Common use of Consequences of Default Clause in Contracts

Consequences of Default. i. Notwithstanding anything contained in this agreement, upon the occurrence of anyone or more of event(s) of default under this Agreement the Developer may, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts due and payable to it only after resale of the said Unit. Upon termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Apartment Buyer’s Agreement

Consequences of Default. i. Notwithstanding anything contained in this agreement, upon (a) Upon the occurrence of anyone or more any of event(s) of default under this Agreement the Developer mayforegoing events specified in Section 26 above, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer LESSOR shall be entitled to forfeit exercise any of the following remedies, alternatively or cumulatively at its discretion, in conjunction with or separately from any other right or remedy granted hereunder or under the law, without need for any legal or judicial action or order: (1) enforce the performance of the LESSEE’s obligations under this Contract and declare, without the necessity of a demand, all unpaid amounts as immediately due and charge a penalty of three (3) percent per month from date of default until all of the accrued and overdue obligations of LESSEE are fully paid; (2) cancel and rescind this Contract by notice to ▇▇▇▇▇▇, without the necessity of judicial action, in which case LESSOR shall be entitled to the reliefs in the succeeding paragraphs below; or (3) exercise other remedies provided under this Contract or relevant laws. In the event that ▇▇▇▇▇Money as specified in clause 2 hereinabove along with the interest on delayed paymentselects to rescind and cancel this Contract, paidthis Contract, due without any need to resort to judicial action, shall be considered cancelled or payablerescinded thirty (30) days after service by LESSOR upon LESSEE, any other amount either by personal delivery, private courier, facsimile, registered mail, and/or of a non- refundable naturenotice of cancellation or rescission at the LESSEE’s indicated address in his Information Sheet, unless the LESSEE notifies LESSOR of his change of address in writing. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no rightIn which case, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation cancellation shall be sent to the new address. (b) In case of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination any cancellation or rescission of this Agreement Contract, LESSEE shall no longer be allowed to occupy and cancellation remain in possession of the allotment Leased Premises and no further act on shall immediately vacate the part same without need of notice or demand. Should LESSEE fail to immediately vacate and turn-over possession of the Developer would be necessary for this purpose. iii. The Allottee(s) understandsLeased Premises to LESSOR, agrees LESSEE hereby constitutes and consents that upon such termination / Cancellation of Allotment, appoints the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the LESSOR as ▇▇▇▇▇▇▇ Money ’s attorney-in-fact with the following powers: The appointment of LESSOR as attorney-in-fact of LESSEE shall be deemed coupled with interest and other amounts due shall be irrevocable for as long as any obligation of LESSEE to LESSOR remains unpaid. Should LESSEE or any of his privies or successors-in-interest, after such rescission or cancellation or any person acting under his authority, permission and payable consent, continue to it only after resale be in possession of Leased Premises, such person shall become a mere intruder or in unlawful detainer of the said Unitsame, without any further right, title, interest or claims of any kind or character to the Leased Premises and the improvements, if any. (c) LESSOR shall, moreover, be entitled to collect from LESSEE as liquidated damages, and LESSEE shall continue to be liable for the monthly rental which would otherwise have been due had the lease not been earlier terminated for the unexpired period of the lease term and the penalty and interest charges due thereon (as applicable). Upon All these amounts shall be due to LESSOR in addition to whatever damages, whether actual or consequential, which may be due herein as well as the damages LESSOR may incur or suffer arising from the termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasserContract. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Lease Agreement

Consequences of Default. i. Notwithstanding anything contained in this agreement(a) If any Event of Default or any event or circumstance which would, upon with giving of notice, lapse of time, the occurrence making of anyone a determination or more any combination thereof, become an Event of event(sDefault ("POTENTIAL EVENT OF DEFAULT") occurs, the Borrower shall immediately notify it to the Lender specifying the nature of default under this Agreement such Event of Default or Potential Event of Default and any steps the Developer mayBorrower is taking to remedy it. (b) If any Event of Default or Potential Event of Default shall occur and be continuing, the Lender may at its sole discretion, issue 30 days option and by written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(sBorrower: (i) suspend further Disbursement regardless whether a Request for any of the proceeds of such sale. ii. For the removal of doubts, it Disbursement is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(sLender or not, until such Event of Default or Potential Event of Default is cured; (ii) or if received, such refund cheque remains uncashed by cancel the Allottee(s), the mere dispatch undisbursed portion of the notice of termination/ Cancellation of Allotment by Facility; and/or (iii) declare the Developer would be deemed Loan, together with all accrued interest and any other amounts payable under the Agreement, to be sufficient forthwith due and by itself constitute termination of this Agreement and cancellation of payable; whereupon the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer same shall be under no obligationsuperseded, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts cancelled and/or immediately become due and payable without further notice or formality. (c) Upon the occurrence and during the continuance of any Event of Default or Potential Event of Default, the Lender is hereby authorized, to it only after resale the fullest extent permitted by law, to set off and apply any and all deposits at any time held and other obligations at any time owing by the Lender to or for the credit or the account of the said Unit. Upon termination Borrower against any and all of this Agreement the obligations of the Borrower existing under the Agreement, irrespective of whether the Lender shall have made any demand under the Agreement, and without presentment, protest or notice of any other kind to the Borrower, all of which are expressly waived, although such obligations may not have been matured. (d) Provided, however, and subject to Section 15.2 of the Agreement, that if, at any time after an Event of Default or Potential Event of Default has occurred and before the Lender has made such a declaration, such Event of Default or Potential Event of Default has been waived by the DeveloperLender in writing or remedied to the satisfaction of the Lender, the Allottee(s) shall have such Event of Default or Potential Event of Default will no further right longer be an Event of Default or claim, which if any, against the Developer shall Potential Event of Default and will be deemed to have been waived never occurred and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also Lender will not thereafter be entitled to re-enter and resume possession make any such declaration as mentioned above in respect of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant Event of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasserDefault or Potential Event of Default. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Loan Agreement (Perusahaan Perseroan Persero Pt Telekomunikasi Indonesia TBK)

