Common use of Remedies on Default Etc Clause in Contracts

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company described in Section 11(h) or (i) (other than an Event of Default described in clause (i) of Section 11(h) or described in clause (b) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds then outstanding to be immediately due and payable. (c) If any Event of Default described in Sections 11(b) or 11(c), has occurred and is continuing, any holder or holders of Bonds at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds held by it or them to be immediately due and payable. Upon any Bonds becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds will forthwith mature and the entire unpaid principal amount of such Bonds, plus (x) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y) the Make-Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond has the right to maintain its investment in the Bonds free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances..

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary12.1. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Acceleration TC "Section 12.1. Acceleration" \f C \l "2" . (a) If an Event of Default with respect to the Company described in Section 11(h11(g), (h) or (i) (other than an Event of Default described in clause (i) of Section 11(h11(g) or described in clauseclause (vi) of Section 11(g) by virtue of the fact that such clause encompasses clause (i) of Section 11(g)) has occurred, all the Notes then outstanding shall automatically become immediately due and payable. (b) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) If any Event of Default described in Sections 11(bSection 11(a) or 11(c), (b) has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x) all accrued and unpaid interest thereon (including, but not limited to, including interest accrued thereon at the Default Rate) and (y) the Make-Whole Make‑Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law)amount, shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Make‑Whole Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contraryAcceleration. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company described in Section 11(h11(g) or (iSection 11(h) (other than an Event of Default described in clause (i1) of Section 11(h11(g) or described in clause clause (b6) of Section 11(g) by virtue of the fact that such clause encompasses clause (1) of Section 11(g)) has occurred and is continuing, all the Notes then outstanding shall automatically become immediately due and payable. If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) . If any Event of Default described in Sections Section 11(a) or Section 11(b) or 11(c), has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x1) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y2) the applicable Make-Whole Amount Amount, if any, determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company (except as herein specifically provided for) ), and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company described in Section 11(h11(g), (h) or (i) (other than an Event of Default described in clause (i) of Section 11(h) or described in clausehas occurred, all the Notes then outstanding shall automatically become immediately due and payable. (b) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) If any Event of Default described in Sections 11(bSection 11(a) or 11(c), (b) has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x) all accrued and unpaid interest thereon (including, but not limited to, including interest accrued thereon at the Default Rate) and (y) the Make-Whole Amount Prepayment Settlement Amount, if any, determined in respect of such principal amount (to the full extent permitted by applicable law)amount, shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Prepayment Settlement Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contraryAcceleration. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the either Constituent Company described in Section 11(h11(g), (h) or (i) (other than an Event of Default described in clause (i1) of Section 11(h11(g) or described in clause clause (b6) of Section 11(g) by virtue of the fact that such clause encompasses clause (1) of Section 11(g)) has occurred, all the Notes then outstanding shall automatically become immediately due and payable. If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the CompanyIssuer, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) . If any Event of Default described in Sections 11(bSection 11(a) or 11(c), (b) has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the CompanyIssuer, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x1) all accrued and unpaid interest thereon (including, but not limited to, including interest accrued thereon at the applicable Default Rate) and all accrued and unpaid Excess Leverage Fees (yincluding interest accrued thereon at the applicable Default Rate), and (2) the Make-Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law)amount, shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company Issuer acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company Issuer (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company Issuer in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances... ​

