Upon Event of Default. The Trustee, prior to the occurrence of an Event of Default with respect to Securities of a series and after the curing of all Events of Default with respect to Securities of that series which may have occurred, shall undertake to perform with respect to Securities of such series such duties and only such duties as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee. In case an Event of Default with respect to Securities of a series has occurred (which has not been cured or waived), the Trustee shall exercise with respect to Securities of that series such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs.
Upon Event of Default. Upon the occurrence of any Event of Default, Landlord shall have the option to pursue any one or more of the following remedies without any Notice or demand whatsoever (except as expressly provided herein), concurrently or consecutively and not alternatively (in addition to any other remedies available to Landlord at law or in equity), all of which remedies shall be distinct, separate and cumulative:
Upon Event of Default. If any Event of Default occurs and is continuing, the Administrative Agent shall, at the request of, or may, with the consent of, the Required Lenders, take any or all of the following actions:
Upon Event of Default. Upon the occurrence of an Event of Default as defined in the Debenture and Note Purchase Agreement, the maturity of this Debenture may be accelerated as provided in the Debenture and Note Purchase Agreement.
Upon Event of Default. Within 30 days of the Holder obtaining actual knowledge of the occurrence of an Event of Default (as hereinafter defined), the Holder may demand the prepayment of all or any portion of this Debenture by submission of written notice of prepayment to the Company. Following the receipt of such notice, the Company shall prepay the portion of this Debenture requested to be prepaid as soon as reasonably practicable, but in any event within 30 days of date of such notice. An Event of Default for purposes of this Section 4(b) shall mean: (i) the failure to pay interest or principal on any scheduled payment date; (ii) the occurrence of any material breach of any representation, warranty or covenant by the Company under the Purchase Agreement, if such breach is not cured within 30 days of the receipt by the Company of written notice thereof; or (iii) the filing of any petition, whether voluntary or involuntary, seeking the reorganization or liquidation of the Company under any provision of the Federal Bankruptcy Code or any other federal or state reorganization, insolvency or debtor relief law; or (iv) the appointment of any receiver, liquidator or trustee for the Company or any of its properties by a court order and which appointment is not vacated within 30 days; or (v) the Company is adjudicated insolvent or the Company shall make an assignment for the benefit of any of its creditors, admit in writing an inability to pay debts when they become due in the ordinary course of its business, or consent to the appointment of a receiver, trustee or liquidator for the Company or all or any part of the property of the Company.
Upon Event of Default. If any Event of Default occurs and is continuing, the Lender may take any or all of the following actions:
Upon Event of Default. Upon the occurrence of any Event of Default, Administrative Agent may (or if directed by the Requisite Lenders, shall) apply sums then present in the Deposit Account or any Subaccount thereof and all sums thereafter deposited into the Deposit Account (other than Security Deposits to the extent any Tenant may have a right to the return of such Security Deposit) to the payment of the Debt, completion of the Property Required Repairs, Taxes and Other Charges, Insurance Premiums and all other sums payable pursuant to this Agreement and the other Loan Documents in such order, proportion and priority as the Requisite Lenders and Administrative Agent may determine in their sole discretion, except that Administrative Agent shall apply funds (if any) on deposit in the Ground Rent Subaccount for payment of due and unpaid Ground Rent prior to application for any other purpose. Administrative Agent's right to withdraw and apply amounts in the Deposit Account shall be in addition to all other rights and remedies provided under this Agreement, the other Loan Documents, and at law or in equity.
Upon Event of Default. Upon the occurrence of an Event of Default, in addition to each and other right and remedy granted by the Borrower to the The Borrower hereby constitutes the Bank or its designee on behalf of the Bank as the Borrower's attorney-in-fact with power: upon occurrence and during the continuance of an Event of Default to endorse the Borrower's name upon any notes, acceptances, checks, drafts, money orders or other evidences of payment or Collateral that may come into its possession; to take any and all actions under each Debt Instrument which the holder and beneficiary thereof is entitled to take thereunder and pursuant thereto, including, but not limited to, obtaining appropriate insurance or paying taxes that are due and owing if the Person liable under the Debt Instrument fails to perform the obligations of such Person set forth in the Debt Instrument (and any such amounts advanced on account of the Borrower shall constitute part of the Obligations, shall bear interest at the highest rate of interest then applicable under the Notes, and shall be payable on demand by the Borrower); upon the occurrence and during the continuance of an Event of Default, to notify the Postal Service authorities to change the address for delivery of mail addressed to the Borrower to such address as the Bank may designate; and to do all other acts and things necessary to carry out this Agreement. All acts of said attorney or designee are hereby ratified and approved, and said attorney or designee shall not be liable for any acts of omission or commission (except to the extent it is determined by a final judicial decision that the Bank's act or omission constituted gross negligence or willful misconduct), nor for any error of judgement or mistake of fact or law; this power being coupled with an interest is irrevocable until all of the Obligations are paid in full and this Credit Agreement is terminated.
Upon Event of Default. Immediately upon (a) the occurrence of an Event of Default under Sections 13(f) or 13(g) hereof, or (b) Lender's declaration that the Loan is due and payable in full pursuant to Section 13, in the case of any Event of Default other than under Sections 13(f) or 13(g) hereof, the Loan and all accrued but unpaid interest on the Loan and any and all other fees and sums which may be or become payable hereunder and under the Note, the Security Agreements, and any other Loan Document shall become immediately due and payable. Payments on the Loan pursuant to this Section shall be subject to the prepayment premium described in Section 8.4 below.
