Xxxxxx’s Remedies. 1. If Landlord has defaulted under the Lease and if Tenant has given Landlord a written notice describing the default and Tenant’s intention to withhold rent if the default is not corrected within 7 days, Tenant may withhold an amount of rent equal to the loss in rental value caused by the default. If Xxxxxx’s notice advises Landlord that Tenant intends to terminate the lease if the default is not cured within 7 days and the default is not cured within the 7 days, Tenant may terminate the Lease.
Xxxxxx’s Remedies. Anything herein to the contrary notwithstanding, Lessee shall have all rights provided under Tex. Bus. & Comm. Code § 2A.508 through § 2A.522, including without limitation, the right to cancel a Schedule and recover damages from Lessor in the event of nonperformance of or other default by Lessor hereunder.
Xxxxxx’s Remedies. On default by the Borrower under this Mortgage, the Lender may, at its option and in any order that it chooses, exercise any one or more of the following remedies:
Xxxxxx’s Remedies. In the event of default, the Company, without giving formal notice, may exercise any of its contractual or statutory rights or remedies, allowed by the law. In all cases, the Company is entitled to payment of all of its expenses. The Company’s failure to exercise a right shall not constitute a waiver of such right for the future. Moreover, the Company’s acceptance of the payment of a sum of money by the Borrower or the Co-borrower, if any, following default shall not constitute a waiver of its other rights and remedies. The Company’s decision to exercise one or more of its rights under this Loan Agreement or under the law shall not prevent it from exercising any other rights that it may possess.
Xxxxxx’s Remedies. If Tenant is in “default,” Lessor may exercise one or more of the following remedies at any time:
Xxxxxx’s Remedies. If (a) any Default shall occur in respect of which Borrower is the defaulting party or (b) Lender is obligated to redeliver, or is otherwise deprived of its rights to, any Loaned Securities after their return, or is in any way required to pay their value or any related sum over, as a result of any bankruptcy, insolvency, liquidation, reorganization, or other similar proceeding relating to Borrower or pursuant to any legal requirement, including without limitation any laws relating to so-called ‘preferences’ or preferential payments, Lender shall have the right, in addition to any other remedies provided herein or under applicable law (without further notice to Borrower), (i) to purchase, within a commercially reasonable time (taking into consideration the nature of the market for the Loaned Securities), a like amount of the Loaned Securities in the principal market for such securities, (ii) or to treat the Loaned Securities as having been purchased by Borrower at a purchase price equal to the market value thereof on the day of the Default (or on the date of the event referred to in (b) above, as the case may be), and may apply the Collateral to the payment of such purchase (whether actual or deemed), after deducting therefrom all amounts, if any, due Lender under Sections 4, 7, 14 and 17 hereof. Lender may also apply the Collateral to any other obligation of Borrower under this Agreement, including distributions paid to Borrower (and not forwarded to Lender) in respect of Loaned Securities. In the event the purchase price exceeds the market value of the Collateral on the date of purchase, Borrower shall be liable to Lender for the amount of such excess (plus all amounts, if any, due to Lender hereunder) together with interest on all such amounts, in the case of purchases of Foreign Securities, at a per annum rate equal to LIBOR plus 2%, and in the case of purchases of any other securities (or other amounts, if any, due to Lender hereunder) at a per annum rate equal to the Fed Funds Rate plus 2%, as it fluctuates from day to day, from the date of such purchase until the date of payment of such excess. Lender shall have, as security for Xxxxxxxx’s obligation to pay such excess, a security interest in or right of setoff against any property of Borrower then held by Xxxxxx and any other amount payable by Lender to Borrower. The purchase price of securities purchased under this Section 12 shall include broker’s fees and commissions and all other reasonable cost...
Xxxxxx’s Remedies. A. Upon the happening of an Event of Default by Xxxxxxxx and a failure to cure said Event of Default within the time specified in Article 7.3 above, Xxxxxx's obligation to disburse Loan proceeds shall terminate, and Lender may also, in addition to other rights and remedies permitted by the Loan Documents or applicable law, proceed with any or all of the following remedies in any order or combination Lender may choose in its sole discretion:
Xxxxxx’s Remedies. Lessor's remedies for Xxxxxx's default are to (a) enter and take possession of the Premises, without terminating this Lease, and relet the Premises on behalf of Xxxxxx, collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and may lock out Lessee, all without being liable for damages.
Xxxxxx’s Remedies. If the monthly rental payment, or any of them, whether demanded or not, are not paid within twenty (20) days after becoming due, or in the event Lessee files any petition in bankruptcy or insolvency or is adjudicated bankrupt or insolvent, or if any term, condition, or covenant of this lease on the part of Lessee to be by it performed shall be violated or neglected and such violation or neglect is not cured within twenty (20) days after written notice from Lessor, then in either of such cases, Xxxxxx does hereby authorize and empower Lessor to cancel and annul this lease at once and to reenter and take possession of the premises immediately without any previous notice of intention to reenter, and to remove all persons and their property therefrom without such reentry working a forfeiture of the rents to be paid by Xxxxxx.
Xxxxxx’s Remedies. The occurrence of an Event of Default, following the expiration of all applicable notice and cure periods, will, either at the option of Lender or automatically where so specified relieve Lender of the obligation to disburse the Loan proceeds, and Lender may in addition to any and all remedies permitted by law, and as set forth in this Agreement and the Loan Documents proceed with any or all of the following remedies in any order or combination Lender may choose in its sole discretion:
