Rights and Remedies of Executive Sample Clauses

Rights and Remedies of Executive. If termination of Executive's employment by Haggar is not for Cause, Executive shall be entitled to receive, as the exclusive remedy for such termination, violation or failure, payment of the then Basic Salary (payable when and as such payments would have become due) for a period beginning on the date of termination and ending on the date on which the term of this Agreement would have expired in accordance with Section C, reduced by any payments made to Executive pursuant to the Plan or from any other Person as compensation for services rendered. It is EXECUTIVE EMPLOYMENT AGREEMENT 6 understood, however, that Executive shall have no obligation to seek other employment during such period. In the event of any violation of Sections F, G or H, Executive shall cease to be entitled to any payments pursuant to this Section K or the Plan (no limitation on any other remedies available to Haggar being intended).
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Rights and Remedies of Executive. Should Corporation violate or fail to perform any material provision hereof, Executive shall have the right and option, upon written notice to Corporation, to terminate his employment under this Agreement. In the event of:
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Rights and Remedies of Executive. Should Corporation violate or fail to perform any material provision hereof, Executive shall have the right and option, upon written notice to Corporation, to terminate his employment under this Agreement. In the event of (i) a termination of Executive's employment by Corporation other than for good cause, or (ii) a termination of Executive's employment by Executive by reason of a material violation or failure of Corporation to perform any material provision hereof, Executive shall be entitled to receive, as the exclusive remedy for such termination, violation or failure, payment of the then Basic Salary in accordance with Section 5 hereof (payable when and as such payments would have become due in accordance with such Section) for a period beginning on the date of termination and ending on January 31, 1999, reduced by any salary or other compensation for services actually earned by Executive from any source during such period (excluding income from passive investments). It is understood, however, that Executive shall have no obligation to seek other employment during such period. In the event of any violation of Section 8 or Section 11 hereof, Executive shall cease to be entitled to any payments pursuant to this Section 12 (no limitation on any other remedies available to Corporation being intended).
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Rights and Remedies of Executive. Should Corporation violate or fail to perform any material provision hereof, Executive shall have the right and option, upon written notice to Corporation, to terminate his employment under this Agreement. In the event of (i) a termination of Executive's employment by Corporation other than for good cause or (ii) a termination of Executive's employment by Executive by reason of a material violation or failure of Corporation to perform any material provision hereof, Executive shall be entitled to receive, as the exclusive remedy for such termination, violation or failure, (a) payment of the then Basic Salary in accordance with Section 5 hereof, (b) payment of an amount equal to the average annual incentive bonus received by Executive pursuant to Section 6(A) hereof for the preceding two years (payable when and as such payments would have become due in accordance with such Section) and (c) all other benefits in effect for senior management employees at the time of such termination including the annual benefit amount described in 6D, executive medical plan and annual physical, for each year for the period beginning on the date of termination and ending on December 31, 2002, reduced by any salary or other compensation for services actually earned by Executive from any source during such period (excluding income from passive investments). It is understood, however, that Executive shall have no obligation to seek other employment during such period. If as of the date of termination of Executive's employment he had received only one annual incentive bonus, the bonus increment of the Severance Amount shall be equal to such prior incentive bonus. If as of the date of termination of Executive's employment he had not received an incentive bonus, there shall be no bonus increment for the Severance Amount, unless in the sole discretion of Corporation, Corporation shall elect to include such an increment. This Severance Payment shall be in lieu of, and not in addition to, severance payments to which senior management employees of Corporation may be entitled pursuant to policies of Corporation applicable to such employees or to employees generally. In the event of any violation of Section 8 or Section 11 hereof, Executive shall cease to be entitled to any payments pursuant to this Section 12 (no limitation on any other remedies available to Corporation being intended).
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Related to Rights and Remedies of Executive

  • Rights and Remedies Upon Breach If Executive breaches or threatens to commit a breach of any of the provisions of this Section 5 (the “Restrictive Covenants”), the Company shall have the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity:

  • Rights and Remedies Generally Upon the occurrence and during the continuance of any Event of Default, the Lender shall have, in addition to any other rights and remedies contained in this Agreement and in any of the other Financing Agreements, all of the rights and remedies of a secured party under the Code or other applicable laws, all of which rights and remedies shall be cumulative, and non-exclusive, to the extent permitted by law, including, without limitation, the right of Lender to sell, assign, or lease any or all of the Collateral or the Real Property. Upon notice to the Borrowers after an Event of Default and during the continuance thereof, Borrowers at their own expense shall assemble all or any part of the Collateral as determined by Lender and make it available to Lender at any location designated by Lender. In such event, the Borrowers shall, at their sole cost and expense, store and keep any Collateral so assembled at such location pending further action by Lender and provide such security guards and maintenance services as shall be necessary to protect and preserve such Collateral. In addition to all such rights and remedies, the sale, lease or other disposition of the Collateral, or any part thereof, by the Lender after an Event of Default and during the continuance thereof may be for cash, credit or any combination thereof, and the Lender may purchase all or any part of the Collateral at public or, if permitted by law, private sale, and in lieu of actual payment of such purchase price, may set-off the amount of such purchase price against the Liabilities of the Borrowers then owing. Any sales of such Collateral may be adjourned from time to time with or without notice. The Lender may, in its sole discretion, cause the Collateral to remain on any Borrower’s premises, at the Borrowers’ expense, pending sale or other disposition of such Collateral. The Lender shall have the right after an Event of Default and during the continuance thereof to conduct such sales on any Borrower’s premises, at the Borrowers’ expense, or elsewhere, on such occasion or occasions as the Lender may see fit.

