Common use of Rights of Investor upon Default Clause in Contracts

Rights of Investor upon Default. Upon the occurrence of any Event of Default (other than an Event of Default described in Sections 6(e) or 6(f)) and at any time thereafter during the continuance of such Event of Default, each Investor may, with the written consent of the Requisite Holders, Anson Investments Master Fund LP, a Cayman Islands limited partnership (“Anson Investments”) and Anson East Master Fund LP, a Cayman Islands exempted limited partnership (“Anson East” and together with Anson Investments, “Anson”) by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrary. Upon the occurrence of any Event of Default described in Sections 6(e) or 6(f), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrary. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, each Investor may, with the written consent of the Requisite Holders and Anson, exercise any other right, power or remedy granted to it by the Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both.

Rights of Investor upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default described in Sections 6(e) or 6(fSection 2(a)) , and at any time thereafter during the continuance of such Event of Default, each Investor may, with the written consent of the Requisite Holders, Anson Investments Master Fund LP, a Cayman Islands limited partnership (“Anson Investments”) and Anson East Master Fund LP, a Cayman Islands exempted limited partnership (“Anson East” and together with Anson Investments, “Anson”) may by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrarycontrary notwithstanding. Upon the occurrence or existence of any Event of Default described in Sections 6(eSection 2 (other than clause (a) or 6(fthereof), immediately and without noticeat any time thereafter during the continuance of such Event of Default, the Required Holders may by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder shall automatically become to be immediately due and payable, payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrarycontrary notwithstanding. In Subject to (and as limited by) the foregoing and the terms of the Security Agreement, in addition to the foregoing remediesany other remedies hereunder, upon the occurrence and during the continuance or existence of any Event of Default, each Investor may, with the written consent of the Requisite Holders and Anson, may exercise any other right, right power or remedy granted to it by the Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both. For purposes of this Note: “Obligations” means all loans, advances, debts, liabilities and obligations, howsoever arising, owed by the Company and the other Grantors to Investor or the Collateral Agent of every kind and description (whether or not evidenced by any note or instrument and whether or not for the payment of money), now existing or hereafter arising under or pursuant to the terms of this Note, the Purchase Agreement and the other Transaction Documents, including, all interest, fees, charges, expenses, attorneys’ fees and costs and accountants’ fees and costs chargeable to and payable by the Company and the other Grantors hereunder and thereunder, in each case, whether direct or indirect, absolute or contingent, due or to become due, and whether or not arising after the commencement of a proceeding under Title 11 of the United States Code (11 U. S. C. Section 101 et seq.), as amended from time to time (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding.

Rights of Investor upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default described referred to in Sections 6(e3(a) or 6(fand (f), and Section 3(c) with respect to the representations and warranties made by the Company in Section 2A of the Purchase Agreement) and at any time thereafter during the continuance of such Event of Default, each Investor may, with the written consent of the Requisite Holders, Anson Investments Master Fund LP, a Cayman Islands limited partnership (“Anson Investments”) and Anson East Master Fund LP, a Cayman Islands exempted limited partnership (“Anson East” and together with Anson Investments, “Anson”) may by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in accordance with the other Transaction Documents to payment schedule set forth in (ii) of the contrarysecond introductory paragraph of this Note. Upon the occurrence or existence of any Event of Default described in Sections 6(e3(a) or 6(fand (f), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrary. In addition to the foregoing remediesremedy, upon the occurrence and during the continuance or existence of any Event of Default, each Investor may, with Default and subject to the written consent of the Requisite Holders and Ansona Majority in Interest, Investor may exercise any other right, power or remedy granted to it by the Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both. Upon the occurrence or existence of an Event of Default described in Section 3(c) with respect to the representations and warranties made by the Company in Section 2A of the Purchase Agreement, the Company shall cause Binzhou Broadcast and Television Information Network Co., Ltd. to enforce any and all rights, power or remedy available to it under the Asset Transfer Agreement or otherwise permitted to it by law, either by suit in equity or action at law and seek damages for the benefit of the Holders and the Company.

