Rights and Remedies Upon an Event of Default. (a) Notice of Intent to Terminate
Rights and Remedies Upon an Event of Default. If an Event of Default shall occur under this Agreement, in addition to any other rights and remedies which may be available to Bank and without limiting any other rights and remedies granted to Bank in this Agreement, the other Loan Documents and at law and in equity, including, without limitation, the rights and remedies provided to Bank under the Code, which rights and remedies are fully exercisable by Bank as and when provided herein and therein, Bank shall have the rights and remedies set forth below in this Section 9.1, any and all of which it may exercise at its election, without notice of its election and without demand.
Rights and Remedies Upon an Event of Default. 14.4.1 If a Company Event of Default has occurred and the Company Event of Default has not been cured within the period specified in Clause 14.3, then JPS, in its sole discretion, may:
Rights and Remedies Upon an Event of Default. If an Event of Default shall have occurred and be continuing, subject to the receipt of all required regulatory approvals:
Rights and Remedies Upon an Event of Default. If an Event of Default shall occur under this Agreement, in addition to any other rights and remedies which may be available to the Banks and without limiting any other rights and remedies granted to the Banks in this Agreement, the other Loan Documents and at law and in equity, including, without limitation, the rights and remedies provided to the Banks under the Code, which rights and remedies are fully exercisable by each Bank as and when provided herein and therein, the Banks shall have the rights and remedies set forth below in this Section 9.1, any and all of which any Bank may exercise at its election, without notice to Borrower of its election and without demand, but subject to the rights of each other Bank under the Intercreditor Agreement, and with immediate written notice to each other Bank of the exercise of any such right or remedy.
Rights and Remedies Upon an Event of Default. Upon and after an Event of Default, the Secured Parties shall have the following rights and remedies in addition to any rights and remedies set forth elsewhere in this Agreement, all of which may be exercised with or, if allowed by law, without notice to Grantor:
Rights and Remedies Upon an Event of Default. Upon the occurrence of any Event of Default specified in (a) in the case of this Article III, other than Sections 3.5 and 3.7, this Note may, at the election of the Holder, become immediately due and payable, and (b) in the case of Section 3.5 or Section 3.7, this Note shall become immediately due and payable and, upon this Note becoming immediately due and payable, the Borrower shall pay to the Holder, in full satisfaction of its obligations hereunder, an amount equal to the Principal Amount then outstanding plus accrued and unpaid interest (including any Default Interest) through the date of full repayment multiplied by 125% (collectively the “Default Amount”), as well as all reasonable and documented out of pocket costs, including, without limitation, legal fees and expenses, of collection, all without demand, presentment or notice, all of which hereby are expressly waived by the Borrower, but limited to, in the case of fees and expenses of legal counsel, to one (1) primary legal counsel of Xxxxxx. Holder may, in Xxxxxx’s sole discretion, convert all or any portion of this Note (including the Default Amount) into Common Stock pursuant to the terms of this Note (for the avoidance of doubt, this shall apply even if such conversion occurs after the Maturity Date). For purposes of payments in Common Stock, the conversion formula set forth in Section 1.2 shall apply as well as all other provisions of this Note. The Holder shall be entitled to exercise all other rights and remedies available at law or in equity.
Rights and Remedies Upon an Event of Default. (a) Upon the occurrence of any Event of Default and at any time thereafter, the Secured Parties, acting through the Agent, shall have the right to exercise all of the remedies conferred hereunder and under the Notes, and the Secured Parties shall have all the rights and remedies of a secured party under the UCC. Without limitation, the Agent, for the benefit of the Secured Parties, shall have the following rights and powers:
Rights and Remedies Upon an Event of Default. Upon the occurrence of any Event of Default specified in this Article III, this Note shall become immediately due and payable, and the Borrower shall pay to the Holder, in full satisfaction of its obligations hereunder, the greater of (i) an amount equal to the Principal Amount then outstanding plus accrued interest (including any Default Interest) through the date of full repayment multiplied by 125% (collectively the “Default Amount”) or (ii) the “parity value” of the Default Amount, where parity value means (a) the highest number of shares of Common Stock issuable upon conversion of such Default Amount in accordance with the terms of this Note (without giving effect to any beneficial ownership limitations contained in this Note), treating the date that the respective Event of Default occurs as the “Conversion Date” for purposes of determining the Conversion Price, multiplied by (b) the volume weighted average price for the Common Stock on the date that the respective Event of Default occurs (the “Default Parity Amount”), plus, in each such case, all costs, including, without limitation, legal fees and expenses, of collection, all without demand, presentment or notice, all of which hereby are expressly waived by the Borrower. The Holder may convert the greater of the (i) Default Amount or (ii) Default Parity Amount into Common Stock pursuant to the terms of this Note (including but not limited to the conversion formula set forth in this Note as well as all other provisions of this Note). The Holder shall be entitled to exercise all other rights and remedies available at law or in equity.
Rights and Remedies Upon an Event of Default. Upon the occurrence and during the continuation of any Event of Default specified in this Article III which remains uncured for five (5) days after written notice from Holder provided to Borrower, this Note shall become immediately due and payable and the Borrower shall pay to the Holder, in full satisfaction of its obligations hereunder, an amount (the “Default Amount”) equal to the Principal Amount then outstanding plus accrued interest (including any Default Interest) through the date of full repayment multiplied by one hundred twenty-five percent (125%). Holder may, in its sole discretion, determine to accept payment part in Common Stock and part in cash. For purposes of payments in Common Stock, the conversion formula set forth in Section 1.2 shall apply. Upon an uncured Event of Default, all amounts payable hereunder shall immediately become due and payable, all without demand, presentment or notice, all of which hereby are expressly waived by the Borrower, together with all costs, including, without limitation, legal fees and expenses, of collection, and the Holder shall be entitled to exercise all other rights and remedies available at law or in equity, including, without limitation.
