Exercise Remedies definition

Exercise Remedies or "Exercise of Remedies" shall mean, with respect to each Lender, the taking of any action to enforce its rights or remedies against the Company Group following the occurrence of a Potential Default or Event of Default under its respective Financing Agreements, including, without limitation, the termination of a commitment to lend, the acceleration of all or a portion of the Obligations under such Financing Agreements, the filing or initiation of an Insolvency or Liquidation Proceeding against the Company or any other Person within the Company Group, the commencement of any foreclosure proceedings against any Collateral, the repossession of any Collateral, or the appointment or institution of a receiver, custodian or similar official to take custody of any assets of the Company or other members of the Company Group; provided, however, that the term "Exercise Remedies" shall specifically exclude (i) the issuance of any notice of default, (ii) any actions by a Credit Party to suspend (a) any disbursements from any accounts of the Company Group in which such Credit Party has a security interest or (b) Advances under the particular Facility and (iii) the recording of a Notice of Default in the County Recorder's Office of Xxxxx County, Nevada.
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Exercise Remedies or the "Exercise of Remedies" means the recording of a Notice of Default under any of the Deeds of Trust, the commencement of an action for judicial foreclosure, the appointment of a receiver, the enforcement of personal property foreclosure proceedings (whether judicial or non-judicial), the filing of a complaint or other action to enforce any Obligations, realization on Collateral or the enforcement of other remedies under any Related Collateral Agreement or any Facility Agreement, or the exercise of set off, or any combination of the foregoing, by or for the benefit of any Secured Credit Party hereto; provided, however, that "Exercise Remedies" or the "Exercise of Remedies" shall exclude, without limitation, the following: (i) the giving of notices of default (as distinguished from recording a Notice of Default); (ii) any declaration of an Acceleration Event; and (iii) actions taken by any Secured Credit Party or the Intercreditor Agent to perfect, or to extend or confirm the perfection or effectiveness of, any Lien provided for herein or in the applicable Facility Agreements.
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Exercise Remedies means to take or institute the ----------------- taking of any exercise of remedies.
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Examples of Exercise Remedies in a sentence

  • Another financing alternative involved a consignment arrangement whereby a financial investor would fund the Debtors’ suppliers directly.Landlords Exercise Remedies.

  • Notwithstanding anything to the contrary set forth in this Agreement, prior to the indefeasible payment in full of the Senior Loan Obligations and the Senior Subordinated Loan Obligations, and except as set forth in Section 8.2 or otherwise with the prior written consent of each Senior Subordinated Lender, Lender may not demand for payment of or accelerate the Junior Subordinated Loan Obligations or take any action against Company pursuant to this Agreement (to take such actions is to "Exercise Remedies").

  • On July 19, 2021, SunOpta filed a Motion for an Order Compelling Debtors to Assume or Reject an Executory Contract Pursuant to 11 U.S.C. § 365(d)(2) and Motion for an Order Modifying the Automatic Stay Pursuant to 11 U.S.C. § 362(d) to Allow it to Exercise Remedies (Including Termination) Under the Exclusive Supply Agreement with Pipeline Foods, LLC (SunOpta’s “ Motion to Compel”) [D.I. No. 62].

  • Section 9.1. Events of Default 70 Section 9.2. Remedies 72 Section 9.3. Rights of Set-Off 74 Section 9.4. Remedies Cumulative, Concurrent and Non-Exclusive 75 Section 9.5. No Conditions Precedent to Exercise Remedies 75 Section 9.6. Release of and Resort to Collateral 76 Section 9.7. Waivers 76 Section 9.8. Discontinuance of Proceedings 76 Section 9.9. Power of Attorney 76 Section 9.10.

  • Failure of Creditor to Exercise Remedies The Creditor shall not be liabLe for any delay or failure to enforce any remedies available to it or to institute any proceedings for such purposes.

  • The summation index α labels the massive modes, with mass ±mα, inside the loop diagrams.

  • Each Secured Credit Party may declare an Event of Default under its Facility Agreement and accelerate all Obligations due thereunder, to the extent and on the terms and conditions provided for in such Facility Agreement; provided, however, that no Secured Credit Party shall be entitled to Exercise Remedies against any of the Company Group or with respect to the Collateral except as set forth in Section 4.3.

  • Failure of the applicant to take or successfully complete such test shall disqualify the applicant to enter upon the duties of the office for which the application for examination was filed.

  • On May 3, 2016, Stellus issued a Demand for Payment and Intent to Exercise Remedies (the “Stellus Maturity Demand”) to the Debtors after a copy was filed with the Court.