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default described in Section 10.1(a) has occurred and is continuing, (x) the holders of outstanding Note representing at least fifty percent (50%) of the aggregate principal amount of the Note then outstanding may at any time at their option by notice or notices to the Company, declare that the Redemption Price as of the date of such Event of Default with respect to the Company described in Section 11(haggregate principal amount of the Note then outstanding, together with all interest accrued pursuant to the terms of the Note and unpaid as of the date of such Event of Default, shall automatically become immediately due and payable and (y) or any Holder may, at its option, declare that the Redemption Price as of the date of such Event of Default with respect to the aggregate principal amount of such Holder's Note(s) then outstanding, together with all interest accrued pursuant to the terms of the Note(s) and unpaid as of the date of such Event of Default, shall automatically become immediately due and payable upon the earlier of (i) one hundred twenty (120) days following the termination of a Forbearance Period instituted with respect to such Event of Default or (ii) if no Forbearance Period may be instituted with respect to such Event of Default, one hundred twenty (120) days following the date of such Event of Default, in either case only if such Event of Default at such time is continuing. (b) If an Event of Default (other than an Event of Default described in clause (i) of Section 11(h10.1(a), 10.1(f) or described in clause (b10.1(g)) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare that the Redemption Price as of the date of such Event of Default with respect to the aggregate principal amount of the Note then outstanding, together with all interest accrued pursuant to the Bonds then outstanding to be terms of the Note and unpaid as of the date of such Event of Default, shall automatically become immediately due and payable. (c) If any an Event of Default described in Sections 11(bSection 10.1(f) or 11(c)(g) has occurred, has occurred and is continuing, any holder or holders then the Redemption Price as of Bonds at the time outstanding affected by date of such Event of Default may at any time, at its or their option, by notice or notices with respect to the Companyaggregate principal amount of the Note then outstanding, declare together with all interest accrued pursuant to the Bonds held by it or them to be terms of the Note and unpaid as of the date of such Event of Default, shall automatically become immediately due and payable. . (d) Upon any Bonds the Note becoming due and payable under this Section 12.110.2, whether automatically or by declaration, such Bonds the Note will forthwith mature and the Redemption Price as of the date of such Event of Default with respect to the entire unpaid aggregate principal amount of such Bondsthe Note then outstanding, plus (x) together with all interest accrued pursuant to the terms of the Note and unpaid as of the date of such Event of Default (such interest thereon (including, but not limited to, interest accrued thereon to accrue at the Default Rate) and (y) the Make-Whole Amount determined in Rate with respect of such principal amount (to the full extent permitted by applicable lawany overdue payment), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond has the right to maintain its investment in the Bonds free from repayment by the Company (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contrary. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company an Obligor described in Section 11(hparagraph (f), (g) or (ih) of Section 11 (other than an Event of Default described in clause (i) of Section 11(hparagraph (f) or described in clauseclause (vi) of paragraph (f) by virtue of the fact that such clause encompasses clause (i) of paragraph (f)) has occurred, all the Notes then outstanding shall automatically become immediately due and payable. (b) If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their optionop­tion, by notice or notices to the Company, declare all the Bonds Notes then outstanding out­standing to be immediately due and payable. (c) If any Event of Default described in Sections 11(bparagraph (a) or 11(c), (b) of Section 11 has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y) the applicable Make-Whole Amount determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledgesObligors acknowledge, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company Obligors (except as herein specifically provided for) and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation com­pensation for the deprivation of such right under such circumstances...

Remedies on Default Etc. In addition to any remedies provided in the Mortgage, each Purchaser shall have the remedies provided in this Section 12, notwithstanding any provision in the Mortgage to the contraryAcceleration. In the event of any conflict between any provision in this Section 12 and the Mortgage, the provisions of this Section 12 shall control. Section 12.1. Acceleration. (a) If an Event of Default with respect to the Company described in Section 11(h11(g) or (iSection 11(h) (other than an Event of Default described in clause (i1) of Section 11(h11(g) or described in clause clause (b6) of Section 11(g) by virtue of the fact that such clause encompasses clause (1) of Section 11(g)) has occurred and is continuing, all the Notes then outstanding shall automatically become immediately due and payable. If any other Event of Default has occurred and is continuing, the Required Holders may at any time at its or their option, by notice or notices to the Company, declare all the Bonds Notes then outstanding to be immediately due and payable. (c) . If any Event of Default described in Sections Section 11(a) or Section 11(b) or 11(c), has occurred and is continuing, any holder or holders of Bonds Notes at the time outstanding affected by such Event of Default may at any time, at its or their option, by notice or notices to the Company, declare all the Bonds Notes held by it or them to be immediately due and payable. Upon any Bonds Notes becoming due and payable under this Section 12.1, whether automatically or by declaration, such Bonds Notes will forthwith mature and the entire unpaid principal amount of such BondsNotes, plus (x1) all accrued and unpaid interest thereon (including, but not limited to, interest accrued thereon at the Default Rate) and (y2) the Make-Whole Amount Amount, if any, determined in respect of such principal amount (to the full extent permitted by applicable law), shall all be immediately due and payable, in each and every case without presentment, demand, protest or further notice, all of which are hereby waived. The Company acknowledges, and the parties hereto agree, that each holder of a Bond Note has the right to maintain its investment in the Bonds Notes free from repayment by the Company (except as herein specifically provided for) ), and that the provision for payment of a Make-Whole Amount by the Company in the event that the Bonds Notes are prepaid or are accelerated as a result of an Event of Default, is intended to provide compensation for the deprivation of such right under such circumstances...