REMEDIES OF THE. Indemnitee in Cases of Determination not -------------------------------------------------------- to Indemnify or to Advance Expenses. In the event that a determination is made ----------------------------------- that the Indemnitee is not entitled to indemnification hereunder or if payment has not been timely made following a determination of entitlement to indemnification pursuant to Sections 7 and 8, or if expenses are not advanced pursuant to Section 9, the Indemnitee shall be entitled to a final adjudication in any appropriate court of the State of Delaware or any other court of competent jurisdiction of his/her entitlement to such indemnification or advance. Alternatively, the Indemnitee at his/her option may seek an award in arbitration to be conducted by a single arbitrator pursuant to the rules of the American Arbitration Association, such award to be made within sixty days following the filing of the demand for arbitration. The Company shall not oppose the Indemnitee's right to seek any such adjudication or award in arbitration or any other claim. Such judicial proceeding or arbitration shall be made de novo and the Indemnitee shall not be prejudiced by reason of a -- ---- determination (if so made) that he/she is not entitled to indemnification. If a determination is made or deemed to have been made pursuant to the terms of Section 7 or Section 8 hereof that the Indemnitee is entitled to indemnification, the Company shall be bound by such determination and is precluded from asserting that such determination has not been made or that the procedure by which such determination was made is not valid, binding and enforceable. The company further agrees to stipulate in any such court or before any such arbitrator that the Company is bound by all the provisions of this Agreement and is precluded from making any assertions to the contrary. If the court or arbitrator shall determine that the Indemnitee is entitled to any indemnification hereunder, the Company shall pay all reasonable expenses (including attorneys' fees) and costs actually incurred by the Indemnitee in connection with such adjudication or award in arbitration (including, but not limited to, any appellant proceedings).
REMEDIES OF THE. TRUSTEE AND
REMEDIES OF THE. BANK SECTION 7.01
REMEDIES OF THE. BANK 4.01. The Additional Event of Suspension consists of the following, namely, a situation has arisen that shall make it improbable that the Program, or a significant part of it, will be carried out. 4.02. The Additional Event of Acceleration consists of the following, namely, that the event specified in Section 4.01 of this Agreement occurs and is continuing for a period of thirty (30) days after notice of the event has been given by the Bank to the Borrower. ARTICLE V -
REMEDIES OF THE. Mortgage Trustee and the Issuer with Respect to fixtures Constituting a Part of the Mortgaged Property. Upon the occurrence of an event of default, the Mortgage Trustee or the Issuer, may elect with regard to the fixtures constituting a part of the Mortgaged Property, to proceed under this Deed of Trust or to exercise such rights as are provided by the Uniform Commercial Code of the State.
REMEDIES OF THE. SECURITY TRUSTEE UPON A SUBORDINATED EVENT OF DEFAULT
REMEDIES OF THE. SUBORDINATED CREDITOR. Each of the Subordinated Creditor agrees that, so long as the Obligations shall not have been paid indefeasibly in full in cash and the Credit Agreement Termination Date has occurred, such Subordinated Creditor will not take, sxx for, ask or demand from the Company or its Subsidiaries, payment of all or any of the Subordinated Debt, or exercise any remedy against the Company or its Subsidiaries available contractually, by law or otherwise, or commence in its capacity as a creditor, or join with any creditor in commencing, or directly or indirectly cause in its capacity as creditor to the Company or its Subsidiaries to commence, or assist the Company or its Subsidiaries in commencing, any Proceeding or any other remedy against the Company or its Subsidiaries.
REMEDIES OF THE. Holders of CVRs on Event of Defaults ----------------------------------------------------
REMEDIES OF THE. WORLD BANK
REMEDIES OF THE. Issuer Notwithstanding any contrary provision in this Indenture, the Issuer shall have the right to take any action or make any decision with respect to proceedings for indemnity against the liability of the Issuer and for collection or reimbursement from sources other than moneys or property held under this Indenture or subject to the lien hereof. The Issuer may enforce its rights under this Indenture which have not been assigned to the Trustee by legal proceedings for the specific performance of any obligation contained herein or for the enforcement of any other appropriate legal or equitable remedy, and may recover damages caused by any breach by the Company of its obligations to the Issuer under this Indenture, including court costs, reasonable attorney's fees and other costs and expenses incurred in enforcing such obligations.
