Events of Default Acceleration Etc Clause Samples
The 'Events of Default; Acceleration; Etc' clause defines the circumstances under which a party, typically a lender, can declare that a borrower has defaulted on their obligations under an agreement. This clause outlines specific events—such as missed payments, insolvency, or breaches of covenants—that constitute a default. Upon the occurrence of such an event, the clause usually allows the lender to demand immediate repayment of all outstanding amounts (acceleration) and may trigger additional remedies. Its core function is to protect the lender by providing clear triggers for action and ensuring swift recourse if the borrower fails to meet key obligations.
Events of Default Acceleration Etc. (i) If any of the following events (“Events of Default” or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, “Defaults”) shall occur:
(a) The Organization shall fail to pay any principal on the Loan when the same shall become due and payable, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment, and does not remedy such failure within ten (10) calendar days of its occurrence, unless otherwise forgiven by the Lender as provided in this Agreement;
(b) The Organization shall fail to pay any interest on the Loan, any fees, or other sums due hereunder or under any of the other Loan Documents, whether at the stated date of maturity or any accelerated date of maturity or at any other date fixed for payment, and does not remedy such failure within ten (10) calendar days of its occurrence, unless otherwise forgiven by the Lender as provided in this Agreement;
(c) The Organization shall fail to comply in any material respect with any of its covenants contained in Section 4(ii), Section 4(iii), Section 4(vi) or Section 4(vii) and such failure shall not be cured to the reasonable satisfaction of the Lender within ten (10) calendar days after receipt of notice from the Lender demanding such cure or the Organization shall fail to comply in any material respect with any of its covenants contained in Section 4(iv), Section 4(v), Section 4(viii), Section 4(ix), Section 4(x) or Section 5 hereof, or any of the covenants contained in any of the other Loan Documents;
(d) Any representation or warranty of the Organization contained in Section 3(i), (ii) and (iii) is deemed to have been false in any material respect upon the date when made;
(e) The Organization shall fail to pay at maturity, or within any applicable period of grace, any obligation for borrowed money or credit received or in respect of any capitalized leases, or fail to observe or perform any material term, covenant or agreement contained in any agreement by which it is bound, evidencing or securing borrowed money or credit received or in respect of any capitalized leases for such period of time as would permit (assuming the giving of appropriate notice if required) the holder or holders thereof or of any obligations issued thereunder to accelerate the maturity thereof;
(f) The Organization or any of its Subsidiary Broker-Dealers shall make an assignment for the benefit of creditors, or admit...
Events of Default Acceleration Etc. Events of Default and Acceleration...................... 135
Events of Default Acceleration Etc. Section 14.1. Events of Default and Acceleration. Section 14.2.
Events of Default Acceleration Etc. 13. 1. Events of Default and Acceleration. 13. 2. Termination of Commitments. 13. 3. Remedies. 13. 4. Distribution of Collateral Proceeds.
Events of Default Acceleration Etc. Events of Default and Acceleration §12.2. Termination of Commitment §12.3. Remedies §13. SETOFF
Events of Default Acceleration Etc. 62 11.1. Events of Default and Acceleration. 62 11.2. Termination of Commitments. 65 11.3. Remedies. 66 12. SETOFF. 66 13. THE AGENT. 67 13.1. Authorization. 67 13.2. Employees and Agents. 68 13.3. No Liability. 68 13.4. No Representations. 68 13.5. Payments. 69 13.5.1. Payments to Agent. 69 13.5.2. Distribution by Agent. 69 13.5.3. Delinquent Banks. 69 13.6. Holders of Notes. 70 13.7. Indemnity. 70 13.8. Agent as Bank. 70 13.9. Resignation. 70 13.10. Notification of Defaults and Events of Default. 71 13.11. Limitation on Duties. 71 14. EXPENSES. 71 15. INDEMNIFICATION. 72 16. SURVIVAL OF COVENANTS, ETC. 73 17. ASSIGNMENT AND PARTICIPATION. 73 17.1. Conditions to Assignment by Banks. 73 17.2. Certain Representations and Warranties; Limitations; Covenants. 74 17.3. Register. 75 17.4. New Notes. 75 17.5. Participations. 76 17.6. Disclosure. 76 17.7. Assignee or Participant Affiliated with the Borrower. 76
Events of Default Acceleration Etc. 12.1. Events of Default and Acceleration 12.2. Termination of Commitment 12.3. Remedies 12.4. Distribution of Collateral Proceeds 13. SETOFF
Events of Default Acceleration Etc. 12.1 Events of Default and Acceleration. 58 §12.2 Limitation of Cure Periods. 61 §12.3 [RESERVED]. 61 §12.4 Remedies. 61 §12.5 Distribution of Collateral Proceeds. 61
Events of Default Acceleration Etc. 106 §▇▇.▇.▇▇▇▇▇▇ of Default 106 64670921 ix §12.2.Remedies 109 §12.3.Remedies Cumulative 110 §12.4.Distribution of Enforcement Proceeds 110 §13. SETOFF111 §14. THE AGENT111 §14.1.Appointment and Authority 111 §14.2.Rights as a Lender 111 §14.3.Exculpatory Provisions 112 §▇▇.▇.▇▇▇▇▇▇▇▇ by Agent 113 §14.5.Delegation of Duties 113 §14.6.Resignation or Removal of Agent 113 §14.7.Non-Reliance on Agent and Other Lenders 114
Events of Default Acceleration Etc. 13.1. EVENTS OF DEFAULT AND ACCELERATION 13.2. TERMINATION OF COMMITMENTS 13.3. REMEDIES. 13.4 ACCELERATION NOTICES 13.5. DISTRIBUTION OF COLLATERAL PROCEEDS