Consequences of Default. i. Notwithstanding anything contained 9.3.1. Where an Event of Default has occurred, the Commitments shall immediately be suspended, and may not be further utilized unless otherwise permitted by the Majority Banks (at which time the Agent shall notify the Borrowers). Should the Majority Banks decide to take actions and so instruct the Agent in this agreementwriting, the Agent shall, upon the occurrence of anyone or more of event(s) of default under this Agreement the Developer may, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any instruction of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts due and payable to it only after resale of the said Unit. Upon termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the DeveloperMajority Banks, (a) by written notice to the allotment Borrower, declare the entire unpaid principal amount of all the said Unit has been obtained through misrepresentation outstanding Loans, all unpaid interest, fees and concealment or suppression of any material factall other sums payable hereunder to be immediately due and payable, OR whereupon the Borrower shall immediately repay such amounts; and/or (b) present the Allottee(sNote for payment; and/or (c) has violated take all such other actions as may be permitted by law or violates contract. Demand, protest or notice of any kind, other than the notice specifically required by this Section, are hereby waived by the Borrower to the extent permitted by law. 9.3.2. Where an Event of Default occurs, the Borrower shall also make payment of interest to the Banks and/or the Agent in respect of any amounts due and outstanding, calculated from the date that such amounts becomes due until such time that the amounts are actually paid; and if any Bank and/or the Agent incurs any other costs or direct losses as a result of such default, the Borrower shall also indemnify such Bank and/or Agent for and against such costs or losses (such Bank or Agent shall provide relevant evidence). Unless otherwise provided herein, the Borrower shall not be liable to the Bank or its employees or affiliates for any indirect damages, loss of profit or punitive damages. 9.3.3. The costs and expenses incurred by the Agent in relation to the exercise of the directions, rules various rights and regulations framed actions taken pursuant to the Agreement shall be shared by the Developer Banks on a pro-rata basis (by the Risk Sharing Ratio), except where such costs have been paid by the Borrower. If the Borrower fails to pay such costs or expenses, the Maintenance Agreement or by any statutory body or Competent AuthorityAgent is not obliged to make 26 such payments, including Government of Madhya Pradesh.and may require the Banks to advance such payments in accordance with the Risk Sharing Ratio. ARTICLE X.

Appears in 1 contract

Sources: Syndicated Loan Agreement

Consequences of Default. i. Notwithstanding anything contained in this agreement, upon the occurrence of anyone or more of event(sa) If any event of default or any event which, after the notice or lapse of time or both would constitute an event of default shall have happened, the Borrower shall forthwith give the Bank notice thereof in writing specifying such event of default, or such event. The Borrower shall also promptly inform the Bank if and when any statutory notice of winding-up under this Agreement the Developer mayprovisions of the Companies Act, at its sole discretion1956 or any other law or of any suit or legal process intended to be filed/initiated against the Borrower, issue 30 days written notice calling upon is received by the Allottee(sBorrower. b) to rectify the default(s). If the Borrower makes default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount payment of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in Dues or any manner whatsoever. Thereafterpart thereof, the Developer shall bank would be at liberty (but not bound to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(sdo so) to the Developerappoint its nominee as Receiver without having resort to a Court of Law and/or to a proceeding in Court, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts due and payable to it only after resale of the said Unit. Upon termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken take possession of the said Unitproperties of the Borrower held /to be held by the Bank as security for the Credit Facility hereunder or under any other security document(s) executed / to be executed by the Borrower and/or the Guarantor/s in favour of the Bank, then in whatever capacity, and the Developer Bank shall also be entitled to reresort to any or all the legal remedies as provided under this Agreement. c) On the question whether any of the above events/circumstances has occurred/happened, the decision of the Bank shall be final, conclusive and binding on the Borrower. d) In case of breach of the terms or in case of any of the events happening as stated hereinbefore, the Bank would have the full rights to sell, dispose off or realise the said securities, either by private treaty or public auction, at the sole discretion of the bank, on such terms and for such price that the Bank thinks fit, and apply the net proceeds towards the satisfaction of the balance outstanding in the Credit Facility account including charges, expenses, etc. or any other facility in whatever capacity. e) The Borrower hereby agrees as a pre-enter condition of the said credit Facility/ies being granted to it that in case the Borrower commit default in the repayment of the Credit Facility/ies or in the repayment of interest thereon or any of the agreed instalment of the Credit Facility/ies on due date/s, apart from the levy of penal charges and resume such charges, the Bank and/or Reserve Bank of India will have an unqualified right to disclose or publish its name or the name of its directors/partners/proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. f) The Borrower confirms unconditionally and irrevocably that it shall have no objection in case the Bank decides to assign/sell a part of the entire Credit Facility/credit Facility along with securities of the said machinery/goods/properties etc. to another Bank/institution/limited company/ Government body or department (“assignee/buyer”). In such case the Borrower shall become the primary Borrower of such assignee /buyer and shall at no point of time raise any objection, legal or otherwise regarding assignment, transfer and sale of the securities by the Bank in favour of the assignee / buyer. g) Upon the borrower opting for any scheme or accepting any offer from his employer providing for any benefit for resigning or retiring from the employment prior to superannuation, or upon the employer terminating his employment for any reason or upon the borrower resigning or retiring from the service of the employer for any reason whatsoever then notwithstanding anything to the contrary contained in this agreement or any letter or document, the entire outstanding principal amount of the loan as well as any outstanding interest and other dues thereof shall be payable by the borrower to Bank from the amount or amounts received by him from the employer under such scheme or offer, or any terminal benefit, as the case may be. Provided however, in the event of the said amount or amounts being insufficient to repay the said sums in full, the unpaid amount remaining due to Bank shall be paid by the borrower in such manner as Bank may in its sole discretion and the payment will be made by the borrower accordingly notwithstanding anything stated in the Agreement and the Schedule. The borrower hereby irrevocably authorise, Bank to communicate with and receive the said amounts from his employer directly. h) Further, the Bank shall be entitled to forthwith take physical possession of the Properties hypothecated and/or mortgaged to the Bank (“properties”) and alienate sell, transfer the said Unit properties either by itself or through its agents and everything whatsoever contained therein sell or otherwise deal with the same to enforce the bank's security and in such eventrecover the dues, under private treaty or public auction, at the Allottee(s) and/or any other person / occupant sole discretion of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasserbank. ivi) The Borrower agrees and undertakes not to prevent or obstruct the Bank from taking possession of the properties and that the Bank's representatives will be entitled to sell, give on rent, or otherwise deal with the properties by public or private auction or private treaty, without being liable for any loss, and to apply the net proceeds thereof as specified in these presents. j) The Borrower shall pay any deficiency, forthwith to the Bank. The Developer Bank shall also be entitled to adjust any other amount of the Borrower, towards payment of such deficiency. Nothing contained in this clause shall oblige the bank to sell, hire or deal with the properties and hereby reserves its right the banks shall be entitled to cancel/terminate this Agreement proceed against the Borrower independently of such of any other security. The Borrower agrees to accept the bank's accounts in respect of such sale, hire or dealing as conclusive. k) The Bank shall be entitled to take possession of the manner described aboveproperties, in case irrespective of whether the loan has been recalled whenever in the opinion of the DeveloperBank, (athere is an apprehension of any money not being paid or the Bank's security is being jeopardised. l) The Bank shall be entitled to sell, assign, securitise or transfer, the allotment Bank's rights and obligations hereunder to any person, company, partnership, agency of the said Unit has been obtained through misrepresentation Bank's choice in whole or in part and concealment in such manner and on such terms as the Bank may decide. Any such sale, assignment, securitisation or suppression of any material fact, OR (btransfer shall conclusively bind the Borrowers. m) The Bank may at the Allottee(s) has violated or violates any risk and cost of the directionsBorrower engage one or more person(s) to collect the Borrower's outstanding and /or to enforce any security and may furnish to such person the right and authority to perform and execute all acts, rules deeds, matters and regulations framed by things connected therewith or incidental thereto as the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya PradeshBank thinks fit.

