Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by Buyer, Buyer may, by notice to Seller, declare all Obligations to be immediately due and payable, and any obligation of Buyer to enter into Transactions with Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of Buyer to enter into Transactions with Seller shall immediately terminate. Buyer may enforce payment of the same and exercise any or all of the rights, powers and remedies possessed by Buyer, whether under this Agreement or any other Program Agreement or afforded by applicable law.
Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by Administrative Agent, Administrative Agent may (or shall, at the direction of the Required Buyers), by notice to Seller, declare all Obligations to be immediately due and payable, and any obligation of Administrative Agent and Buyers to enter into Transactions with Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of Administrative Agent and Buyers to enter into Transactions with Seller shall immediately terminate. Administrative Agent may (or shall at the direction of the Required Buyers) enforce payment of the same and exercise any or all of the rights, powers and remedies possessed by Administrative Agent and Buyers, whether under this Agreement or any other Program Agreement or afforded by applicable law.
Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by the Buyers (at the written direction of the Indenture Trustee on behalf of the Noteholders), the Buyers may (at the written direction of the Indenture Trustee on behalf of the Noteholders), by notice to the Sellers, declare all Obligations to be immediately due and payable, and any obligation of the Buyers to enter into Transactions with the Sellers shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(c), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyers to enter into Transactions with the Sellers shall immediately terminate. The Buyers may enforce payment of the same and exercise any or all of the rights, powers and remedies possessed by the Buyers, whether under this Agreement or any other Program Agreement or afforded by Applicable Law.
Due and Payable. Upon the occurrences of any such Event of Default, the Lender at its option and exercised by written notice to the Maker, shall deem the principal under this New Note, together with the interest and charges accrued thereon, become immediately due and payable. The Lender may exercise any or all of the rights and remedies granted under the provisions of the Uniform Commercial Code of the State of Colorado (as now or hereafter in effect). Any proceeds realized from the disposition of the assets of the Maker under bankruptcy or liquidation provisions, shall: (i) first be applied to the payment of any wages due to any employees of the Maker, pursuant to Colorado Department of Labor statutes; (ii) then to any secured indebtedness of the Maker; (iii) then to any expenses incurred by the Lender in connection with the disposition; and (iv) the balance shall be applied to the payment of the Credit Line Balance; (v) then to any trade or vendor indebtedness; (vi) thereafter to any other indebtedness and the equity shareholders of the Maker. Any surplus proceeds shall be an asset of the Maker. In the event such proceeds prove insufficient to satisfy all indebtedness secured hereunder, then the Maker shall be liable for the deficiency.
Due and Payable. Upon the occurrences of any such Event of Default, the Lender at the Lender’s option and exercised by written notice to the Borrower, shall deem the principal under this Bridge Loan Agreement, together with the interest and charges accrued thereon, become immediately due and payable. The Lender may exercise any or all of the rights and remedies granted under the provisions of the Uniform Commercial Code of the State of Delaware (as now or hereafter in effect). Any proceeds realized from the disposition of the assets of the Borrower under bankruptcy or liquidation provisions, shall: (i) first be applied to the payment of any wages due to any employees of the Borrower pursuant to Colorado Department of Labor statutes; (ii) then to any secured indebtedness of the Borrower; (iii) then to any expenses incurred by the Lender in connection with the disposition; and (iv) the balance shall be applied to the payment of the Loan Amount; (v) then to any trade or vendor indebtedness; (vi) thereafter to any other indebtedness and the equity shareholders of the Borrower. Any surplus proceeds shall be an asset of the Borrower. In the event such proceeds prove insufficient to satisfy all indebtedness secured hereunder, then Borrower shall be liable for the deficiency.
Due and Payable. Upon the occurrences of any such event of default, Lender at its option exercised by written notice to Borrower shall deem the principal under the Note, together with the interest and charges accrued thereon, become immediately due and payable.
Due and Payable. Term Notes for which Lenders have accepted the Change of Control Purchase Offer and Term Notes which the Borrower has elected to redeem in accordance with Section 2.6(C) shall become due and payable at the Offer Price in cash in the same manner and with the same effect as if the Change of Control Purchase Date were the Maturity Date, anything therein or herein to the contrary notwithstanding and notwithstanding that the actual purchase thereof may be subsequent to the Change of Control Purchase Date, and from and after the Change of Control Purchase Date, if the money necessary to purchase or redeem the Term Notes shall have been deposited as provided in Section 2.6(D), interest on the Term Notes shall cease.
Due and Payable. Upon the occurrence of any Event of Default, at the option of the Majority Banks, all obligations of Borrower contained herein or in the Notes shall become due and payable immediately without presentment, demand, or notice to Borrower or any other person obligated hereon or thereon, except as otherwise provided in Section 11.1.(b) and Section 11.1.(d) above. Notwithstanding anything in this Agreement or the Notes to the contrary, upon the occurrence of an Event of Default, Banks shall be entitled to payment from Borrower only from (i) the unreleased Shares of Stock of National, (ii) the Contributions, and (iii) earnings attributable to the unreleased shares of Stock of National and the investment of the Contributions.
Due and Payable. Each Parallel Debt of a Relevant Obligor will become due and payable as and when one or more of the Principal Obligations of such Relevant Obligor become due and payable. Each Parallel Debt will be payable in the Currency or Currencies of the relevant Principal Obligations.
Due and Payable. The License Fees shall be due and payable to Licensor as follows: (i) the Company Guaranteed Minimum License Fee shall be paid ***; and (ii) any overages based on Net Revenue above the Company Guaranteed Minimum License Fee shall be ***. Any necessary adjustments thereto shall be made within thirty (30) days after the Company receives audited financial statements.