  • The Tranche B Collateral is not "Collateral" for any purpose of this Agreement, no other Credit Party shall have any liens thereon or any security interest therein, and the Interim Mall Lender shall have the right to Exercise Remedies with respect to the Tranche B Collateral at any time, without reference to the Standstill Periods or other conditions provided for in this Agreement with respect to Collateral.


More Definitions of Exercise Remedies

Exercise Remedies or the "Exercise of Remedies" means the Recording of a Notice of Default under any deeds of trust or similar security agreement, the commencement of an action for judicial foreclosure, the appointment of a receiver, the enforcement of personal property foreclosure proceedings (whether judicial or non-judicial), the filing of a complaint or other action to enforce any obligation of the Company, the realization on any Collateral, the exercise of rights of setoff, or any combination of the foregoing.
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Exercise Remedies or the "EXERCISE OF REMEDIES" means the recording of a Notice of Default under any of the Deeds of Trust, the commencement of an action for judicial foreclosure, the appointment of a receiver, the enforcement of personal property foreclosure proceedings (whether judicial or non-judicial), the filing of a complaint or other action to enforce any Obligations, realization on Collateral or the enforcement of other remedies under any Related Collateral Agreement or any Facility Agreement, or the exercise of set off, or any combination of the foregoing, by or for the benefit of any Secured Credit Party hereto; PROVIDED, HOWEVER, that "Exercise Remedies" or the "Exercise of Remedies" shall EXCLUDE, without limitation, the following: (i) the giving of notices of default (as distinguished from RECORDING a Notice of Default); (ii) any declaration of an Acceleration Event; and (iii) actions taken by any Secured Credit Party or the Intercreditor Agent to perfect, or to extend or confirm the perfection or effectiveness of, any Lien provided for herein or in the applicable Facility Agreements.
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Exercise Remedies or the "Exercise of Remedies" means the Recording of a Notice of Default under any deeds of trust or similar security agreement, the commencement of an action for judicial foreclosure, the appointment of a receiver, the enforcement of personal property foreclosure proceedings (whether judicial or non-judicial), the filing of a complaint or other action to enforce any Xxxxxxx Indebtedness, realization on any Collateral, the exercise of rights of setoff, or any combination of the foregoing, by Xxxxxxx; provided, however that "Exercise Remedies" shall exclude, without limitation, the following: (i) the giving of notice of default (as distinguished from recording a notice of default under a deed of trust in the real property records of Xxxxx County, Nevada), (ii) any declaration of acceleration of the Xxxxxxx Indebtedness (but only if the obligations under the Subordinated Notes have been accelerated).
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Exercise Remedies means to take or institute the taking of any exercise of remedies. For purposes of clarification, the terms "exercise of remedies" and "exercise remedies" exclude any reduction in the advance rates under the Revolving Borrowing Base, and the Revolving Lenders may, upon the occurrence and during the continuation of a Designated Event of Default, reduce the advance rates under the Revolving Borrowing Base without the necessity or consent of the Term Agent or any Term Lender. All references herein to "property" or "assets" include, without limitation, the Collateral.
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Exercise Remedies or "EXERCISE OF REMEDIES" shall mean, with respect to each Credit Party, the taking of any action to enforce its rights or remedies against the Company following the occurrence of a First Mortgage Notes Event of Default or a Subordinated Note Event of Default, including, without limitation, the acceleration of all or a portion of the obligations under such agreement, the filing or initiation of an Insolvency or Liquidation Proceeding against the Company or any other Person within the Company, the commencement of any foreclosure proceedings against any Collateral, the repossession of any Collateral, or the appointment or institution of a receiver, custodian or similar official to take custody of any assets of the Company or other members of the Company; PROVIDED, HOWEVER, that the term "Exercise Remedies" shall specifically exclude (a) the issuance of any notice of default, (b) any actions by a Credit Party to suspend (i) any disbursements from any accounts of the Company in which such Credit Party has a security interest or (ii) advances under the particular Note and (c) the recording of a Notice of Default in the County Recorder's Office of Xxxxxxxx County, Mississippi.
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Related to Exercise Remedies

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Exercise Right means the Exercise Right as specified in § 3 (1) of the Special Conditions.

  • Exercise Any Secured Creditor Remedies or “Exercise of Secured Creditor Remedies” shall mean:

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Cumulative means a pollutant which increases in concentration in an organism by successive additions at different times or in different ways (bio-accumulation).