Appears in 1 contract

Sources: Loan Agreement

Consequences of Default. i. Notwithstanding anything contained It any of the Events of Default described in this agreementSection 8.01(h) or Section 8.01(i) shall occur, upon the occurrence of anyone or more of event(s) of default under this Agreement the Developer may, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice Total Commitment and the Developer Lenders' respective commitments shall be entitled to forfeit immediately terminate, the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with principal of and the interest on delayed payments, paid, due or payable, any the Loans and all other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation sums payable by Borrower hereunder and under the Developer Committed Loan Notes and Competitive Bid Loan Notes shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts become immediately due and payable to it only after resale all without protest, presentment, notice or demand, all of which the Borrower expressly waives. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, the Agent shall at the request, or may with the consent, of the said Unit. Upon termination Majority Lenders immediately terminate the Total Commitment and the Lenders' respective Commitments and, if Loans shall have been made, the Agent shall at the request, or may with the consent, of this Agreement the Majority Lenders declare the principal of and the interest on the Loans, the Committed Loan Notes and the Competitive Bid Loan Notes and all other sums payable by the DeveloperBorrower hereunder or thereunder to be immediately due and payable, whereupon the same shall become immediately due and payable all without protest, presentment, notice, or demand, all of which the Borrower expressly waives. If any Lender of a Competitive Bid Loan shall suffer an Event of Default under subsection 8.01(a) due to the Borrower's failure to pay any amount of principal on or interest of any Competitive Bid Loan made by such Lender, such Lender may send a written request to the Agent to obtain approval of the Majority Lenders to terminate the Total Commitment and the Lenders' respective Commitments, to declare the principal of and the interest on the Loans, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived Committed Loan Notes and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole Competitive Bid Loan Notes and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any all other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed sums payable by the Developer Borrower hereunder or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.thereunder to become immediately

Appears in 1 contract

Sources: Short Term Revolving Credit Agreement (Costco Wholesale Corp /New)

Consequences of Default. i. Notwithstanding anything contained If an Event of Default described in Section 8.1(f) or 8.1(g) shall occur and be continuing, then in any such case, the Total Revolving Commitment shall be immediately terminated and, if any Loans or Letters of Credit shall have been made or issued, the principal of and interest on the Loans, the face amounts of all issued and outstanding Letters of Credit, and all other sums payable by Borrower under the Loan Documents shall become immediately due and payable all without notice or demand of any kind. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, (i) Agent shall at the request, or may with the consent, of Lenders immediately terminate the Commitment, and, if any Revolving Loans or Letters of Credit shall have been made or issued, Agent shall at the request, or may with the consent, of Lenders declare the principal of and the interest on the Revolving Loans, the face amounts of all issued and outstanding Letters of Credit, and all other sums payable by Borrower under the Loan Documents with respect to such Revolving Loans and Letters of Credit immediately due, whereupon the same shall become immediately due and payable all without protest, presentment, notice or demand, all of which Borrower expressly waives. Regardless of whether Borrower's obligations to repay the Loans and Letters of Credit have been accelerated pursuant to the preceding sentences, Agent shall at the request, or may with the consent, of Lenders realize on any or all of the Collateral by exercising any remedies provided in any Loan Document or otherwise provided by law. Amounts paid or received hereunder in respect of issued and outstanding Letters of Credit which exceed amounts paid by Agent under such Letters of Credit shall be held (and applied) as cash collateral, pursuant to Section 3.5, to secure the performance of all obligations of Borrower owing to Agent and Lenders hereunder and under the other Loan Documents. Agent and Lenders may exercise or pursue any remedy or cause of action permitted by this agreementAgreement, upon the Notes, and any other Loan Document or applicable law. The rights and remedies provided by law, this Agreement, the Notes and the other Loan Documents are cumulative and non exclusive, and the exercise or partial exercise of any right, power or remedy hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or remedy. While any Event of Default exists (other than during any period of time in which Agent and Lenders have agreed in writing not to charge the Default Rate (as defined below)), the Borrower shall pay interest on the principal amount of all outstanding Obligations hereunder at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent 39 permitted by applicable laws. The Default Rate shall be in effect on the date of the occurrence of anyone or more of event(s) of default under this Agreement the Developer may, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any Event of the proceeds of Default and interest shall accrue at the Default Rate retroactively from such saledate. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts due and payable to it only after resale of the said Unit. Upon termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Credit Agreement (Flow International Corp)

Consequences of Default. i. Notwithstanding anything contained in this agreement, upon 15.1 No further drawing may be made after the occurrence of anyone an “Event of Default” (whether or more not notice shall have been given by the Borrower of event(ssuch event of default) of default under this Agreement the Developer may, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer Bank shall be entitled to forfeit declare that an Event of Default has occurred at any time after the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount occurrence of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds events specified in section 14 by giving a written notice to the Borrower and to demand immediate payment of the Loan outstanding under the Facility and all interest accrued and all other sums payable pursuant to this Agreement, whereupon the same shall become immediately due and payable and the Borrower shall immediately pay the same to the Bank. 15.2 In the event that the Loan shall be declared immediately due and payable as stated above the Borrower shall reimburse the Bank for all losses and expenses incurred by the Bank in consequence of the Event of Default and / or of the acceleration of the Loan. The certificate of the Bank as to the amount of such salelosses and expenses shall in the absence of manifest error be conclusive. ii15.3 The Borrower agrees that in the event of the Borrower committing default in repayment of the loan and/or payment of interest thereon on Due Dates the Bank shall have an unqualified right to disclose the name of the Borrower and its Directors to the Reserve Bank of India (RBI). For The Borrower hereby gives its consent to the removal Bank and / or RBI to publish its name and the names of doubts, it is clarified that notwithstanding its Directors as defaulters in such manner and through such medium as the fact that either Bank / RBI may in their absolute discretion think fit including publication of Borrower’s and its Directors names in the refund cheque has not been dispatched by newspapers. 15.4 On the Developer, or if dispatched, it has not been received by happening of any of the Allottee(s) or if received, Events of Default and so long as such refund cheque remains uncashed by the Allottee(s)default continues, the mere dispatch Borrower shall not, without the prior written approval of the notice Bank declare or pay any dividend to any of termination/ Cancellation its shareholders. 15.5 On declaring the principal of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act all accrued interest on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money Loan and other amounts due under the Finance Documents to be immediately due and payable by the Borrower, subject to it only after resale provisions contained herein, the Borrower shall be liable to pay the entire outstanding under the Facility forthwith and the Security created in terms of the said Unit. Upon termination of this Agreement by the Developer, the Allottee(s) Security Documents shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived become enforceable and the Allottee(sBank shall have, including without limitation the following rights (anything in this Facility Agreement notwithstanding), namely: (i) hereby expressly consents thereto. The Developer shall thenceforth be free To enter upon the Borrower’s premises and take possession of the Tangible Fixed Assets charged to deal with the said Unit Bank; (ii) Take possession of the Charged Assets and to sell, assign or otherwise liquidate or direct to sell, assign or otherwise liquidate, any or all of the Charged Assets in any manner whatsoeversuch manner, at such time, at such place or places and on such terms as the Bank may, determine in its sole and absolute discretion and in apply the event that the Allottee(s) has taken possession proceeds of any such sale or liquidation towards repayment of the said UnitBorrower’s obligations to the Bank; 15.7.1 Any expenses incurred by the Bank after an Event of Default has occurred, then the Developer shall also be entitled to re-enter and resume possession in connection with preservation of the said Unit and everything whatsoever contained therein and in such eventCharged Assets (whether then or thereafter existing), the Allottee(s) and/or any other person / occupant collection of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate amounts due under this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed shall be payable by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya PradeshBorrower.

Appears in 1 contract

Sources: Term Loan Agreement (Sesa Sterlite LTD)

Consequences of Default. i. Notwithstanding anything contained If an Event of Default described in this agreementSection 8.1(f) or 8.1(g) shall occur and be continuing, upon then in any such case, the occurrence Commitments shall be immediately terminated and, if any Loans or Letters of anyone Credit shall have been made or more issued, the principal of event(s) and interest on the Loans, the face amounts of default all issued and outstanding Letters of Credit, and all other sums payable by Borrower under this Agreement the Developer may, at its sole discretion, issue 30 days written Loan Documents shall become immediately due and payable all without notice calling upon the Allottee(s) to rectify the default(s)or demand of any kind. If the default is not rectified within the notice periodany other Event of Default shall occur and be continuing, this Agreement shall stand automatically cancelled without then in any further notice such case and the Developer at any time thereafter so long as any such Event of Default shall be entitled to forfeit continuing, (i) Agent shall at the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along request, or may with the consent, of the Majority Lenders immediately terminate the Commitments, and, if any Revolving Loans or Letters of Credit shall have been made or issued, Agent shall at the request, or may with the consent, of the Majority Lenders declare the principal of and the interest on delayed paymentsthe Revolving Loans, paid, due or payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged face amounts of all liabilities issued and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds outstanding Letters of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interestCredit, and after forfeiting all other sums payable by Borrower under the Loan Documents with respect to such Revolving Loans and deducting Letters of Credit immediately due, whereupon the ▇▇▇▇▇▇▇ Money and other amounts same shall become immediately due and payable to it only after resale all without protest, presentment, notice or demand, all of which Borrower expressly waives, and (ii) Agent shall at the request, or may with the consent, of the said Unit. Upon termination of this Agreement by Sweepline Bank or Multi-Currency Bank, terminate the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived Sweepline Commitment and the Allottee(s) hereby Multi-Currency Commitment, as applicable, and declare the principal of and the interest on the Sweepline Loans and the Multi-Currency Loans, and all other sums payable by Borrower under the Loan Documents with respect to such Sweepline Loans and Multi-Currency Loans immediately due, whereupon the same shall become immediately due and payable all without protest, presentment, notice or demand, all of which Borrower expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasserwaives. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Credit Agreement (Flow International Corp)

Consequences of Default. i. Notwithstanding anything contained If an Event of Default described in this agreementSection 8.1(g) or 8.1(h) hereof shall occur and be continuing, upon then in any such case, the occurrence Total Commitment and Lender's respective Commitments shall be immediately terminated and, if any Loans or Letters of anyone Credit shall have been made or more issued, the principal of event(s) and interest on the Loans, the face amounts of default all issued and outstanding Letters of Credit, and all other sums payable by Borrower hereunder and under this Agreement the Developer other Loan Documents shall become immediately due and payable all without protest, presentment, notice or demand, all of which Borrower expressly waives. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, Agent may, or shall at its sole discretionthe request of the Majority Lenders, issue 30 days written notice calling upon immediately terminate the Allottee(s) to rectify Total Commitment and Lenders' respective Commitments and, if any Loans or Letters of Credit shall have been made, Agent may, or shall at the default(s). If request of the default is not rectified within Majority Lenders, declare the notice period, this Agreement shall stand automatically cancelled without any further notice principal of and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed paymentsthe Loans and the Notes, paidthe face amounts of all issued and outstanding Letters of Credit, and all other sums payable by Borrower hereunder and under the other Loan Documents to be immediately due or and payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation whereupon the Developer same shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts become immediately due and payable all without protest, presentment, notice, or demand, all of which Borrower expressly waives. Agent agrees to provide Borrower with prompt notice of any election to declare the principal of and the interest on the Loans to be immediately due and payable pursuant to the preceding sentence, it only being agreed that such notice may be provided after resale any such acceleration is effective and after Agent and Lenders have exercised any rights of set-off or recoupment to which they are entitled hereunder or under applicable law and it being further agreed that the said Unitfailure to give such notice shall not affect the validity of such acceleration, set-off or recoupment. Upon termination Amounts paid or received hereunder in respect of this Agreement issued and outstanding Letters of Credit which exceed amounts paid by Agent under such Letters of Credit shall be held (and applied) as cash collateral to secure the Developerperformance of all obligations of Borrower owing to Agent and Lenders hereunder and under the other Loan Documents. Such excess shall be returned to Borrower within five (5) Business Days following demand by Borrower after such time when there are no outstanding Loans, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived Letter of Credit Usage and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free Total Commitments equal zero ($0), and there are no other fees, costs or charges owing by Borrower to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasserAgent or Lenders hereunder. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Credit Agreement (Micron Electronics Inc)

