Common use of THEREUPON Clause in Contracts

THEREUPON. In the case of an Event of Default, other than an Event of Default referred to in Section 8.6. or Section 8.7., the Lender may, by notice to the Company, terminate its Commitment, cancel the Credit Facility and/or declare the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note (including, without limitation, any amounts payable under Section 9.3.), whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; (2) in the case of the occurrence of an Event of Default referred to in Section 8.6. or Section 8.7. above, the Commitment and the Credit Facility shall automatically be canceled and the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note (including, without limitation, any amounts payable under Section 9.3.) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; and (3) in the case of any Event of Default, may exercise any and all remedies available under the Security Documents or under Applicable Law.

THEREUPON. In the case of an Event of Default, other than an Event of Default referred to in Section 8.69.6. or Section 8.79.7., the Lender may, by notice to the Company, terminate its the Commitment, cancel the Credit Facility and/or declare the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note Notes (including, without limitation, any amounts payable under Section 9.310.3.), whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; (2) in the case of the occurrence of an Event of Default referred to in Section 8.69.6. or Section 8.79.7. above, the Commitment and the Credit Facility shall automatically be canceled and the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note Notes (including, without limitation, any amounts payable under Section 9.310.3.) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; and (3) in the case of any Event of Default, may exercise any and all remedies available under the Security Documents or under Applicable Law.

THEREUPON. In the case of an Event of Default, other than an Event of Default referred to in Section 8.69.6. or Section 8.79.7., the Lender may, by notice to the Company, terminate its Commitment, cancel the Credit Facility and/or declare the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note Notes (including, without limitation, any amounts payable under Section 9.310.3.)) to be forthwith due and payable, whereupon such amounts shall be immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; (2) in the case of the occurrence of an Event of Default referred to in Section 8.69.6. or Section 8.79.7. above, the Commitment and the Credit Facility shall automatically be canceled and the then-outstanding principal amount of, and the accrued interest on, the Loans and all other Obligations payable by the Company hereunder and under the Note Notes (including, without limitation, any amounts payable under Section 9.310.3.) shall automatically become immediately due and payable without presentment, demand, protest or other formalities of any kind, all of which are hereby expressly waived by the Company; and (3) in the case of any Event of Default, the Lender may exercise any and all remedies available under the Security Documents or under Applicable Law.. The proceeds of any sale of the whole or any part of any of the Collateral as a result of an Event of Default, together with any other moneys paid to or held by the Lender under the provisions of any Credit Document, shall be applied by the Lender in the following order: