Events of Default and Remedies. At the option of Payee, the entire principal balance of, together with all accrued and unpaid interest on, this Note shall at once become due and payable, without further notice or demand, upon the occurrence at any time of any of the following events or default ("Events of Default"):
Events of Default and Remedies. Should a Default under the Note Purchase Agreement or a default or event of default under the Security Agreement (either an Event of Default for purposes of this Note) occur and be continuing, Purchaser may, at its election, do any one or more of the following: (a) exercise one or more remedies provided for in the Note Purchase Agreement or Security Agreement; (b) declare the entire unpaid balance of principal of and accrued, unpaid interest upon this Note to be immediately due and payable; (c) reduce any claim to judgment; (d) foreclose any or all liens and security interests securing payment thereof or any part thereof; and/or (e) enforce any of Purchasers other rights and remedies provided under or pursuant to any applicable laws or agreement. All rights and remedies of Purchaser shall be cumulative and concurrent and may be pursued singularly, successively, or together, and may be exercised as often as the occasion therefor shall arise and whether or not Purchaser has initiated any foreclosure proceeding, judicial or otherwise. Failure by Purchaser to exercise any right or remedy upon the occurrence of an Event of Default shall not constitute a waiver of the right to exercise such right or remedy upon the occurrence of any subsequent Event of Default. In the event that Purchaser, after the occurrence of an Event of Default hereunder, consults an attorney regarding the enforcement of any of its rights under this Note or if this Note is placed in the hands of an attorney for collection or if suit be brought to enforce this Note, Company promises to pay all costs thereof, including reasonable attorneys fees. Such costs and attorneys fees shall include, without limitation, costs and reasonable attorneys fees incurred by Purchaser in any appellate proceedings or in any proceedings under any present or future federal Bankruptcy act, state receivership law or probate.
Events of Default and Remedies. In case one or more of the following events (each an Event of Default) shall have occurred and be continuing: (a) default in the payment of the principal of, or interest on, this Note as and when the same shall become due and payable; or (b) failure on the part of the Issuer duly to observe or perform any other of the covenants or agreements on the part of the Issuer contained herein (other than those covered by clause (a), above) for a period of thirty (30) days after the date on which written notice specifying such failure, stating that such notice is a Notice of Default
Events of Default and Remedies. Section 701. Events of Default. Event of Default, wherever used herein, means with respect to any Series, Class or Tranche of Notes any one of the following events (whatever the reason for such Event of Default and whether it will be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body), unless such event is either expressly stated to be inapplicable to a particular Series, Class or Tranche or specifically deleted or modified in the applicable Indenture Supplement creating such Series, Class or Tranche of Notes or in the form of Note for such Series, Class or Tranche:
Events of Default and Remedies 10.1 Under this Agreement, each of the following shall constitute an "Event of Default": (a) The Company fails to make any payment or deposit or comply with any instruction of the Agent permitted under this Agreement with respect to such payment of (i) principal required by this Agreement when due (including payments due under Section 3.8), or (ii) interest or other Obligations within two Business Days of the date when due; or (b) The Company fails to perform or observe any term, covenant or agreement set forth in (i) Sections 7.2(d), 7.2(g), 7.2(h), 7.2(k) or 7.5 or clauses (a), (b), (e) or (f) of Section 7.6 hereunder and such failure remains unremedied for two Business Days following notice thereof by the Agent to the Company, or (ii) Sections 7.5(g) or 7.5(h); or (c) (i) The Company commits fraud or makes any intentional misrepresentation under or in connection with this Agreement including in connection with any Monthly Report delivered pursuant hereto; or (ii) without duplication, any representation or warranty made or deemed to be made by the Company under or in connection with this Agreement or any Monthly Report delivered pursuant hereto proves to have been false or incorrect which causes or constitutes a Material Adverse Effect; or (d) The Company fails to perform or observe any other term, covenant or agreement contained in this Agreement (other than as referred to in Section 10.1(a) or (b)) on its part to be performed or observed and any such failure remains unremedied for 30 days after notice thereof has been given by the Agent to the Company; or NY3 - 380504.07 (e) The valid and perfected first priority security interest in the Collateral for any reason ceases to be in full force and effect in favor of the Agent for the benefit of the Lenders except to the extent expressly permitted by the terms of Section 6.8 or the applicable Loan Documents; or (f) (i)(A) The Company generally fails to pay its debts as such debts become due, or admits in writing its inability to pay its debts generally, or makes a general assignment for the benefit of creditors; or (B) any proceeding is instituted by or against the Company seeking to adjudicate it bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of an order for relief or the appointment of a ...