Consequences of Default. i. Notwithstanding anything contained in this agreement, upon (a) Upon the occurrence of anyone or more any of event(s) of default under this Agreement the Developer mayforegoing events specified in Section 26 above, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer LESSOR shall be entitled to forfeit exercise any of the following remedies, alternatively or cumulatively at its discretion, in conjunction with or separately from any other right or remedy granted hereunder or under the law, without need for any legal or judicial action or order: (1) enforce the performance of the LESSEE’s obligations under this Contract and declare, without the necessity of a demand, all unpaid amounts as immediately due and charge a penalty of three (3) percent per month from date of default until all of the accrued and overdue obligations of LESSEE are fully paid; (2) cancel and rescind this Contract by notice to ▇▇▇▇▇▇, without the necessity of judicial action, in which case LESSOR shall be entitled to the reliefs in the succeeding paragraphs below; or (3) exercise other remedies provided under this Contract or relevant laws. In the event that ▇▇▇▇▇Money as specified in clause 2 hereinabove along with the interest on delayed paymentselects to rescind and cancel this Contract, paidthis Contract, due without any need to resort to judicial action, shall be considered cancelled or payablerescinded thirty (30) days after service by LESSOR upon LESSEE, any other amount either by personal delivery, private courier, facsimile, registered mail, and/or of a non- refundable naturenotice of cancellation or rescission at the LESSEE’s indicated address in his Information Sheet, unless the LESSEE notifies LESSOR of his change of address in writing. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no rightIn which case, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation cancellation shall be sent to the new address. (b) In case of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination any cancellation or rescission of this Agreement Contract, LESSEE shall no longer be allowed to occupy and cancellation re- main in possession of the allotment Leased Premises and no further act on shall immediately vacate the part same without need of notice or demand. Should LESSEE fail to immediately vacate and turn-over possession of the Developer would be necessary for this purpose. iii. The Allottee(s) understandsLeased Premises to LESSOR, agrees LESSEE hereby constitutes and consents that upon such termination / Cancellation of Allotment, appoints the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the LESSOR as ▇▇▇▇▇▇▇ Money ’s attorney-in-fact with the following powers: i) open, enter, padlock, secure, enclose or fence Leased Premises and other amounts due and payable to it only after resale cut or discontinue or cause the disconti- nuance of the supply of utilities and services to Leased Premises, such as water, electric, cable, phone and in- ▇▇▇▇▇▇ connection, among others, or otherwise take full and complete physical possession and control of the Leased Premises without resorting to court action; ii) assume ownership and take full control and possession of all alterations, additions, improvements or install- ments placed in or on Leased Premises which cannot be removed without defacing or injuring the premises of Leased Premises or any common area, without any obligation on the part of the LESSOR to indemnify or reimburse the LESSEE and remove any non-motor or motor vehicle placed on the Leased Premises and place the same in storage, without any obligation on the part of LESSOR for any loss, damage or wear and tear to the said Unitvehicle in case of such removal and storage; iii) take an inventory of and place in storage, at LESSEE’s cost, any non-motor or motor vehicle, equipment, fur- ▇▇▇▇▇▇, articles or merchandise found or located in the premises which may be removed therefrom without de- facing or injuring any portion of Leased Premises or any common area. Upon In the event that ▇▇▇▇▇▇ fails to pay all unpaid liabilities to LESSOR and remove at ▇▇▇▇▇▇’s expense said non-motor or motor vehicle, equip- ment, furniture, articles or merchandise within thirty (30) days from the time LESSOR takes possession of the premises, ▇▇▇▇▇▇ shall dispose of said properties and apply the proceeds thereof to the payment of LESSEE’s liabilities including expenses incurred by LESSOR in connection with the storage and sale of such properties, without prejudice to the right of LESSOR to collect any deficiency. The appointment of ▇▇▇▇▇▇ as attorney-in-fact of LESSEE shall be deemed coupled with interest and shall be irrevocable for as long as any obligation of LESSEE to LESSOR remains unpaid. Should LESSEE or any of his privies or successors-in-interest, after such rescission or cancellation or any person acting under his authority, permission and consent, continue to be in possession of Leased Premises, such person shall become a mere intruder or in unlawful detainer of the same, without any further right, title, interest or claims of any kind or character to the Leased Premises and the improvements, if any. (c) LESSOR shall, moreover, be entitled to collect from LESSEE as liquidated damages, and LESSEE shall continue to be liable for the monthly rental which would otherwise have been due had the lease not been earlier terminated for the unexpired period of the lease term and the penalty and interest charges due thereon (as applicable). All these amounts shall be due to LESSOR in addition to whatever damages, whether actual or consequential, which may be due herein as well as the damages LESSOR may incur or suffer arising from the termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasserContract. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Lease Agreement

Consequences of Default. i. Notwithstanding anything contained If an Event of Default described in this agreementSection 8.1(f) or 8.1(g) shall occur and be continuing, upon then in any such case, the occurrence Commitments shall be immediately terminated and, if any Loans or Letters of anyone Credit shall have been made or more issued, the principal of event(s) and interest on the Loans, the face amounts of default all issued and outstanding Letters of Credit, and all other sums payable by Borrower under this Agreement the Developer may, at its sole discretion, issue 30 days written Loan Documents shall become immediately due and payable all without notice calling upon the Allottee(s) to rectify the default(s)or demand of any kind. If the default is not rectified within the notice periodany other Event of Default shall occur and be continuing, this Agreement shall stand automatically cancelled without then in any further notice such case and the Developer at any time thereafter so long as any such Event of Default shall be entitled to forfeit continuing, (i) Agent shall at the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along request, or may with the consent, of the Majority Lenders immediately terminate the Commitments, and, if any Revolving Loans or Letters of Credit shall have been made or issued, Agent shall at the request, or may with the consent, of the Majority Lenders declare the principal of and the interest on delayed paymentsthe Revolving Loans, paid, due or payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged face amounts of all liabilities issued and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds outstanding Letters of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interestCredit, and after forfeiting all other sums payable by Borrower under the Loan Documents with respect to such Revolving Loans and deducting Letters of Credit immediately due, whereupon the ▇▇▇▇▇▇▇ Money and other amounts same shall become immediately due and payable to it only after resale all without protest, presentment, notice or demand, all of which Borrower expressly waives, and (ii) Agent shall at the request, or may with the consent, of the said UnitSweepline Bank or Multi-Currency Bank, terminate the Sweepline Commitment and the Multi-Currency Commitment, as applicable, and declare the principal of and the interest on the Sweepline Loans and the Multi-Currency Loans, and all other sums payable by Borrower under the Loan Documents with respect to such Sweepline Loans and Multi-Currency Loans immediately due, whereupon the same shall become immediately due and payable all without protest, presentment, notice or demand, all of which Borrower expressly waives. Upon termination Regardless of whether Borrower's obligations to repay the Loans and Letters of Credit have been accelerated pursuant to the preceding sentences, Agent shall at the request, or may with the consent, of the Majority Lenders realize on any or all of the Collateral by exercising any remedies provided in any Security Document or otherwise provided by law. Amounts paid or received hereunder in respect of issued and outstanding Letters of Credit which exceed amounts paid by Agent under such Letters of Credit shall be held (and applied) as cash collateral to secure the performance of all obligations of Borrower owing to Agent and Lenders hereunder and under the other Loan Documents. Agent and Lenders may exercise or pursue any remedy or cause of action permitted by this Agreement by the DeveloperAgreement, the Allottee(s) shall have no further right Notes, and any other Loan Document or claimapplicable law. The rights and remedies provided by law, which if anythis Agreement, against the Developer shall be deemed to have been waived Notes and the Allottee(s) hereby expressly consents thereto. The Developer other Loan Documents are cumulative and non exclusive, and the exercise or partial exercise of any right, power or remedy hereunder shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or not preclude any other person / occupant of or further exercise thereof or the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression exercise of any material factother right, OR (b) the Allottee(s) has violated power or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradeshremedy.

