Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank may, without notice, declare the Indebtedness or any party thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 or 6.4, the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower. If any Event of Default shall occur and be continuing, Bank may exercise all Rights and remedies available to it in law or in equity, under the Loan Documents, or otherwise.
Appears in 2 contracts
Sources: Loan Agreement (Innovative Food Holdings Inc), Loan Agreement (Innovative Food Holdings Inc)
Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank Lender may, without notice, declare the Indebtedness or any party part thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 Section 9.5 or 6.4Section 9.6, the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by the Borrower. If any Event of Default shall occur and be continuing, Bank Lender may exercise all Rights rights and remedies available to it in law or in equity, under the Loan Documents, or otherwise.
Appears in 2 contracts
Sources: Loan Agreement (United Development Funding IV), Loan Agreement (United Development Funding IV)
Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank mayAgent may at its election, and shall upon the request of Majority Banks, without notice, notice terminate the Commitment and declare the Indebtedness or any party part thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 Section 9.4 or 6.4Section 9.5, the Commitment shall automatically terminate, and the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by the Borrower. If any Event of Default shall occur and be continuing, Bank may Agent may, at its election, and shall upon the request of Majority Banks, exercise all Rights rights and remedies available to it in law or in equity, under the Loan Documents, or otherwise.
Appears in 2 contracts
Sources: Credit Facility Loan Agreement, Credit Facility Loan Agreement (Encore Capital Group Inc)
Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank may, may without notice, notice terminate the Commitment and declare the Indebtedness or any party part thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 Section 9.5 or 6.4Section 9.6, the Commitment shall automatically terminate, and the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by the Borrower. If any Event of Default shall occur and be continuing, Bank may exercise all Rights rights and remedies available to it in law or in equity, under the Loan Documents, or otherwise.
Appears in 2 contracts
Sources: Loan Agreement (United Development Funding IV), Loan Agreement (United Development Funding IV)
Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank may, without notice, declare the Indebtedness or any party thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 or 6.4, the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower▇▇▇▇▇▇▇▇. If any Event of Default shall occur and be continuing, Bank may exercise all Rights and remedies available to it in law or in equity, under the Loan Documents, or otherwise.
Appears in 1 contract
Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank may, without notice, may upon written notice to Borrower terminate the Commitment and declare the Indebtedness or any party part thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, payable without notice, demand, presentmentpresent, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, protest or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 Section 9.4 or 6.4Section 9.5, the Commitment shall automatically terminate, and the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower. Notwithstanding the foregoing, Borrower reserves the right to contest the existence of an Event of Default. If any Event of Default shall occur and be continuing, Bank may exercise all Rights rights and remedies available to it in law or in equity, under the Loan Documents, or otherwise.
Appears in 1 contract
Sources: Loan Agreement (AmeriHome, Inc.)
Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank may, may without notice, notice terminate the Commitment and declare the Indebtedness or any party part thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 Section 9.4 or 6.4Section 9.5, the Commitment shall automatically terminate, and the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by the Borrower. If any Event of Default shall occur and be continuing, Bank may exercise all Rights rights and remedies available to it in law or in equity, under the Loan Documents, or otherwise.
Appears in 1 contract
Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank may, may without notice, notice terminate the Commitment and declare the Indebtedness or any party part thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 Section 9.5 or 6.4Section 9.6, the Commitment shall automatically terminate, and the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by the Borrower. If Without limiting the foregoing, if any Event of Default shall occur and be continuing, Bank may exercise all Rights rights and remedies available to it in law or in equity, under the Loan Documents, or otherwiseotherwise and in no event shall Bank be required to foreclose on the Collateral prior to exercising any of such rights and remedies.
Appears in 1 contract
Sources: Loan Agreement (United Development Funding Income Fund V)
Rights Upon Event of Default. If any Default or Event of Default shall occur and be continuing, Bank may, may without notice, notice terminate its commitment to Advance and/or declare the Indebtedness or any party thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower; provided, however, that upon the occurrence of an Event of Default under Sections 6.3 6.4 or 6.46.5, Bank’s commitment to Advance shall automatically terminate, and the Indebtedness shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Borrower. If any Event of Default shall occur and be continuing, Bank may exercise all Rights and remedies available to it in law or in equity, under the Loan Documents, or otherwise.
Appears in 1 contract
Sources: Loan Agreement (Hartman Short Term Income Properties XX, Inc.)