  • Exercise means a Holder’s right to exercise the Securities, in accordance with Product Condition 3;

  • Forbearance Default means (A) the occurrence of any Default (as defined in the GE Loan Agreement) or any Event of Default (as defined in the TCFC Loan Agreement) other than the Specified Defaults, (B) the failure of any Borrower or any other Loan Party to comply timely with any term, condition, or covenant set forth in this Agreement, (C) the failure of any representation or warranty made by any Borrower or any other Loan Party under or in connection with this Agreement to be true and complete in all material respects as of the date when made or any other breach of any such representation or warranty in any material respect, (D) any occurrence, event or change in facts or circumstances occurring on or after the Effective Date that would have a Material Adverse Change (as defined in either Loan Agreement) on any Borrower or any other Loan Party or any of their respective financial conditions, businesses, prospects or assets, (E) (I) any breach by Travis or any other Loan Party of any provision of the Merxxx Xgreement or any other agreement, instrument or document executed in connection therewith, (II) any failure by Travis or TRMC to satisfy any condition precedent to txx xxxectiveness of the Merger Agreement or any other agreement, instrument or document executed in connection therewith, (III) any termination or purported termination by any party thereto of the Merger Agreement, or (IV) any other failure of the Merger Agreement to remain in full force and effect at any time, (F) any breach by Tracker of any of the provisions of that certain letter agreement dated on or about the date hereof between Tracker and Lender (the "Tracker Letter Agreement"), including, without limitation, any failure by Tracker to fund any working capital shortfall of Travis pursuant to Section 7 of the Tracker Letter Agreement, ox (X) any determination made by Lender in its sole discretion at any time that Lender, Travis and Tracker (or its affiliate, TMRC) have failed or arx xxxble to reach agreement on the terms for restructuring the credit facilities under the Loan Documents or on any other matters referenced in Section 6.03(g) of the Merger Agreement. Any Forbearance Default shall constitute an immediate Default under the GE Loan Agreement and an immediate Event of Default under the TCFC Loan Agreement.

  • Termination Events means each of the events specified in Clause 10.3 of this Contract.

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Events of Default has the meaning specified in Section 6.01.

  • Customer Default shall have the meaning set forth in Section 11.1.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Specified Event of Default means any Event of Default pursuant to Section 9.01(a), Section 9.01(f) or Section 9.01(g).

  • Exercise Event shall have the meaning ascribed to such term in Section 2(c).

  • Default Effect means multiplying the Outstanding Balance as of the date the applicable Event of Default occurred by (a) 15% for each occurrence of any Major Default, or (b) 5% for each occurrence of any Minor Default, and then adding the resulting product to the Outstanding Balance as of the date the applicable Event of Default occurred, with the sum of the foregoing then becoming the Outstanding Balance under this Note as of the date the applicable Event of Default occurred; provided that the Default Effect may only be applied three (3) times hereunder with respect to Major Defaults and three (3) times hereunder with respect to Minor Defaults; and provided further that the Default Effect shall not apply to any Event of Default pursuant to Section 4.1(b) hereof.

  • Exercise Termination Event (i) the Effective Time (as defined in the Merger Agreement) of the Merger; (ii) termination of the Merger Agreement in accordance with the provisions thereof if such termination occurs prior to the occurrence of an Initial Triggering Event, except a termination by Grantee pursuant to Section 8.1(d) of the Merger Agreement (unless the breach by Issuer giving rise to such right of termination is non-volitional); or (iii) the passage of 12 months after termination of the Merger Agreement if such termination follows the occurrence of an Initial Triggering Event or is a termination by Grantee pursuant to Section 8.1(d) of the Merger Agreement (unless the breach by Issuer giving rise to such right of termination is non-volitional) (provided that if an Initial Triggering Event continues or occurs beyond such termination and prior to the passage of such 12-month period, the Exercise Termination Event shall be 12 months from the expiration of the Last Triggering Event but in no event more than 18 months after such termination). The "Last Triggering Event" shall mean the last Initial Triggering Event to expire. The term "Holder" shall mean the holder or holders of the Option.

  • Default Notice means the written notice of Default of the Agreement issued by one Party to the other.

  • Default Rights has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.

  • the other party means, with respect to the Company, Parent and means, with respect to Parent, the Company.

  • Non-Cumulative means, with respect to any Qualifying Capital Securities, that the issuer may elect not to make any number of periodic Distributions without any remedy arising under the terms of the securities or related agreements in favor of the holders, other than one or more Permitted Remedies.

  • Breach of the security of the system means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

  • Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.