcy, or is subjected to other insolvency proceedings, or that resolutions to such effect have been passed and/or such requests have been made by third parties; or (c) an attachment has been levied - which has not been lifted within a period of 20 days – on, or a transfer has occurred of, in the opinion of the Lender Co-financer an important part of the Borrower's assets; or (d) the Borrower is dissolved, split-off or merged, without prior written approval by the LenderCo- financer; or (e) if and as soon as control as defined in the SER Resolution concerning the Merger Code 2015 over the Borrower or over legal persons who are direct or indirect shareholders of the Borrower is acquired by one or more persons other than those that exercised such control on the date of the Agreement, regardless of the reason, unless prior written approval has been granted by the LenderCo-financer. 4.2 The Borrower will inform the Lender Co-financer immediately if one of the circumstances described in Article Article 4.1 arises or threatens to occur.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement

Immediate Repayment. 4.1 5.1 The Lender can also claim the outstanding part of the Principal and any accrued and unpaid Interest in its entirety, without any summons, notice of default or judicial intervention being required, in the event that: (a) the Borrower does not, including untimely or improperly, observe one or more provisions of this Agreement vis-à-vis the Lender and remains in default after being summed to remedy such breach and being given a period of at least 7 days to provide for such remedy; or (b) the Borrower is declared bankrupt, applies for suspension of payments (in Dutch: “surseance van betaling”), institutes for its own bankruptcy, or is subjected to other insolvency proceedings, or that resolutions to such effect have been passed and/or such requests have been made by third parties; or (c) an attachment has been levied - which has not been lifted within a period of 20 days – on, or a transfer has occurred of, in the opinion of the Lender an important part of the Borrower's assets; or (d) the Borrower is dissolved, split-off or merged, without prior written approval by the Lender; or (e) if and as soon as control as defined in the SER Resolution concerning the Merger Code 2015 over the Borrower or over legal persons who are direct or indirect shareholders of the Borrower is acquired by one or more persons other than those that exercised such control on the date of the Agreement, regardless of the reason, unless prior written approval has been granted by the Lender; or (f) in the event of realisation of financing by means of issuance of shares in the share capital of the Borrower (a “Financing Round”) in which one or more Co-financer convert the principal provided by them and the accrued interest in accordance with the Co-financing Agreement. 4.2 5.2 The Borrower will inform the Lender immediately if one of the circumstances described in Article 4.1 5.1 arises or threatens to occur. 5.3 In the event that a repayment ground as referred to in Article 5(f) occurs, the Lender can at the request of the Borrower relinquish its right to claim payment if repayment of the Principal and payment of the Interest and Premium would endanger the continuity of the business of the Borrower. 1. The Lender will decide at its own discretion whether the request is granted and can attach conditions to any grant of such a request.

Appears in 1 contract

Sources: Loan Agreement

Immediate Repayment. 4.1 5.1 The Lender can also claim the outstanding part of the Principal and any accrued and unpaid Interest in its entirety, without any summons, notice of default or judicial intervention being required, in the event that: (a) the Borrower does not, including untimely or improperly, observe one or more provisions of this Agreement vis-à-vis the Lender and remains in default after being summed to remedy such breach and being given a period of at least 7 days to provide for such remedy; or (b) the Borrower is declared bankrupt, applies for suspension of payments (in Dutch: “surseance van betaling”), institutes for its own bankruptcy, or is subjected to other insolvency proceedings, or that resolutions to such effect have been passed and/or such requests have been made by third parties; or (c) an attachment has been levied - which has not been lifted within a period of 20 days – on, or a transfer has occurred of, in the opinion of the Lender an important part of the Borrower's assets; or (d) the Borrower is dissolved, split-off or merged, without prior written approval by the Lender; or (e) if and as soon as control as defined in the SER Resolution concerning the Merger Code 2015 over the Borrower or over legal persons who are direct or indirect shareholders of the Borrower is acquired by one or more persons other than those that exercised such control on the date of the Agreement, regardless of the reason, unless prior written approval has been granted by the Lender; or (f) in the event of realisation of financing by means of issuance of shares in the share capital of the Borrower (a “Financing Round”) in which one or more Co-financer convert the principal provided by them and the accrued interest in accordance with the Co-financing Agreement. 4.2 5.2 The Borrower will inform the Lender immediately if one of the circumstances described in Article 4.1 5.1 arises or threatens to occur. 5.3 In the event that a repayment ground as referred to in Article 5(f) occurs, the Lender can at the 1. The Lender will decide at its own discretion whether the request is granted and can attach conditions to any grant of such a request.

Appears in 1 contract

Sources: Loan Agreement