Rights and Remedies of the Lender. Upon the occurrence of an Event of Default, the Lender may, subject to: (i) thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and (ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently: (a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived. (b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender. (c) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage in the manner, upon the conditions, and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages. (d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 4 contracts
Sources: Loan Agreement (Emerging Communications Inc), Loan Agreement (Dakota Cooperative Telecommunications Inc), Loan Agreement (Madison River Capital LLC)
Rights and Remedies of the Lender. Upon the occurrence of an Event of Default, the Lender may, subject to:
(i) thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to Section 8(b)) for which Borrower shall be provided five (5) days prior written notice, and Sections 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender.
(c) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage or the Pledges in the manner, upon the conditions, and with the effect provided in the MortgageMortgage or the Pledges, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 2 contracts
Sources: Loan Agreement (Horizon PCS Inc), Loan Agreement (Horizon Personal Communications Inc)
Rights and Remedies of the Lender. Upon Under the occurrence of an Event of Default, the Lender may, subject to:
(i) thirty Thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender.
(c) Pursue all rights and remedies available to the Lender lender that are contemplated by the Mortgage in the manner, upon the conditions, and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 2 contracts
Sources: Loan Agreement (Illuminet Holdings Inc), Loan Agreement (Illuminet Holdings Inc)
Rights and Remedies of the Lender. Upon the occurrence of an Event of Default, the Lender may, subject to:
(i) thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same is shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender.
(c) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage in the manner, upon the conditions, and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 2 contracts
Sources: Loan Agreement (Madison River Capital LLC), Loan Agreement (Madison River Capital LLC)
Rights and Remedies of the Lender. Upon the occurrence of an Event of Default, Default the Lender may, subject to:
(i) thirty (30) days days' prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b)) for which Borrower shall be provided five (5) days' prior written notice, and 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(a) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(b) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens liens in favor of the Lender.
(c) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage or the Pledge in the manner, upon the conditions, and with the effect provided in the MortgageMortgage or the Pledge, including but not limited to a suit for specific performance, injunctive relief or damages.
(d) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 1 contract
Sources: Loan Agreement (Horizon Personal Communications Inc)
Rights and Remedies of the Lender. Upon the occurrence of an --------------------------------- Event of Default, the Lender may, subject to:
(i) thirty (30) days prior written notice during which time Borrower shall have the opportunity to cure said Event of Default except with respect to Obligations pursuant to 8(b), 8(f) and 8(g) above which shall require no notice or demand and shall have no period to cure; and
(ii) compliance, if required, with the rules and regulations of the FCC and any state public service or utilities commission having jurisdiction; exercise in any jurisdiction in which enforcement hereof is sought, the following rights and remedies, in addition to all rights and remedies available to the Lender under applicable law, all such rights and remedies being cumulative and enforceable alternatively, successively or concurrently:
(aA) Declare all unpaid principal outstanding on the Note, all accrued and unpaid interest thereon, and all other Obligations to be immediately due and payable and the same shall thereupon become immediately due and payable without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived.
(bB) Institute any proceeding or proceedings to enforce the Obligations owed to, or any Liens in favor of the Lender.
(cC) Pursue all rights and remedies available to the Lender that are contemplated by the Mortgage in the manner, upon the conditions, and with the effect provided in the Mortgage, including but not limited to a suit for specific performance, injunctive relief or damages.
(dD) Pursue any other rights and remedies available to the Lender at law or in equity.
Appears in 1 contract