Remedies of the Lessor. Upon the occurrence of an Event of Default by the Lessee, the Lessor may, at its option, take any one or more of the following actions: a. Collect each installment of Lease Payments and Additional Lease Payments as it becomes due and payable hereunder. b. Collect on a pro-rata basis from the Lessee payment of late charges accrued at the rate of one percent (1%) per month on the outstanding principal balance, in the event of a default by the Lessee as provided in Section 4.10. c. Repossess the Equipment without being subject to any action for trespass, conversion, or the recovery from the Lessor of any sums previously received in this Agreement. d. Retain prior payments and sell or lease the Equipment through public or private transaction after giving the Lessee reasonable notice with or without having the Equipment at any such sale or leasing. The Lessor may purchase all or part of the Equipment as a result of such transactions. The proceeds of any sale or leasing will be applied to the payment of the unpaid balance of the Lessee's obligations under this Agreement. The Lessee shall remain liable for any deficiency of unpaid payment for the current Agreement Year. Any excess obtained by the Lessor at any sale or leasing of the Equipment over the amounts owed by the Lessee for the remainder of the Agreement shall be paid to the Lessee or to such other persons as is prescribed by law. e. By action pursuant to the California Code of Civil Procedure, or as otherwise provided by law, for the issuance of writ of mandamus enforcing, for the entire balance of the term hereof, the duty of the Lessee to appropriate and take all other administrative steps necessary for the making of Lease Payments, Additional Lease Payments and other amounts due hereunder. f. Take any other remedy available at law or in equity. g. Terminate the Agreement with respect to future financing. 4.11.1 ▇▇▇▇▇▇'s attempt to exercise any of the remedies herein entitles the Lessee to prepay, without notice, as provided in Section 7.2 herein, notwithstanding any provision to the contrary.
Appears in 4 contracts
Sources: Master Lease Agreement, Master Lease Agreement, Master Lease Agreement
Remedies of the Lessor. Upon the occurrence of an Event of Default by the Lessee, the Lessor may, at its option, take any one or more of the following actions:
a. Collect each installment of Lease Payments and Additional Lease Payments as it becomes due and payable hereunder.
b. Collect on a pro-rata basis from the Lessee payment of late charges accrued at the rate of one percent (1%) per month on the outstanding principal balance, in the event of a default by the Lessee as provided in Section 4.10.
c. Repossess the Equipment without being subject to any action for trespass, conversion, or the recovery from the Lessor of any sums previously received in this Agreement.
d. Retain prior payments and sell or lease the Equipment through public or private transaction after giving the Lessee reasonable notice with or without having the Equipment at any such sale or leasing. The Lessor may purchase all or part of the Equipment as a result of such transactions. The proceeds of any sale or leasing will be applied to the payment of the unpaid balance of the Lessee's obligations under this Agreement. The Lessee shall remain liable for any deficiency of unpaid payment for the current Agreement Year. Any excess obtained by the Lessor at any sale or leasing of the Equipment over the amounts owed by the Lessee for the remainder of the Agreement shall be paid to the Lessee or to such other persons as is prescribed by law.
e. By action pursuant to the California Code of Civil Procedure, or as otherwise provided by law, for the issuance of writ of mandamus enforcing, for the entire balance of the term hereof, the duty of the Lessee to appropriate and take all other administrative steps necessary for the making of Lease Payments, Additional Lease Payments and other amounts due hereunder.
f. Take any other remedy available at law or in equity.
g. Terminate the Agreement with respect to future financing.
4.11.1 ▇▇▇▇▇▇Lessor's attempt to exercise any of the remedies herein entitles the Lessee to prepay, without notice, as provided in Section 7.2 herein, notwithstanding any provision to the contrary.
Appears in 4 contracts
Sources: Master Lease Agreement, Master Lease Agreement, Master Lease Agreement
Remedies of the Lessor. Upon the occurrence of an Event of Default by the Lessee, the Lessor may, at its option, take any one or more of the following actions:
a. a) Collect each installment of Lease Payments and Additional Lease Payments as it becomes due and payable hereunder.
b. b) Collect on a pro-rata basis from the Lessee payment of late charges accrued at the rate of one percent (1%) per month on the outstanding principal balance, in the event of a default by the Lessee as provided in Section 4.10.
c. c) Repossess the Equipment without being subject to any action for trespass, conversion, or the recovery from the Lessor of any sums previously received in this Agreement.
d. d) Retain prior payments and sell or lease the Equipment through public or private transaction after giving the Lessee reasonable notice with or without having the Equipment at any such sale or leasing. The Lessor may purchase all or part of the Equipment as a result of such transactions. The proceeds of any sale or leasing will be applied to the payment of the unpaid balance of the Lessee's obligations under this Agreement. The Lessee shall remain liable for any deficiency of unpaid payment for the current Agreement Contract Year. Any excess obtained by the Lessor at any sale or leasing of the Equipment over the amounts owed by the Lessee for the remainder of the Agreement shall be paid to the Lessee or to such other persons as is prescribed by law.
e. e) By action pursuant to the California Code of Civil Procedure, or as otherwise provided by law, for the issuance of writ of mandamus enforcing, for the entire balance of the term hereof, the duty of the Lessee to appropriate and take all other administrative steps necessary for the making of Lease Payments, Additional Lease Payments and other amounts due hereunder.
f. f) Take any other remedy available at law or in equityequity with respect to such Event of Default.
g. g) Terminate the Agreement with respect to future financing.
