Common use of Rights Upon Event of Default Clause in Contracts

Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement: (i) the Financing Party, as collateral assignee, shall be entitled to exercise, in the place and stead of Provider, any and all rights and remedies of Provider under the Agreement in accordance with the terms of the Agreement as if the Financing Party were the Provider and only in the event of a Provider Default. The Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to the System; (ii) the Financing Party shall have the right, but not the obligation, to pay all sums due under the Agreement and to perform any other act, duty or obligation required of Provider thereunder or cause to be cured any default of Provider thereunder in the time and manner provided by the terms of the Agreement as if such Financing Party were Provider; and (iii) upon the exercise of remedies under its security interest in the System, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Provider to the Financing Party (or any assignee of the Financing Party) in lieu thereof, the Financing Party shall give notice to Purchaser of the transferee or assignee of the Agreement, which shall be conducted in accordance with Section 13.1 of the Agreement as if the Financing Party were the Provider. Any such exercise of remedies shall not constitute a default under this Agreement.

Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement: (i) the i. The Financing Party, as collateral assignee, shall be entitled to exercise, in the place and stead of Provider, any and all rights and remedies of Provider under the this Agreement in accordance with the terms of the this Agreement as if the Financing Party were the Provider and only in the event of a Provider Default. The Provider’s or Host’s default, the Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement and the System;. (ii) the . The Financing Party shall have the right, but not the obligation, to pay all sums due under the this Agreement and to perform any other act, duty or obligation required of Provider thereunder or cause to be cured any default of Provider thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Agreement as if such Financing Party were to cure any default of Provider under this Agreement or (unless the Financing Party has succeeded to Provider; and’s interests under this Agreement) to perform any act, duty or obligation of Provider under this Agreement, but Purchaser hereby gives it the option to do so. (iii) upon . Upon the exercise of remedies under its security interest in the System, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Provider to the Financing Party (or any assignee of the Financing Party) in lieu thereof, the Financing Party shall give notice to Purchaser Host of the transferee or assignee of the this Agreement, which shall be conducted in accordance with Section 13.1 of the Agreement as if the Financing Party were the Provider. Any such exercise of remedies shall not constitute a default under this Agreement. iv. Upon any rejection or other termination of this Agreement pursuant to any process undertaken with respect to Provider under the United States Bankruptcy Code, at the request of the Financing Party made within ninety (90) days of such termination or rejection, Host shall enter into a new agreement with the Financing Party or its assignee having the same terms and conditions as this Agreement.

Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement: (i) the i. The Financing Party, as collateral assignee, Party shall be entitled to exercise, in the place and stead of Provider, any and all rights and remedies of Provider under the this Agreement in accordance with the terms of the this Agreement as if the Financing Party were the Provider and only in the event of a Provider DefaultProvider’s or Purchaser’s default. The Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement and the System;. (ii) the . The Financing Party shall have the right, but not the obligation, to pay all sums due under the this Agreement and to perform any other act, duty or obligation required of Provider thereunder or cause to be cured any default of Provider thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Agreement as if such Financing Party were to cure any default of Provider under this Agreement or (unless the Financing Party has succeeded to Provider; and’s interests under this Agreement) to perform any act, duty or obligation of Provider under this Agreement, but Purchaser hereby gives it the option to do so. (iii) upon . Upon the exercise of remedies under its security interest in the System, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Provider to the Financing Party (or any assignee of the Financing Party) in lieu thereof, the Financing Party shall give notice to Purchaser of the transferee or assignee of the this Agreement, which shall be conducted in accordance with Section 13.1 of the Agreement as if the Financing Party were the Provider. Any such exercise of remedies shall not constitute a default under this Agreement. iv. Upon any default not reasonably susceptible to cure by a Finance Party, including, without limitation, rejection or other termination of this Agreement pursuant to any process undertaken with respect to Provider under the United States Bankruptcy Code, at the request of the Financing Party made within ninety (90) days of such default, Purchaser shall enter into a new agreement with the Financing Party or its designee having the same terms and conditions as this Agreement.

Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement: (i) the The Financing Party, as collateral assignee, shall be entitled to exercise, in the place and stead of Provider, any and all rights and remedies of Provider under the this Agreement in accordance with the terms of the this Agreement as if the Financing Party were the Provider and only in the event of a Provider Default. The Provider’s or Host’s default, the Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement and the System;. (ii) the The Financing Party shall have the right, but not the obligation, to pay all sums due under the this Agreement and to perform any other act, duty or obligation required of Provider thereunder or cause to be cured any default of Provider thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Agreement as if such Financing Party were to cure any default of Provider under this Agreement or (unless the Financing Party has succeeded to Provider; and’s interests under this Agreement) to perform any act, duty or obligation of Provider under this Agreement, but Purchaser hereby gives it the option to do so. (iii) upon Upon the exercise of remedies under its security interest in the System, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Provider to the Financing Party (or any assignee of the Financing Party) in lieu thereof, the Financing Party shall give notice to Purchaser Host of the transferee or assignee of the this Agreement, which shall be conducted in accordance with Section 13.1 of the Agreement as if the Financing Party were the Provider. Any such exercise of remedies shall not constitute a default under this Agreement. (iv) Upon any rejection or other termination of this Agreement pursuant to any process undertaken with respect to Provider under the United States Bankruptcy Code, at the request of the Financing Party made within ninety (90) days of such termination or rejection, Host shall enter into a new agreement with the Financing Party or its assignee having the same terms and conditions as this Agreement.

Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement: (i) the i. The Financing Party, as collateral assignee, shall be entitled to exercise, in the place and stead of Provider, any and all rights and remedies of Provider under the this Agreement in accordance with the terms of the this Agreement as if the Financing Party were the Provider and only in the event of a Provider DefaultProvider’s or Host’s default. The Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement and the System;. (ii) the . The Financing Party shall have the right, but not the obligation, to pay all sums due under the this Agreement and to perform any other act, duty or obligation required of Provider thereunder or cause to be cured any default of Provider thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Agreement as if such Financing Party were to cure any default of Provider under this Agreement or (unless the Financing Party has succeeded to Provider; and’s interests under this Agreement) to perform any act, duty or obligation of Provider under this Agreement, but Purchaser hereby gives it the option to do so. (iii) upon . Upon the exercise of remedies under its security interest in the System, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Provider to the Financing Party (or any assignee Qualified Assignee of the Financing Party) in lieu thereof, the Financing Party shall give notice to Purchaser Host of the transferee or assignee of this Agreement. Such transferee or assignee shall assume in writing, in form and content reasonably satisfactory to Host, the Agreement, which shall be conducted in accordance with Section 13.1 due performance of the Agreement as if the Financing Party were the all Provider. Any such exercise of remedies shall not constitute a default ’s obligations under this Agreement.Agreement and including the provision of all representations and warranties under this Agreement (other than Sections 8.2 and 8.3), including, but not limited to the representations and warranties contained in Section 8.4 and