  • Additional Rights and Remedies The Collateral Agent (for itself and on behalf of the other Secured Parties), acting at the direction of the Majority Lenders, shall have all of the rights and remedies of a secured party under the UCC and other Applicable Law. Upon the occurrence and during the continuance of an Event of Default, the Collateral Agent or its designees shall, at the direction of the Majority Lenders, to the extent permitted by Applicable Law (including the UCC) and notwithstanding anything in the Loan Documents to the contrary, (i) instruct the Borrower to deliver any or all of the Collateral, the Related Contracts and any other documents relating to the Collateral to the Collateral Agent or its designees and otherwise give all instructions for the Borrower regarding the Collateral; (ii) if the Loans have been accelerated in accordance with this Agreement, sell or otherwise dispose of the Collateral, all without judicial process or proceedings; (iii) take control of the proceeds of any such Collateral; (iv) subject to the provisions of the applicable Related Contracts, exercise any consensual or voting rights in respect of the Collateral; (v) release, make extensions, discharges, exchanges or substitutions for, or surrender all or any part of the Collateral; (vi) enforce the Borrower’s rights and remedies with respect to the Collateral; (vii) institute and prosecute legal and equitable proceedings to enforce collection of, or realize upon, any of the Collateral; (viii) require that the Borrower immediately take all actions necessary to cause the liquidation of the Collateral in order to pay all amounts due and payable in respect of the Obligations, in accordance with the terms of the Related Contracts; (ix) redeem or withdraw or cause the Borrower to redeem or withdraw any asset of the Borrower to pay amounts due and payable in respect of the Obligations; (x) subject to Section 12.16, make copies of or, if necessary, remove from the Borrower’s and its agents’ place of business all books, records and documents relating to the Collateral; and (xi) endorse the name of the Borrower upon any items of payment relating to the Collateral or upon any proof of claim in bankruptcy against an account debtor. The Collateral Agent shall provide written notice of any liquidation of the Collateral to S&P. The Collateral Agent shall not be under any duty or obligation to take any affirmative action to exercise or enforce any power, right or remedy available to it under this Agreement unless and until (and to the extent) at the express direction of the Majority Lenders; provided that the Collateral Agent shall not be required to take any such action at the direction of the Majority Lenders, any Secured Party or otherwise if the taking of such action, in the reasonable determination of the Collateral Agent, (x) shall be in violation of any Applicable Law or contrary to any provisions of this Agreement or (y) shall expose the Collateral Agent to liability hereunder (unless it has been provided with an indemnity agreement (including the indemnity provisions contained herein and in the other Loan Documents) which it reasonably deems to be satisfactory with respect thereto).

  • Other Rights and Remedies Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.

  • Rights and Remedies Not Waived No act, omission or delay by the Collateral Agent shall constitute a waiver of the Collateral Agent's rights and remedies hereunder or otherwise. No single or partial waiver by the Collateral Agent of any default hereunder or right or remedy that it may have shall operate as a waiver of any other default, right or remedy or of the same default, right or remedy on a future occasion.

  • Rights and Remedies of Lender In the event of an Event of Default under the Note or the other Loan Documents, or any of them, that is continuing (it being understood that the Lender has no obligation to accept cure after an Event of Default occurs), Lender shall have the right to enforce its rights, powers and remedies thereunder or hereunder or under any other Loan Document, in any order, and all rights, powers and remedies available to Lender in such event shall be nonexclusive and cumulative of all other rights, powers and remedies provided thereunder or hereunder or by law or in equity. Accordingly, Guarantors hereby authorize and empower Lender upon the occurrence and during the continuance of any Event of Default under the Note or the other Loan Documents, at its sole discretion, and without notice to Guarantors, to exercise any right or remedy which Lender may have, including, but not limited to, foreclosure, exercise of rights of power of sale, acceptance of a deed or assignment in lieu of foreclosure, appointment of a receiver, exercise of remedies against personal property, or enforcement of any assignment of leases, as to any security, whether real, personal or intangible. At any public or private sale of any security or collateral for any of the Obligations guaranteed hereby (it being understood that as of the Closing Date, the Obligations are unsecured), whether by foreclosure or otherwise, Lender may, in its discretion, purchase all or any part of such security or collateral so sold or offered for sale for its own account and may apply against the amount bid therefor all or any part of the balance due it pursuant to the terms of the Note or any of the other Loan Document without prejudice to Xxxxxx’s remedies hereunder against Guarantors for deficiencies. If the Obligations guaranteed hereby are partially paid by reason of the election of Lender to pursue any of the remedies available to Lender, or if such Obligations are otherwise partially paid, this Guaranty shall nevertheless remain in full force and effect, and Guarantors shall remain liable for the entire balance of the Obligations guaranteed hereby even though any rights which any Guarantor may have against Borrower or any other Person may be destroyed or diminished by the exercise of any such remedy.

  • Restoration of Rights and Remedies If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

  • Exercise of Rights and Remedies Except as otherwise provided herein, no delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.

  • Rights and Remedies When an Event of Default occurs and continues Bank may, without notice or demand, do any or all of the following:

  • Section 510 Rights and Remedies Cumulative Except as otherwise provided with respect to the replacement or payment of mutilated, destroyed, lost or stolen Securities in the last paragraph of Section 306, no right or remedy herein conferred upon or reserved to the Trustee or to the Holders is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy.

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