Default Action Sample Clauses

Default Action. Customer absolutely and unconditionally agrees that, after the occurrence of any Event of Default, AM UK and its Affiliates shall have the right, in their respective sole discretion, but not the obligation, to take any one or more of the following actions, by themselves or through AM AS or another AM UK Affiliate, at any time, without prior notice or demand to Customer: (1) to terminate these Terms of Securities Trading , any or all of AM UK`s and/or AM AS`s obligations to Customer for future performance thereunder, and/or Customer`s use of the facilities and services provided by or through AM UK or any of its Affiliates; (2) to liquidate, sell, or close-out any or any part of Customer`s Transactions or open positions or the cash, security or other property in any of Customer`s accounts, whether carried individually or jointly with others, at any time, in any such manner (including by the entry of offsetting transactions), and in any market as AM UK or its Affiliates deem necessary; (3) to hedge and/or offset such Transactions, open positions, cash, securities and other property in the cash or other market, including a related but separate market; (4) to cancel any open orders for the purchase of any Transactions; or (5) to borrow and/or buy any property required to make delivery against any sales, including short sales, effected for Customer.

Default Action. If the Landlord reasonably believes that the Tenant has breached an obligation under this Lease, the Landlord may, by written notice to the Tenant with immediate effect:

Default Action. If any Member or its Affiliate commits any Default Action (as defined below), then in addition to any other legal or equitable remedy available to the other Member (or pursuant to the terms of this Agreement), such other Member shall be entitled to recover from the breaching Member its actual damages, including reasonable attorney’s fees (but specifically excluding special, consequential, punitive or exemplary damages) sustained by the non-breaching Member as a result of such Default Action, except to the extent of damages attributable to a coincident Default Action of such other Member and/or its Affiliate. The following actions are collectively referred to as “Default Actions”: (i) Bankruptcy of a Member; (ii) fraud, willful misconduct or gross negligence on the part of a Member in connection with the business or affairs of the Company; (iii) willful misappropriation of Company funds; (iv) the material breach or violation of this Agreement (but expressly excluding a Member’s failure to make an Additional Capital Contribution); (v) the transfer of a Membership Interest or a direct or indirect ownership interest in the Manager in violation of this Agreement or, in the case of the TCR Member, the occurrence of a TCR Change of Control in violation of this Agreement; (vi) any action or omission that, to the extent caused solely by a Member’s actions or omissions, results in Lender asserting liability under any non-recourse carveout guaranty for “bad boy” acts or omissions or Bankruptcy-related events (but expressly excluding therefrom, any liquidity based non-recourse carveout); (viii) withdrawal of a Member in violation of this Agreement; and (ix) the Bankruptcy of a Member or any Affiliate of a Member (including, in the case of the TCR Member, the General Contractor, the Developer or one or more TCR Guarantors) that causes an event of default under the Loan.

Default Action. Customer absolutely and unconditionally agrees that, after the occurrence of any Event of Default, TFM LTD and its Affiliates shall have the right, in their respective sole discretion, but not the obligation, to take any one or more of the following actions, by themselves or through TFM AS or another TFM LTD Affiliate, at any time, without prior notice or demand to Customer: (1) to terminate these Terms of Securities Trading , any or all of TFM LTD s and/or TFM LTD obligations to Customer for future performance thereunder, and/or Customer`s use of the facilities and services provided by or through TFM LTD or any of its Affiliates; (2) to liquidate, sell, or close-out any or any part of Customer`s Transactions or open positions or the cash, security or other property in any of Customer`s accounts, whether carried individually or jointly with others, at any time, in any such manner (including by the entry of offsetting transactions), and in any market as TFM LTD or its Affiliates deem necessary; (3) to hedge and/or offset such Transactions, open positions, cash, securities and other property in the cash or other market, including a related but separate market; (4) to cancel any open orders for the purchase of any Transactions; or (5) to borrow and/or buy any property required to make delivery against any sales, including short sales, effected for Customer.

