Grouped Into 224 Collections of Similar Clauses From Business Contracts
This page contains Remedies clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Remedies. Executive acknowledges that full compliance with the terms of this Agreement is necessary to protect the significant value of the Confidential Information and the customer and business goodwill of the Company. Executive acknowledges that if he breaches this Agreement, the Company will be irreparably harmed and money damages will not be an adequate remedy. As a result, Executive agrees that, in the event Executive breaches or threatens to breach any of the terms or provisions of this Agreement, t...he Company shall be entitled to a preliminary or permanent injunction, without posting a bond or other security, in order to prevent the continuation of such harm. Executive acknowledges that nothing in this Agreement will prohibit the Company from also pursuing any other remedy and all remedies are cumulative.View More
Remedies. Executive acknowledges that full compliance with the terms of this Agreement is necessary to protect the significant value of the Confidential Information and the customer and business goodwill of the Company. Executive acknowledges that if he breaches this Agreement, the Company will be irreparably harmed and money damages will not be an adequate remedy. As a result, Executive agrees that, in the event Executive breaches or threatens to breach any of the terms or provisions of this Agreement, t...he Company shall be entitled to a preliminary or permanent injunction, without posting a bond or other security, in order to prevent the continuation of such harm. Executive acknowledges that nothing in this Agreement will prohibit the Company from also pursuing any other remedy and all remedies are cumulative. The parties intend that the Company shall be entitled to a full one-year period of post-employment conduct by the Executive that complies with this Agreement. Executive therefore agrees that the one-year restrictive period under Sections 5(a) and (b) shall be respectively tolled for the same period that Executive engages in the prohibited conduct prior to the Company's discovery of such violation. If Executive breaches his or her fiduciary duty to the Company or unlawfully takes, physically, or electronically, property belonging to the Company, the one year restrictive period set forth in Sections 5(a) and (b) shall be extended to twenty-four (24) months. View More
Remedies. Executive Employee acknowledges that full compliance with the terms of this Agreement is necessary to protect the significant value of the Confidential Information and the customer and business goodwill of the Company. Executive Employee acknowledges that if he breaches this Agreement, the Company will be irreparably harmed and money damages will not be an adequate remedy. As a result, Executive Employee agrees that, in the event Executive Employee breaches or threatens to breach any of the term...s or provisions of this Agreement, the Company shall be entitled to a preliminary or permanent injunction, without posting a bond or other security, in order to prevent the continuation of such harm. Executive Employee acknowledges that nothing in this Agreement will prohibit the Company from also pursuing any other remedy and all remedies are cumulative. View More
Remedies. If Guarantor fails to fulfill its duty to pay all Indebtedness guaranteed hereunder or shall breach or fail to comply with any term or provision of this Guaranty, Bank shall have all of the remedies of a creditor and, to the extent applicable, of a secured party, under all applicable law. Without limiting the foregoing to the extent permitted by law, Bank may, at its option and without notice or demand: (a) declare any Indebtedness due and payable at once; (b) take possession of any collateral p...ledged by Borrower or Guarantor, wherever located, and sell, resell, assign, transfer, and deliver all or any part of the collateral at any public or private sale or otherwise dispose of any or all of the collateral in its then condition, for cash or on credit or for future delivery, and in connection therewith Bank may impose reasonable conditions upon any such sale. Further, Bank, unless prohibited by law the provisions of which cannot be waived, may purchase all or any part of the collateral to be sold, free from and discharged of all trusts, claims, rights of redemption and equities of Borrower or Guarantor whatsoever. Guarantor acknowledges and agrees that the sale of any collateral through any nationally recognized broker-dealer, investment banker, or any other method common in the securities industry shall be deemed a commercially reasonable sale under the Uniform Commercial Code or any other equivalent statute or federal law, and expressly waives notice thereof except as provided in this Guaranty; and (c) set off and apply any and all deposit accounts of Guarantor held by Bank or its affiliates against any and all obligations of Guarantor owing to Bank. The set-off may be made irrespective of whether or not Bank shall have made demand under this Guaranty, and although such obligations may be contingent or unmatured or denominated in a currency different from that of the applicable deposit accounts and without regard for the availability or adequacy of other collateral. If exercised by Bank, Bank shall be deemed to have exercised such right of setoff and to have made a charge against any such money immediately upon the occurrence of such default although made or entered on the books after such default.View More
