Occurrence of an Event of Default. 19.1.1. If an Event of Default occurs in relation to a Party, the Non-defaulting Party may, without prejudice to its other rights and remedies as provided for in this Agreement or at law or in equity, serve the Defaulting Party with a notice specifying the Event of Default that has occurred and the applicable Cure Period (“Default Notice”).
Occurrence of an Event of Default. Upon the occurrence of any event of default, as set forth above, WSECO may exercise the following rights and remedies: (i) declare the Rental Rate payments, and overtime charges, and the Purchase Price (as applicable pursuant to Section 3) immediately due and payable; (ii) require Customer to assemble the Equipment and make it available to WSECO at a place and time designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession of and remove the Equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the Equipment or proceeds thereof, and in connection therewith WSECO may bid on the Equipment and that a commercially reasonable price for said reclaimed Equipment may be determined by WSECO based upon current national auction values, market trends relating to supply and demand, and related factors for Equipment or goods of similar type and condition; (v) if WSECO chooses to sell or lease the reclaimed Equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the Rental Rate payments, overtime charges, and the Purchase Price (as applicable pursuant to Section 3) after application of all amounts received from the exercise of its rights under this Rental Agreement; and (vi) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO’s rights and remedies, whether evidenced by this Rental Agreement or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this Rental Agreement or any of its provisions, including without limitation reasonable attorney’s fees and costs and all costs of reclaiming the Equipment, whether or not legal action is commenced.
Occurrence of an Event of Default. An “Event of Default” under the Loan Agreement, Gold and Silver Supply Agreement, Deed of Trust, or any other Loan Document.
Occurrence of an Event of Default. The Company will promptly notify holders of Senior Debt (or their Representative) upon the occurrence of an Event of Default.
Occurrence of an Event of Default. Upon the occurrence and during the continuance of an Event of Default, the Agent may, at its option, and shall if so required by the Majority Lenders, by written notice to the Borrower (an “Acceleration Notice”), declare all or any part of the Outstandings and all other Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders under this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) to be due and payable, whereupon the Total Syndicated Commitment, all Fronting Bank Commitments and all Swing Line Commitments and any right of the Borrower to any further Borrowing shall terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower; provided that upon the occurrence of an Event of Default specified in Section 9.1(b) or 9.1(c), the Total Syndicated Commitment, all Fronting Bank Commitments and all Swing Line Commitments and any right of the Borrower to any further Borrowing shall automatically terminate and all Loan Indebtedness (whether matured or unmatured) of the Borrower to the Lenders pursuant to this Agreement (including the amount of all Bankers’ Acceptances and BA Equivalent Loans, as determined by the Agent acting reasonably) shall be immediately due and payable without further demand or other notice of any kind, all of which are expressly waived by the Borrower. The Borrower shall pay to the Lenders immediately the amount due and payable pursuant to this Section 9.2, failing which the Lenders or any of them may pursue their remedies under this Agreement.
Occurrence of an Event of Default. In case an Event of Default has occurred, or, in the event remedial periods are provided herein, is continuing after such remedial periods has elapsed, the Subscriber may notify such Event of Default to the Issuer and at its discretion, decide that all moneys outstanding under the Bonds shall become immediately repayable and all interest accrued but unpaid shall become immediately payable, together with any other sums then owed by the Issuer under any Issue Documents, subject to Subscriber (or in case of a “masse”, the Subscribers representative) giving written notice to the Issuer to that effect no sooner than five (5) Business Days from notification of the Event of Default, provided, where such Event of Default may be remedied, that has not been remedied to the reasonable satisfaction of the Subscriber.
Occurrence of an Event of Default. An “Event of Default” under the Loan Agreement or any other Credit Document.
Occurrence of an Event of Default. Upon the occurrence of any Event of Default, WSECO may exercise the following rights and remedies: (i) declare the sales price immediately due and payable; (ii) require Customer to assemble the Goods and make them available to WSECO at a place and time designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession of and remove the Goods; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the Goods or proceeds thereof; (v) if WSECO chooses to sell or lease the reclaimed Goods, WSECO may obtain a judgment against Customer for any deficiency remaining on the sales price after application of all amounts received from the exercise of its rights under this Service Agreement; and (vi) all rights and remedies of a secured creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO’s rights and remedies, whether evidenced by this Service Agreement or other related agreement, shall be cumulative and may be exercised singularly or concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this Service Agreement or any of its provisions, including without limitation reasonable attorney’s fees and costs and all costs of reclaiming the Goods, whether or not legal action is commenced.
Occurrence of an Event of Default. (a) In the occurrence of an Event of Default, the Bank will send a communication to the Constituent, to the Depositary and the Company informing them of the occurrence of the Event of Default and, for the entire period in which the Event of Default persists pursuant to the Financing Contract and in any case until such time as the Bank communicates in writing to the Constituent, to the Depositary and to the Company that the Event of Default has ceased, was waived or remedied, the Bank:
Occurrence of an Event of Default. In the case of an Event of Default, the Note Trustee shall exercise, with respect to the rights and powers vested in it by this deed, the same degree of care and skill as a prudent person would exercise under the circumstances in the conduct of such person's affairs.