Default Action. You agree that, after the occurrence of any Event of Default, IBUK, IBLLC and their Affiliates shall have the right, in their respective sole discretion, but not the obligation, to take any one or more of the following actions, by themselves or through IBLLC or another IBUK Affiliate, at any time, without prior notice or demand to you to:

Default Action. If the Council’s Representative has:- 12.5.1 indicated in a Default Notice that the Provider intends to take Default Action; and 12.5.2 has either employed another contractor or the Council's own labour (both of whom are termed the “Default Provider”) to remedy the Default; 12.5.3 then the Council shall be entitled to charge the Provider the additional cost of so doing from the Provider which shall include:- 12.5.3.1 the procuring of the Default Provider; 12.6.3.2 the additional supervision and assistance needed by the Default Provider; and 12.5.3.3 the additional rates payable to the Default Provider above that tendered by the Provider.

Default Action. 2.1 You agree that, after the occurrence of any Event of Default, IBUK and its Affiliates shall have the right, in their respective sole discretion, but not the obligation, to take any one or more of the following actions, by themselves or through an Affiliate, at any time, without prior notice or demand to you to: (i) terminate: (A) this Agreement; (B) any of IBUK's obligations to you; and/or (C) your use of the facilities and services provided by or through IBUK or any of its Affiliates; (ii) liquidate, sell, or close-out any or any part of your transactions or open positions or the cash, security or other property in any of your IBUK Accounts, whether carried individually or jointly with others, at any time, in any such manner (including by the entry of offsetting transactions), and in any market as IBUK or its Affiliates deem necessary; (iii) hedge and/or offset such transactions, open positions, cash, securities and other property in the cash or other market, including a related but separate market; (iv) cancel any open orders for the purchase of any transactions; (v) borrow and/or buy any property required to make delivery against any sales effected for you; or (vi) exercise any or all option contracts to which you are a party. In the event of a liquidation upon an Event of Default, Clause A14 of this Agreement will apply. 1.1 IBUK and its Affiliates shall be entitled, at any time, in their discretion, and without notice to you, to: (i) debit any sums due to IBUK or its Affiliates under this Agreement (including any sums due pursuant to any transaction) to any of your IBUK Accounts held on the books of IBUK or its Affiliates; (ii) convert any sums at such current rates as IBUK or its Affiliates consider appropriate into such currencies as IBUK or its Affiliates may consider appropriate; and (iii) merge, consolidate or combine all or any of your IBUK Account(s) and set off any amount (whether actual or contingent, present or future) at any time owing to IBUK or its Affiliates to you or standing to your credit on any IBUK Account against any amount (whether actual or contingent, present or future) owing by you to IBUK or its Affiliates. Any security given to IBUK or to any of its Affiliates by or with respect to you, for any purpose, shall extend to any amount owing from you to IBUK or its Affiliates, after such exercise of such right of set-off.

Default Action. Notwithstanding Clause 23, and subject to Clause 6 (b), You acknowledge that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 35 calendar days of the due date, We may enter the Storage Area, by force or otherwise, retain the Deposit and/or sell or dispose of any of Your Goods in the Storage Area on such terms that We may determine (“Default Action”). For the purposes of the Personal Property Securities ▇▇▇ ▇▇▇▇, We are deemed to be in possession of Your Goods from the moment We access the Storage Area. You consent to and authorise the sale or disposal of any or all of Your Goods by whatever means are convenient to Us, regardless of their nature or value. We may also require payment of Default Action costs, including any costs associated with accessing Your Storage Area and disposal or sale of the Your Goods. Any excess funds will be returned to You within 6 months of the sale of Your Goods. In the event that You cannot be located, excess funds will be deposited with the Public Trustee or equivalent authority. In the event that You have more than one Storage Area with Us, default on any Storage Area authorises Us to take Default Action against all Storage Areas.