Appears in 1 contract

Sources: Credit Agreement (Flow International Corp)

Consequences of Default. i. Notwithstanding anything contained 7.2.1. If any of the Events of Default described in this agreementSection 7.1.8 or Section 7.1.9 shall occur: (a) the Total Commitment and each Lender's respective Commitment shall immediately terminate, upon and the occurrence principal of anyone and the interest on the Loans and all other sums payable by Borrower hereunder, under the Notes and under the other Loan Documents shall become immediately due and payable, all without protest, presentment, notice or more demand, all of event(swhich the Borrower expressly waives. 7.2.2. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing: (a) the Agent (i) shall, at the request of default the Majority Lenders, or (ii) may, with the consent of the Majority Lenders, immediately terminate (by written notice to the Borrower) the Total Commitment and each of the Lenders' respective Commitments, and (b) if Loans shall have been made, the Agent (i) shall, at the request of the Majority Lenders, or (ii) may, with the consent of the Majority Lenders, declare (by written notice to the Borrower) the principal of and the interest on the Loans and the Notes and all other sums payable by the Borrower hereunder or under this Agreement the Developer Notes or any other Loan Document to be immediately due and payable, whereupon the same shall become immediately due and payable, all without protest, presentment, notice, or demand, all of which the Borrower expressly waives. In addition, regardless of whether the Borrower's obligations to repay the Loans shall have been accelerated pursuant to the preceding sentences, the Agent may, at its sole discretionoption, issue 30 days written notice calling upon realize on any or all of the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Collateral by exercising any rights or remedies provided in each Security Agreement shall stand automatically cancelled without any further notice and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified or in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations Loan Document or otherwise available under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such saleapplicable law. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts due and payable to it only after resale of the said Unit. Upon termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Revolving Credit Agreement (Hollywood Entertainment Corp)

Consequences of Default. i. Notwithstanding anything contained in this agreement, upon the occurrence of anyone or more of event(sa) If any event of default or any event which, after the notice or lapse of time or both would constitute an event of default shall have happened, the Borrower shall forthwith give the Bank notice thereof in writing specifying such event of default, or such event. The Borrower shall also promptly inform the Bank if and when any statutory notice of winding-up under this Agreement the Developer mayprovisions of the Companies Act, at its sole discretion1956 or any other law or of any suit or legal process intended to be filed/initiated against the Borrower, issue 30 days written notice calling upon is received by the Allottee(sBorrower. b) to rectify the default(s). If the Borrower makes default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount payment of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in Dues or any manner whatsoever. Thereafterpart thereof, the Developer shall bank would be at liberty (but not bound to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(sdo so) to the Developerappoint its nominee as Receiver without having resort to a Court of Law and/or to a proceeding in Court, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts due and payable to it only after resale of the said Unit. Upon termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken take possession of the said Unitproperties of the Borrower held /to be held by the Bank as security for the Credit Facility hereunder or under any other security document(s) executed / to be executed by the Borrower and/or the Guarantor(s) in favour of the Bank, then in whatever capacity, and the Developer Bank shall also be entitled to reresort to any or all the legal remedies as provided under this Agreement. c) On the question whether any of the above events/circumstances has occurred/happened, the decision of the Bank shall be final, conclusive and binding on the Borrower. d) In case of breach of the terms or in case of any of the events happening as stated hereinbefore, the Bank would have the full rights to sell, dispose off or realise the said securities, either by private treaty or public auction, at the sole discretion of the bank, on such terms and for such price that the Bank thinks fit, and apply the net proceeds towards the satisfaction of the balance outstanding in the Credit Facility account including charges, expenses, etc. or any other facility in whatever capacity. e) The Borrower hereby agrees as a pre-enter condition of the said credit Facility/ies being granted to it that in case the Borrower commit default in the repayment of the Credit Facility/ies or in the repayment of interest thereon or any of the agreed instalment of the Credit Facility/ies on due date/s, apart from the levy of penal charges and resume such charges, the Bank and/or Reserve Bank of India will have an unqualified right to disclose or publish its name or the name of its directors/partners/proprietors as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion may think fit. f) The Borrower confirms unconditionally and irrevocably that it shall have no objection in case the Bank decides to assign/sell a part of the entire Credit Facility/credit Facility along with securities of the said machinery/goods/properties etc. to another Bank/institution/limited company/ Government body or department (“assignee/buyer”). In such case the Borrower shall become the primary Borrower of such assignee /buyer and shall at no point of time raise any objection, legal or otherwise regarding assignment, transfer and sale of the securities by the Bank in favour of the assignee / buyer. g) Upon the borrower opting for any scheme or accepting any offer from his employer providing for any benefit for resigning or retiring from the employment prior to superannuation, or upon the employer terminating his employment for any reason or upon the borrower resigning or retiring from the service of the employer for any reason whatsoever then notwithstanding anything to the contrary contained in this agreement or any letter or document, the entire outstanding principal amount of the loan as well as any outstanding interest and other dues thereof shall be payable by the borrower to Bank from the amount or amounts received by him from the employer under such scheme or offer, or any terminal benefit, as the case may be. Provided however, in the event of the said amount or amounts being insufficient to repay the said sums in full, the unpaid amount remaining due to Bank shall be paid by the borrower in such manner as Bank may in its sole discretion and the payment will be made by the borrower accordingly notwithstanding anything stated in the Agreement and the Schedule. The borrower hereby irrevocably authorise, Bank to communicate with and receive the said amounts from his employer directly. h) Further, the Bank shall be entitled to forthwith take physical possession of the Properties hypothecated and/or mortgaged to the Bank (“properties”) and alienate sell, transfer the said Unit properties either by itself or through its agents and everything whatsoever contained therein sell or otherwise deal with the same to enforce the bank's security and in such eventrecover the dues, under private treaty or public auction, at the Allottee(s) and/or any other person / occupant sole discretion of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasserbank. ivi) The Borrower agrees and undertakes not to prevent or obstruct the Bank from taking possession of the properties and that the Bank's representatives will be entitled to sell, give on rent, or otherwise deal with the properties by public or private auction or private treaty, without being liable for any loss, and to apply the net proceeds thereof as specified in these presents. j) The Borrower shall pay any deficiency, forthwith to the Bank. The Developer Bank shall also be entitled to adjust any other amount of the Borrower, towards payment of such deficiency. Nothing contained in this clause shall oblige the bank to sell, hire or deal with the properties and hereby reserves its right the banks shall be entitled to cancel/terminate this Agreement proceed against the Borrower independently of such of any other security. The Borrower agrees to accept the bank's accounts in respect of such sale, hire or dealing as conclusive. k) The Bank shall be entitled to take possession of the manner described aboveproperties, in case irrespective of whether the loan has been recalled whenever in the opinion of the DeveloperBank, (athere is an apprehension of any money not being paid or the Bank's security is being jeopardised. l) The Bank shall be entitled to sell, assign, securitise or transfer, the allotment Bank's rights and obligations hereunder to any person, company, partnership, agency of the said Unit has been obtained through misrepresentation Bank's choice in whole or in part and concealment in such manner and on such terms as the Bank may decide. Any such sale, assignment, securitisation or suppression of any material fact, OR (btransfer shall conclusively bind the Borrowers. m) The Bank may at the Allottee(s) has violated or violates any risk and cost of the directionsBorrower engage one or more person(s) to collect the Borrower's outstanding and /or to enforce any security and may furnish to such person the right and authority to perform and execute all acts, rules deeds, matters and regulations framed by things connected therewith or incidental thereto as the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya PradeshBank thinks fit.