Rights of Investor upon Default. Upon the occurrence of any Event of Default (other than an Event of Default described in Sections 6(e3(b) or 6(f3(c)) and at any time thereafter during the continuance of such Event of Default, each Investor may, with the written consent of the Requisite Holders, Anson Investments Master Fund LP, a Cayman Islands limited partnership (“Anson Investments”) and Anson East Master Fund LP, a Cayman Islands exempted limited partnership (“Anson East” and together with Anson Investments, “Anson”) by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrarycontrary notwithstanding. Upon the occurrence of any Event of Default described in Sections 6(e3(b) or 6(f3(c), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrarycontrary notwithstanding. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, each Investor may, with the written consent of the Requisite Holders and AnsonInvestor, exercise any other right, power or remedy granted to it by the Transaction Documents this Note or otherwise permitted to it by law, either by suit in equity or by action at law, or both.. Additionally, upon the occurrence of any Event of Default, the outstanding principal balance of this Note shall bear interest (“Default Interest”) while such default exists at the lesser of: (a) eighteen percent (18%) per annum and (b) the maximum legally permissible rate (the “Default Rate”). Monaker Group, Inc. – Convertible Promissory Note ($1,000,000) Effective September 30, 2020

Rights of Investor upon Default. Upon the occurrence or existence of any Event of Default (other than an Event of Default described referred to in Sections 6(eSection 3(a) or 6(fand(f), and Section 3(c) with respect to the representations and warranties made by the Company in Section 2(m) of the Purchase Agreement) and at any time thereafter during the continuance of such Event of Default, each Investor may, with the written consent of the Requisite Holders, Anson Investments Master Fund LP, a Cayman Islands limited partnership (“Anson Investments”) and Anson East Master Fund LP, a Cayman Islands exempted limited partnership (“Anson East” and together with Anson Investments, “Anson”) may by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in accordance with the other Transaction Documents to payment schedule set forth in (ii) of the contrarysecond introductory paragraph of this Note. Upon the occurrence of any Event of Default described in Sections 6(e3(a) or 6(fand (f), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrary. In addition to the foregoing remediesremedy, upon the occurrence and during the continuance or existence of any Event of Default, each Investor may, with Default and subject to the written consent of the Requisite Holders and Ansona Majority in Interest, an Investor may exercise any other right, power or remedy granted to it by the Transaction Documents or otherwise permitted to it by law, either by suit in equity or by action at law, or both. Upon the occurrence or existence of an Event of Default described in Section 3(c) with respect to the representations and warranties made by the Company in Section 2(m) of the Purchase Agreement, the Company shall cause Advertising Networks Limited and its subsidiaries and affiliates to enforce any and all rights, power or remedy available to it directly or indirectly under the Yellow River Acquisition Agreements and the Kunming Acquisition Agreements or otherwise permitted to it by law, either by suit in equity or action at law and seek damages for the benefit of the Holders and the Company.

Rights of Investor upon Default. Upon the occurrence of any Event of Default (other than an Event of Default described in Sections 6(e3(b) or 6(f3(c)) and at any time thereafter during the continuance of such Event of Default, each Investor may, with the written consent of the Requisite Holders, Anson Investments Master Fund LP, a Cayman Islands limited partnership (“Anson Investments”) and Anson East Master Fund LP, a Cayman Islands exempted limited partnership (“Anson East” and together with Anson Investments, “Anson”) by written notice to the Company, declare all outstanding Obligations payable by the Company hereunder to be immediately due and payable without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrarycontrary notwithstanding. Upon the occurrence of any Event of Default described in Sections 6(e3(b) or 6(f3(c), immediately and without notice, all outstanding Obligations payable by the Company hereunder shall automatically become immediately due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived, notwithstanding anything contained herein or in the other Transaction Documents to the contrarycontrary notwithstanding. In addition to the foregoing remedies, upon the occurrence and during the continuance of any Event of Default, each Investor may, with the written consent of the Requisite Holders and AnsonInvestor, exercise any other right, power or remedy granted to it by the Transaction Documents this Note or otherwise permitted to it by law, either by suit in equity or by action at law, or both.. Additionally, upon the occurrence of any Event of Default, the outstanding principal balance of this Note shall bear interest (“Default Interest”) while such default exists at the lesser of: (a) eighteen percent (18%) per annum and (b) the maximum legally permissible rate (the “Default Rate”). Monaker Group, Inc. – Convertible Promissory Note ($700,000)Effective September 18, 20202