Remedies. If Guarantor fails to fulfill its duty to pay all Indebtedness guaranteed hereunder or shall breach or fail to comply with any term or provision Upon the occurrence and during the continuance of this Guaranty, Bank an Event of Default, Lenders shall have all of the remedies of a creditor and, to the extent applicable, of a secured party, under all applicable law. law and may exercise its remedies in accordance with the terms of the Loan Documents. Without limiting the foregoing to the extent per...mitted by law, Bank Agent may, at its option and without notice or demand: (a) declare any Indebtedness Guaranteed Obligations due and payable at once; (b) take possession of any collateral pledged by any Borrower or Guarantor, any Guarantor under the Loan Documents, wherever located, and sell, resell, assign, transfer, and deliver all or any part of the collateral under the Loan Documents at any public or private sale or otherwise dispose of any or all of the collateral under the Loan Documents in its then condition, for cash or on credit or for future delivery, and in connection therewith Bank Agent may impose reasonable conditions upon any such sale. Further, Bank, Agent, unless prohibited by law the provisions of which cannot be waived, may purchase all or any part of the collateral under the Loan Documents to be sold, free from and discharged of all trusts, claims, rights of redemption and equities of any Borrower or Guarantor whatsoever. Each Guarantor acknowledges and agrees that the sale of any collateral under the Loan Documents through any nationally recognized broker-dealer, investment banker, or any other method common in the securities industry shall be deemed a commercially reasonable sale under the Uniform Commercial Code or any other equivalent statute or federal law, and expressly waives notice thereof except as provided in this Guaranty; and (c) set [set off and apply any and all deposit accounts of any Subsidiary Guarantor held by Bank Agent, Lenders or its their affiliates against any and all obligations of Guarantor owing to Bank. the Guaranteed Obligations. The set-off may be made irrespective of whether or not Bank Agent or Lenders shall have made demand under this Guaranty, and although such obligations may be contingent or unmatured or denominated in a currency different from that of the applicable deposit accounts and without regard for the availability or adequacy of other collateral. If exercised by Bank, Bank Agent or any Lender, Agent or such Lender, as applicable, shall be deemed to have exercised such right of setoff and to have made a charge against any such money immediately upon the occurrence of such default although made or entered on the books after such default. default.] View More
Remedies. If Guarantor fails to fulfill its duty to pay all Indebtedness guaranteed hereunder or shall breach or fail to comply with any term or provision of this Guaranty, Bank hereunder, Secured Party shall have all of the remedies of a creditor and, to the extent applicable, of a secured party, under all applicable law. Without limiting the foregoing to the extent permitted by law, Bank Secured Party may, at its option and without notice or demand: (a) declare any Indebtedness due and payable at once; ...(b) take possession of any collateral pledged by Borrower or Guarantor, 340 Basics Assets, wherever located, and sell, resell, assign, transfer, and deliver all or any part of the collateral at any public or private sale or otherwise dispose of any or all of the collateral in its then condition, for cash or on credit or for future delivery, and in connection therewith Bank Secured Party may impose reasonable conditions upon any such sale. Further, Bank, Secured Party, unless prohibited by law the provisions of which cannot be waived, may purchase all or any part of the collateral 340 Basics Assets to be sold, free from and discharged of all trusts, claims, rights of redemption and equities of Borrower or Guarantor whatsoever. Guarantor acknowledges and agrees that the sale of any collateral through any nationally recognized broker-dealer, investment banker, or any other method common in the securities industry shall be deemed a commercially reasonable sale under the Uniform Commercial Code or any other equivalent statute or federal law, and expressly waives notice thereof except as provided in this Guaranty; and herein; (c) set off and apply any and all deposit Receivables Contracts, which include, without limitation and for the avoidance of doubt, all accounts receivable of Guarantor held by Bank or its affiliates against any and all obligations of Guarantor owing to Bank. Secured Party. The set-off may be made irrespective of whether or not Bank Secured Party shall have made demand under this Guaranty, and although such obligations may be contingent or unmatured or denominated in a currency different from that of the applicable deposit accounts Receivables Contracts and without regard for the availability or adequacy of other collateral. If exercised by Bank, Bank Secured Party, Secured Party shall be deemed to have exercised such right of setoff and to have made a charge against any such money immediately upon the occurrence of such default although made or entered on the books after such default. subsequent thereto. Any Receivables Contracts may be converted, sold or otherwise liquidated. View More
Remedies. The Sponsor and each of the Insiders hereby agree and acknowledge that (i) each of the Underwriters and the Company would be irreparably injured in the event of a breach by the Sponsor or such Insider of its, her or his obligations, as applicable under paragraphs 3, 4, 5, 7, 10 and 11, (ii) monetary damages may not be an adequate remedy for such breach and (iii) the non-breaching party shall be entitled to injunctive relief, in addition to any other remedy that such party may have in law or in e...quity, in the event of such breach. 3 7. Payments by the Company. Except as disclosed in the Prospectus, neither the Sponsor nor any affiliate of the Sponsor nor any director or officer of the Company nor any affiliate of the officers shall receive from the Company any finder's fee, reimbursement, consulting fee, monies in respect of any payment of a loan or other compensation prior to, or in connection with any services rendered in order to effectuate the consummation of the Company's initial Business Combination (regardless of the type of transaction that it is).View More
