Occurrence of Default. Any Transfer hereunder shall be subordinate and subject to the provisions of this Lease, and if this Lease shall be terminated during the term of any Transfer, Landlord shall have the right to: (i) treat such Transfer as cancelled and repossess the Subject Space by any lawful means, or (ii) require that such Transferee attorn to and recognize Landlord as its landlord under any such Transfer. If Tenant shall be in default under this Lease, Landlord is hereby irrevocably authorized, as Tenant’s agent and attorney-in-fact, to direct any Transferee to make all payments under or in connection with the Transfer directly to Landlord (which Landlord shall apply towards Tenant’s obligations under this Lease) until such default is cured. Such Transferee shall rely on any representation by Landlord that Tenant is in default hereunder, without any need for confirmation thereof by Tenant. Upon any assignment, the assignee shall assume in writing all obligations and covenants of Tenant thereafter to be performed or observed under this Lease. No collection or acceptance of rent by Landlord from any Transferee shall be deemed a waiver of any provision of this Article 14 or the approval of any Transferee or a release of Tenant from any obligation under this Lease, whether theretofore or thereafter accruing. In no event shall Landlord’s enforcement of any provision of this Lease against any Transferee be deemed a waiver of Landlord’s right to enforce any term of this Lease against Tenant or any other person. If Tenant’s obligations hereunder have been guaranteed, Landlord’s consent to any Transfer shall not be effective unless the guarantor also consents to such Transfer.
Occurrence of Default. Upon the occurrence of an Event of Default, the non-defaulting party shall give written notice to the defaulting party specifying the alleged default. The defaulting party shall then be entitled to 10 days after receipt of such notice within which to cure any monetary default and 30 days within which to cure any non-monetary default. If the party entitled to cure the Event of Default does not cure the Event of Default within the cure period specified above, then such party shall be deemed to be in default of this Agreement. Any such default shall not relieve the defaulting party from any of its obligations hereunder, and in the event of a default, the non-defaulting party hereunder shall, except as provided in this Agreement, be entitled to whatever remedies at law or in equity are available to it.
Occurrence of Default. As soon as possible and in any event within ten days after a Responsible Officer of either Borrower shall obtain actual knowledge of the occurrence of a Default continuing on the date of such statement, a statement of the chief financial officer of such Borrower setting forth details of such Default and the action that such Borrower has taken and proposes to take with respect thereto.
Occurrence of Default. Upon the occurrence of an Event of Default, unless such Event of Default is subsequently waived in writing by Lender, Lender shall be entitled, at the option of Lender, to exercise any or all of the following rights and remedies:
Occurrence of Default. Upon the occurrence of a default by a party, the other party may exercise any right or remedy it may have at law and/or in equity; provided that Transporter shall not be entitled to terminate this Agreement. If pursuant to an arbitration proceeding conducted in accordance with Section 14.9, it is determined that as a result of a Shipper default Transporter has suffered a specified amount of damages, the arbitrators may provided as a remedy to Transporter that Transporter may sell a portion of Shipper's carbon dioxide necessary to generate sufficient proceeds to reimburse Transporter for such damages.
Occurrence of Default. Any Transfer hereunder shall be subordinate and subject to the provisions of this Lease, and if this Lease shall be terminated during the term of any Transfer, Landlord shall have the right to:
Occurrence of Default. Agent shall not exercise any of the rights and powers conferred upon it herein until and unless there shall occur a default hereunder or an Event of Default as defined in the Credit Agreement. Notwithstanding the foregoing, Agent shall be under no obligation to exercise its rights hereunder.
Occurrence of Default. A Party shall be in “default” under this Agreement in any of the following circumstances (each a “Default”):
Occurrence of Default. Upon the occurrence and during the continuance of a Default with respect to Section 9.01(f) or (g) of the Credit Agreement or an Event of Default, and notwithstanding any provision contained herein to the contrary, subject to the Applicable Insurance Code, the Collateral Agent may exercise from time to time any rights and remedies available to it under the Uniform Commercial Code as in effect from time to time in Illinois or otherwise available to it, including, without limitation, sale, assignment, or other disposal of the Collateral in exchange for cash or credit. If any notification of intended disposition of any of the Collateral is required by law, such notification, if mailed, shall be deemed reasonably and properly given if mailed at least ten (10) days before such disposition, postage prepaid, addressed to the Pledgor either at the address of the Pledgor shown below, or at any other address of the Pledgor appearing on the records of the Collateral Agent. Any proceeds of any disposition of Collateral shall be applied as provided in Section 9 hereof. No rights and remedies of the Collateral Agent expressed hereunder are intended to be exclusive of any other right or remedy, but every such right or remedy shall be cumulative and shall be in addition to all other rights and remedies herein conferred, or conferred upon the Collateral Agent under any other agreement or instrument relating to any of the Liabilities or security therefor or now or hereafter existing at law or in equity or by statute. No delay on the part of the Collateral Agent in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise by the Collateral Agent of any right or remedy shall preclude other or further exercise thereof or the exercise of any other right or remedy. No action of the Collateral Agent permitted hereunder shall impair or affect the rights of the Collateral Agent in and to the Collateral.
Occurrence of Default. A default under this Agreement shall occur if either party hereto violates, breaches, or fails to comply with any provision of, or obligation under, this Agreement (including, without limitation, by reason of its violation, breach, or failure to comply with any portion of the Applicable Public Housing Requirements). A default by Owner that is attributable to an action or omission, or assertion or demonstration of an intended action or omission, of a Management Agent shall be deemed a default by Owner for purposes of this section (unless said Management Agent is an affiliate of the Authority) except to the extent that Owner diligently is pursuing the remedies available to Owner for such a default in accordance with the provisions of the Management Agreement as then in force.
