Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, including, without limitation, the filing by any Borrower of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other: (a) Declare the Note to be immediately due and payable; (b) Use and apply any monies deposited by any Borrower with Lender, including amounts in the Escrow Account, regardless of the purpose for which the same was deposited, to cure any such default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender; and (c) Exercise or pursue any other right or remedy permitted under this Agreement or any of the Loan Documents or conferred upon Lender or available to Lender at law or in equity or otherwise.
Appears in 2 contracts
Sources: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)
Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, including, without limitation, the filing by any Borrower of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender shall have the right (but not the obligation) to may pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that all none of such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Take possession of the Facilities and do anything which is necessary or appropriate in its sole judgment to fulfill the obligations of Borrower under this Agreement and the other Loan Documents;
(b) Declare the Note to be immediately due and payable;
(bc) Use and apply any monies or letters of credit deposited by any Borrower with Lender, including amounts in the Escrow Account, regardless of the purpose purposes for which the same was deposited, to cure any such default Event of Default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender; and;
(cd) Exercise or pursue any other right remedy or remedy cause of action permitted under this Agreement or any of the other Loan Documents Documents, or conferred upon Lender by operation of Law. Notwithstanding the foregoing, upon the occurrence of any Event of Default under Section 13.1(g), all amounts evidenced by the Note shall automatically become due and payable, without any presentment, demand, protest or available notice of any kind to Lender at law or in equity or otherwiseBorrowers.
Appears in 2 contracts
Sources: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)
Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, includingincluding without limitation the filing, without limitationby Borrower, the filing by any Borrower of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Declare the Note to be immediately due and payable;
(b) Use and apply any monies deposited by any Borrower with Lender, including amounts in the Escrow Account, regardless of the purpose for which the same was deposited, to cure any such default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender; and
(c) Exercise or pursue any other right or remedy permitted under this Agreement or any of the Loan Documents or conferred upon Lender or available to Lender at law or in equity or otherwise.
Appears in 1 contract
Sources: Loan Agreement (Applied Epi Inc)
Remedies Conferred Upon Lender. Upon the occurrence and continuation of any Event of Default, including, without limitation, the filing filing, by any Borrower Borrower, of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Declare the Note to be immediately due and payable;
(b) Use and apply any monies deposited by any Borrower Borrowers with Lender, including amounts in the Escrow Account, regardless of the purpose for which the same was deposited, to cure any such default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender; and
(c) Exercise or pursue any other right or remedy permitted under this Agreement or any of the Loan Documents or conferred upon Lender or available to Lender at law or in equity or otherwise.
Appears in 1 contract
Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, includingincluding without limitation the filing, without limitationby Borrower, the filing by any Borrower of a voluntary petition under petiti▇▇ ▇▇▇▇r Chapter 11 of the Bankruptcy Code, Lender shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) Declare the Note to be immediately due and payable;
(b) Use and apply any monies deposited by any Borrower with Lender, including amounts in the Escrow Account, regardless of the purpose for which the same was deposited, to cure any such default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender; and
(c) Exercise or pursue any other right or remedy permitted under this Agreement or any of the Loan Documents or conferred upon Lender or available to Lender at law or in equity or otherwise.
Appears in 1 contract
Remedies Conferred Upon Lender. Upon the occurrence of any Event of Default, includingincluding without limitation the filing, without limitationby Borrower, the filing by any Borrower of a voluntary petition under Chapter 11 of the Bankruptcy Code, Lender shall have the right (but not the obligation) to pursue any one or more of the following remedies concurrently or successively, it being the intent hereof that all such remedies shall be cumulative and that no such remedy shall be to the exclusion of any other:
(a) i. Declare the Note to be immediately due and payable;
(b) ii. Use and apply any monies deposited by any Borrower with Lender, including amounts in the Escrow Account, regardless of the purpose for which the same was deposited, to cure any such default or to apply on account of any indebtedness under this Agreement which is due and owing to Lender; and
(c) iii. Exercise or pursue any other right or remedy permitted under this Agreement or any of the Loan Documents or conferred upon Lender or available to Lender at law or in equity or otherwise.
Appears in 1 contract