Appears in 1 contract

Sources: Loan Agreement

Consequences of Default. i. Notwithstanding anything contained It any of the Events of Default described in this agreementSection 8.01(h) or Section 8.01(i) shall occur, upon the occurrence of anyone or more of event(s) of default under this Agreement the Developer may, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice Total Commitment and the Developer Lenders' respective commitments shall be entitled to forfeit immediately terminate, the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with principal of and the interest on delayed payments, paid, due or payable, any the Loans and all other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation sums payable by Borrower hereunder and under the Developer Committed Loan Notes and Competitive Bid Loan Notes shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts become immediately due and payable to it only after resale all without protest, presentment, notice or demand, all of which the Borrower expressly waives. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, the Agent shall at the request, or may with the consent, of the said Unit. Upon termination Majority Lenders immediately terminate the Total Commitment and the Lenders' respective Commitments and, if Loans shall have been made, the Agent shall at the request, or may with the consent, of this Agreement the Majority Lenders declare the principal of and the interest on the Loans, the Committed Loan Notes and the Competitive Bid Loan Notes and all other sums payable by the DeveloperBorrower hereunder or thereunder to be immediately due and payable, whereupon the same shall become immediately due and payable all without protest, presentment, notice, or demand, all of which the Borrower expressly waives. If any Lender of a Competitive Bid Loan shall suffer an Event of Default under subsection 8.01(a) due to the Borrower's failure to pay any amount of principal on or interest of any Competitive Bid Loan made by such Lender, such Lender may send a written request to the Agent to obtain approval of the Majority Lenders to terminate the Total Commitment and the Lenders' respective Commitments, to declare the principal of and the interest on the Loans, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived Committed Loan Notes and the Allottee(sCompetitive Bid Loan Notes and all other sums payable by the Borrower hereunder or thereunder to become immediately due and payable and, if such approval is not obtained within ten (10) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with Business Days after the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in date such eventrequest is received, the Allottee(s) and/or any other person / occupant affected Lender may elect to accelerate the Competitive Bid Loan in default and may exercise remedies in respect of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or such Competitive Bid Loan by any statutory body or Competent Authority, including Government of Madhya Pradesh.and all legal means. ARTICLE IX

Appears in 1 contract

Sources: Extended Revolving Credit Agreement (Costco Wholesale Corp /New)

Consequences of Default. i. Notwithstanding anything contained If any of the Events of Default described in this agreementSection 7.01(h) or Section 7.01(i) shall occur, upon the occurrence of anyone or more of event(s) of default under this Agreement the Developer may, at its sole discretion, issue 30 days written notice calling upon the Allottee(s) to rectify the default(s). If the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice Total Commitment and the Developer Lenders' respective Commitments shall be entitled to forfeit immediately terminate, the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with principal of and the interest on delayed payments, paid, due or payable, any the Loans and all other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation sums payable by Borrower hereunder and under the Developer Committed Loan Notes and Bid Loan Notes shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts become immediately due and payable to it only after resale all without protest, presentment, notice or demand, all of which the Borrower expressly waives. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, the Agent shall at the request, or may with the consent, of the said Unit. Upon termination Majority Lenders immediately terminate the Total Commitment and the Lenders' respective Commitments and, if Loans shall have been made, the Agent shall at the request, or may with the consent, of this Agreement the Majority Lenders declare the principal of and the interest on the Loans, the Committed Loan Notes and the Bid Loan Notes and all other sums payable by the DeveloperBorrower hereunder or thereunder to be immediately due and payable, whereupon the same shall become immediately due and payable all without protest, presentment, notice, or demand, all of which the Borrower expressly waives. If any Lender of a Bid Loan shall suffer an Event of Default under subsection 7.01(a) due to the Borrower's failure to pay any amount of principal on or interest of any Bid Loan made by such Lender, such Lender may send a written request to the Agent to obtain approval of the Majority Lenders to terminate the Total Commitment and the Lenders' respective Commitments, to declare the principal of and the interest on the Loans, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived Committed Loan Notes and the Allottee(sBid Loan Notes and all other sums payable by the Borrower hereunder or thereunder to become immediately due and payable and, if such approval is not obtained within ten (10) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with Business Days after the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in date such eventrequest is received, the Allottee(s) and/or any other person / occupant affected Lender may elect to accelerate the Bid Loan in default and may exercise remedies in respect of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or such Bid Loan by any statutory body or Competent Authority, including Government of Madhya Pradeshand all legal means.