4.11.1 ▇▇▇▇▇▇The Lessor's attempt to exercise any of the remedies herein entitles the Lessee to prepay, without notice, as provided in Section 7.2 herein, notwithstanding any provision to the contrary.
Appears in 2 contracts
Sources: Master Lease Agreement, Master Lease Agreement
Remedies of the Lessor. Upon the occurrence of an Event of Default by the LesseeDefault, the Lessor may, at its option, take any one or more of the following actions:
a. Collect a) C ollect each installment installm ent of Lease Payments Paym ents and Additional A dditional Lease Payments as it becomes due and payable hereunder.
b. b) Collect on a pro-rata basis from the Lessee payment paym ent of late charges accrued at the rate of one percent (1%) per month on the outstanding principal balance, in the event of a default by the Lessee as provided in Section 4.10.
c. c) Repossess the Equipment without being subject to any action for trespass, conversion, or the recovery from the Lessor of any sums previously received in this Agreement.
d. d) Retain prior payments and sell or lease the Equipment through public or private transaction after giving the Lessee reasonable notice with or without having the Equipment at any such sale or leasing. The Lessor may purchase all or part of the Equipment as a result of such transactions. The proceeds of any sale or leasing will be applied to the payment of the unpaid balance of the Lessee's obligations under this Agreement. The Lessee shall remain liable for any deficiency of unpaid payment for the current Agreement Contract Year. Any excess obtained by the Lessor at any sale or leasing of the Equipment over the amounts owed by the Lessee for the remainder of the Agreement shall be paid to the Lessee or to such other persons as is prescribed by law.
e. e) By action pursuant to the California Code of Civil Procedure, or as otherwise otherw ise provided by lawlaw , for the issuance of writ w rit of mandamus m andam us enforcing, for the entire balance of the term hereof, the duty of the Lessee to appropriate and take all other administrative steps necessary for the making of Lease Payments, Additional Lease Payments and other amounts due hereunder.
f. f) Take any other remedy available at law or in equityequity with respect to such Event of Default.
g. g) Terminate the Agreement with respect to future financing.
4.11.1 ▇▇▇▇▇▇The Lessor's attempt to exercise any of the remedies herein entitles the Lessee to prepay, without notice, as provided in Section 7.2 herein, notwithstanding any provision to the contrary.
Appears in 1 contract
Sources: Master Lease Agreement
Remedies of the Lessor. Upon the occurrence of an Event of Default by the Lessee, the Lessor may, at its option, take any one or more of the following actions:
a. a) Collect each installment of Lease Payments and Additional Lease Payments as it becomes due and payable hereunder.
b. b) Collect on a pro-rata basis from the Lessee payment of late charges accrued at the rate of one percent (1%) per month on the outstanding principal balance, in the event of a default by the Lessee as provided in Section 4.10.
c. c) Repossess the Equipment without being subject to any action for trespass, conversion, or the recovery from the Lessor of any sums previously received in this Agreement.
d. d) Retain prior payments and sell or lease the Equipment through public or private transaction after giving the Lessee reasonable notice with or without having the Equipment at any such sale or leasing. The Lessor may purchase all or part of the Equipment as a result of such transactions. The proceeds of any sale or leasing will be applied to the payment of the unpaid balance of the Lessee's obligations under this Agreement. The Lessee shall remain liable for any deficiency of unpaid payment for the current Agreement Contract Year. Any excess obtained by the Lessor at any sale or leasing of the Equipment over the amounts owed by the Lessee for the remainder of the Agreement shall be paid to the Lessee or to such other persons as is prescribed by law.
e. e) By action pursuant to the California Code of Civil Procedure, or as otherwise provided by law, for the issuance of writ of mandamus enforcing, for the entire balance of the term hereof, the duty of the Lessee to appropriate and take all other administrative steps necessary for the making of Lease Payments, Additional Lease Payments and other amounts due hereunder.
f. Take any other remedy available at law or in equity.
g. Terminate the Agreement with respect to future financing.
4.11.1 ▇▇▇▇▇▇'s attempt to exercise any of the remedies herein entitles the Lessee to prepay, without notice, as provided in Section 7.2 herein, notwithstanding any provision to the contrary.
Appears in 1 contract
Sources: Master Lease Agreement