Recovery of Amounts. If any amount paid to any Lender pursuant to subpart (a) above is recovered in whole or in part from such Lender, such original purchase shall be rescinded, and the purchase price restored ratably to the extent of the recovery.
Recovery of Amounts. Due If any amount payable hereunder is not paid within ten (10) Business Days of its due date, the Borrower hereby authorizes the Lenders to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker’s lien or counterclaim, against any moneys or other assets of the Borrower to the full extent of all amounts payable to the Lenders.
Recovery of Amounts. In case any one or more Events of Default shall occur, the Bank shall be entitled to recover judgment against the Borrower for the amount due either before, or after, or during the pendency of any proceedings for the enforcement of any security therefor, and, in the event of realization of any funds from any security and application thereof to the partial payment of the amounts due, the Bank shall be entitled to enforce payment of and recover judgment for all amounts then remaining due and unpaid. In case any one or more Events of Default shall happen the Bank may proceed to protect and enforce its rights by suit in equity, action at law, and/or by any other appropriate proceeding, including, without limitation, for the specific performance of any covenant or agreement or in aid of the exercise of any power granted to the Bank, or may proceed to enforce payment of the Notes or to enforce any other legal or equitable right.
Recovery of Amounts. In case any one or more Events of ------------------- Default shall happen and be continuing, the Secured Party shall be entitled to recover judgment against the Pledgor for the amount due either before, or after, or during the pendency of any proceedings for the enforcement of any security therefor, and, in the event of realization of any funds from any security and application thereof to the partial payment of the amounts due, the Secured Party shall be entitled to enforce payment of and recover judgment for all amounts then remaining due and unpaid. In case any one or more Events of Default shall happen and be continuing the Secured Party may proceed to protect and enforce its rights by suit in equity, action at law and/or by any other appropriate proceeding, including, without limitation, for the specific performance of any covenant or agreement or in aid of the exercise of any power granted to the Secured Party.
Recovery of Amounts. In case any one or more Events of Default shall happen and be continuing, the Bank shall be entitled to recover judgment against the Borrowers for the amount due either before, or after, or during the pendency of any
Recovery of Amounts. Due If any amount payable hereunder is ------------------------------------ not paid as and when due, Borrower hereby authorizes Administrative Agent, each Bank and their respective affiliates to proceed, to the fullest extent permitted by applicable law, without prior notice, by right of set-off, banker's lien or counterclaim, against any moneys or other assets of Borrower in any currency that may at any time be in the possession of Administrative Agent or any of its affiliates or such Bank or any of its affiliates, at any branch or office thereof, to the full extent of all amounts payable to Administrative Agent and the Banks hereunder. Any Bank that so proceeds or that has an affiliate that so proceeds shall forthwith give notice to Administrative Agent of any action taken by such Bank or affiliate pursuant to this Section 9.2.
Recovery of Amounts. 62 Section 10.03 LCs. ...................................................63 Section 10.04
Recovery of Amounts. In case any one or more Events of Default shall happen and be continuing, the Banks shall be entitled to recover judgment against the Borrowing Group for the amount due. In case any one or more Events of Default shall happen and be continuing the Majority of the Banks may proceed to protect and enforce their rights by suit in equity, action at law, and/or by any other appropriate proceeding, including, without limitation, for the specific performance of any covenant or agreement or in aid of the exercise of any power granted to the Banks, or may proceed to enforce payment of the Revolving Notes or to enforce any other legal or equitable right.
Recovery of Amounts. 11 (b) Payment Constituting Ratable Portion..................................................12 (c) Treatment of Defaulting Lender........................................................12 (d) Continuing Obligation of Lenders to Fund..............................................12 2.6
Recovery of Amounts. If and to the extent that any Lender shall not have made available to the Agent such Lender's Ratable Portion of any Revolving Credit Borrowing (whether advanced by the Agent on behalf of the Lenders pursuant to Section 2.4(b), by NCCF on behalf of the Lenders pursuant to Section 2.4(d), or the Agent on behalf of the Lenders pursuant to Section 2.4(c))(such Lender being hereafter referred to as a "Defaulting Lender"), and the Agent has made such amount available to the Borrower, the Agent shall be entitled to recover such corresponding amount on demand from such Defaulting Lender. If such Defaulting Lender does not pay such corresponding amount forthwith upon the Agent's demand therefor, the Agent shall promptly notify the Borrower and the Borrower shall immediately (but in no event later than five (5) Business Days after such demand) pay such corresponding amount to the Agent. The Agent shall also be entitled to recover from such Defaulting Lender and the Borrower, (A) interest on such corresponding amount in respect of each day from the date such corresponding amount was made available by the Agent to the Borrower to the date such corresponding amount is recovered by the Agent, at a rate per annum equal to either (1) if paid by such Defaulting Lender, the overnight Federal Funds Rate or (2) if paid by the Borrower, the then applicable rate of interest for Prime Rate Loans pursuant to Section 2.10 hereof, plus (B) in each case, an amount equal to any costs (including legal expenses) and losses incurred as a result of the failure of such Defaulting Lender to provide such amount as provided in this Agreement. Nothing herein shall be deemed to relieve any Lender from its obligation to fulfil its commitments hereunder or to prejudice any rights which the Borrower may have against any Lender as a result of any default by such Lender hereunder, including, without limitation, the right of the Borrower to seek reimbursement from any Defaulting Lender for any amounts paid by the Borrower under clause (B) above on account of such Defaulting Lender's default.