Appears in 1 contract

Sources: Quarterly Report

Consequences of Default. i. Notwithstanding anything contained (a) If an Event of Default shall have occurred, then at any time thereafter, the LESSOR may, by written notice to the LESSEE, declare the LESSEE in this agreement, upon default and demand specific performance of the occurrence of anyone or more of event(spertinent provision(s) of default the Lease Agreement or declare this Lease Agreement terminated and without further force and effect, specifying therein the effective date of termination. Upon such termination, the LESSEE shall vacate and deliver possession of the Leased Premises to the LESSOR in accordance with the terms of this Lease Agreement. The Security Deposit shall be forfeited in favor of the LESSOR. Moreover, the LESSOR shall be entitled to collect from the LESSEE, and the LESSEE shall continue to be liable for, the monthly Rent for the unexpired period of the Term. The monthly Rent shall be due to the LESSOR in addition to whatever damages, actual or consequential, that the LESSOR may incur or suffer arising from the termination of the Lease Agreement. In no case shall any amount due hereunder from the LESSEE be applied against the Security Deposit, it being understood that the entire amount thereof shall be forfeited in favor of the LESSOR. Should the LESSEE refuse to vacate the Leased Premises, the LESSOR shall have the option to exercise its rights under this Agreement Section 8.2 SECTION 7 PRETERMINATION EVENTS 7.1 Strikes and Lock Outs In the Developer event that (i) a picket line is established in or outside the Leased Premises or in the vicinity thereof due to a labor dispute involving the LESSEE or arising in any way from the conduct of the LESSEE's business, (ii) an activity is performed therein which, in the judgment of the LESSOR, interferes with or affects the operations of the RCBC Plaza or the peaceful enjoyment and possession by other lessees or occupants of the RCBC Plaza, or (iii) any event, accident or cause beyond the control of the LESSEE continuously threatens the lives of the other tenants or occupants of the RCBC Plaza or their respective employees, guests, customers or clients and the security of the RCBC Plaza itself, then the LESSOR may, at its sole discretionsale option, issue 30 days terminate the Lease Agreement by written notice calling upon to the Allottee(s) LESSEE, provided that the LESSOR shall refund to rectify the default(s)LESSEE the Security Deposit, less any amount that may be properly deducted therefrom in accordance with the terms of this Lease Agreement. If However, the default is not rectified within the notice period, this Agreement shall stand automatically cancelled without any further notice and the Developer LESSOR shall be entitled to forfeit collect the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed payments, paid, due or payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation the Developer shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting Rents pertaining to the Allottee(s) for any unexpired period of the proceeds of such sale. iiTerm. For If the removal of doubtsLESSOR shall not elect to terminate this Lease Agreement, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts due and payable to it only after resale of the said Unit. Upon termination of this Agreement by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer shall be deemed to have been waived and the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoevermay, in its sole and absolute discretion and by written notice, require the LESSEE to pay for any additional cost which the LESSOR may incur in hiring additional security guards, maintaining the event that the Allottee(s) has taken possession cleanliness of the said UnitRCBC Plaza or in contracting for such other services, then including legal services, and other costs of suit, as may be required for the Developer shall also be entitled to rewell-enter being, security and resume possession welfare of the said Unit other lessees and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant occupants of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasser. ivRCBC Plaza. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.11 <PAGE>

Appears in 1 contract

Sources: Lease Agreement

Consequences of Default. i. Notwithstanding anything contained If an Event of Default described in this agreementSection 8.1(g) or 8.1(h) hereof shall occur and be continuing, upon then in any such case, the occurrence Total Commitment and Lender's respective Commitments shall be immediately terminated and, if any Loans or Letters of anyone Credit shall have been made or more issued, the principal of event(s) and interest on the Loans, the face amounts of default all issued and outstanding Letters of Credit, and all other sums payable by Borrower hereunder and under this Agreement the Developer other Loan Documents shall become immediately due and payable all without protest, presentment, notice or demand, all of which Borrower expressly waives. If any other Event of Default shall occur and be continuing, then in any such case and at any time thereafter so long as any such Event of Default shall be continuing, Agent may, or shall at its sole discretionthe request of the Majority Lenders, issue 30 days written notice calling upon immediately terminate the Allottee(s) to rectify Total Commitment and Lenders' respective Commitments and, if any Loans or Letters of Credit shall have been made, Agent may, or shall at the default(s). If request of the default is not rectified within Majority Lenders, declare the notice period, this Agreement shall stand automatically cancelled without any further notice principal of and the Developer shall be entitled to forfeit the ▇▇▇▇▇▇▇ Money as specified in clause 2 hereinabove along with the interest on delayed paymentsthe Loans and the Notes, paidthe face amounts of all issued and outstanding Letters of Credit, and all other sums payable by Borrower hereunder and under the other Loan Documents to be immediately due or and payable, any other amount of a non- refundable nature. The Allottee(s) agrees that upon such cancellation whereupon the Developer same shall be released and discharged of all liabilities and obligations under this Agreement and the Allottee(s) shall have no right, title or interest in the said Unit in any manner whatsoever. Thereafter, the Developer shall be at liberty to sell/transfer the said Unit in any manner whatsoever and appropriate the proceeds of such sale as if this Agreement had never been executed and without accounting to the Allottee(s) for any of the proceeds of such sale. ii. For the removal of doubts, it is clarified that notwithstanding the fact that either the refund cheque has not been dispatched by the Developer, or if dispatched, it has not been received by the Allottee(s) or if received, such refund cheque remains uncashed by the Allottee(s), the mere dispatch of the notice of termination/ Cancellation of Allotment by the Developer would be deemed to be sufficient and by itself constitute termination of this Agreement and cancellation of the allotment and no further act on the part of the Developer would be necessary for this purpose. iii. The Allottee(s) understands, agrees and consents that upon such termination / Cancellation of Allotment, the Developer shall be under no obligation, save and except to refund the amounts already paid by the Allottee(s) to the Developer, without any interest, and after forfeiting and deducting the ▇▇▇▇▇▇▇ Money and other amounts become immediately due and payable all without protest, presentment, notice, or demand, all of which Borrower expressly waives. Agent agrees to provide Borrower with prompt notice of any election to declare the principal of and the interest on the Loans to be immediately due and payable pursuant to the preceding sentence, it only being agreed that such notice may be provided after resale any such acceleration is effective and after Agent and Lenders have exercised any rights of set-off or recoupment to which they are entitled hereunder or under applicable law and it being further agreed that the said Unitfailure to give such notice shall not affect the validity of such acceleration, set-off or recoupment. Upon termination Amounts paid or received hereunder in respect of this Agreement issued and outstanding Letters of Credit which exceed amounts paid by the Developer, the Allottee(s) shall have no further right or claim, which if any, against the Developer Agent under such Letters of Credit shall be deemed held (and applied) as cash collateral to have been waived secure the performance of all obligations of Borrower owing to Agent and Lenders hereunder and under the Allottee(s) hereby expressly consents thereto. The Developer shall thenceforth be free to deal with the said Unit in any manner whatsoever, in its sole and absolute discretion and in the event that the Allottee(s) has taken possession of the said Unit, then the Developer shall also be entitled to re-enter and resume possession of the said Unit and everything whatsoever contained therein and in such event, the Allottee(s) and/or any other person / occupant of the said Unit shall immediately vacate the said Unit and otherwise be liable to immediate ejectment as an unlawful occupant / trespasserLoan Documents. iv. The Developer shall also be entitled to and hereby reserves its right to cancel/terminate this Agreement in the manner described above, in case in the opinion of the Developer, (a) the allotment of the said Unit has been obtained through misrepresentation and concealment or suppression of any material fact, OR (b) the Allottee(s) has violated or violates any of the directions, rules and regulations framed by the Developer or the Maintenance Agreement or by any statutory body or Competent Authority, including Government of Madhya Pradesh.

Appears in 1 contract

Sources: Credit Agreement (Micron Electronics Inc)