Remedies. The Sponsor and each of the Insiders hereby agree and acknowledge that (i) each of the Underwriters and the Company would be irreparably injured in the event of a breach by the Sponsor or such Insider of its, her or his obligations, as applicable under paragraphs 3, 4, 5, 7, 10 and 11, (ii) monetary damages may not be an adequate remedy for such breach and (iii) the non-breaching party shall be entitled to injunctive relief, in addition to any other remedy that such party may have in law or in e...quity, in the event of such breach. 3 4 7. Payments by the Company. Except as disclosed in the Prospectus, neither the Sponsor nor any affiliate of the Sponsor nor any director or officer of the Company nor any affiliate of the officers shall receive from the Company any finder's fee, reimbursement, consulting fee, monies in respect of any payment of a loan or other compensation prior to, or in connection with any services rendered in order to effectuate the consummation of the Company's initial Business Combination (regardless of the type of transaction that it is). View More
Remedies. The Sponsor Insider hereby agrees and each of the Insiders hereby agree and acknowledge acknowledges that (i) each of the Underwriters and the Company would be irreparably injured in the event of a breach by the Sponsor or such Insider of its, her or his obligations, as applicable under paragraphs 3, 4, 5, 5 and 7, 10 and 11, (ii) monetary damages may not be an adequate remedy for such breach and (iii) the non-breaching party shall be entitled to injunctive relief, in addition to any other remed...y that such party may have in law or in equity, in the event of such breach. 3 4 7. Payments by the Company. Except as disclosed in the Prospectus, neither the Sponsor nor any affiliate of the Sponsor nor any director or officer of the Company nor any affiliate of the officers shall receive from the Company any finder's fee, reimbursement, consulting fee, monies in respect of any payment of a loan or other compensation prior to, or in connection with any services rendered in order to effectuate the consummation of the Company's initial Business Combination (regardless of the type of transaction that it is). View More
Remedies. Without limiting any of the other rights or remedies available to the Company at law or in equity, Employee agrees that any actual or threatened violation of any of the provisions of Sections 8, 9, or 10 may be immediately restrained or enjoined by any court of competent jurisdiction, and that any temporary restraining order or emergency, preliminary, or final injunctions may be issued in any court of competent jurisdiction without notice and without bond. As used in the Agreement, the term "any... court of competent jurisdiction" shall include the state and federal courts sitting, or with jurisdiction over actions arising, in Los Angeles County, in the State of California the jurisdiction, venue, and convenient forum of which are hereby expressly CONSENTED TO by Employee and the Company, all objections thereto being expressly WAIVED by Employee and the Company.View More
Remedies. Without limiting any of the other rights or remedies available to the Company at law or in equity, Employee Executive agrees that any actual or threatened violation of any of the provisions of Sections 8, 9, or 10 may be immediately restrained or enjoined by any court of competent jurisdiction, and that any temporary restraining order or emergency, preliminary, or final injunctions may be issued in any court of competent jurisdiction without notice and without bond. As used in the Agreement, the... term "any court of competent jurisdiction" shall include the state and federal courts sitting, or with jurisdiction over actions arising, in Los Angeles Monmouth County, in the State of California New Jersey the jurisdiction, venue, and convenient forum of which are hereby expressly CONSENTED TO by Employee Executive and the Company, all objections thereto being expressly WAIVED by Employee Executive and the Company. Notwithstanding anything to the contrary contained in the Agreement, the provisions of Sections 2 and 7 through 12 of the Agreement shall survive the termination of the term of Executive's employment with the Company for any reason. View More
Remedies. Without limiting any of the other rights or remedies available to the Company at law or in equity, Employee Executive agrees that any actual or threatened violation of any of the provisions of Sections 8, 9, 10, 11 or 10 12 may be immediately restrained or enjoined by any court of competent jurisdiction, and that any temporary restraining order or emergency, preliminary, or final injunctions may be issued in any court of competent jurisdiction without notice and without bond. As used in the Agre...ement, the term "any court of competent jurisdiction" shall include the state and federal courts sitting, or with jurisdiction over actions arising, in Los Angeles Suffolk County, in the State of California New York the jurisdiction, venue, and convenient forum of which are hereby expressly CONSENTED TO by Employee Executive and the Company, all objections thereto being expressly WAIVED by Employee Executive and the Company. Notwithstanding anything to the contrary contained in the Agreement, the provisions of Sections 2, 7 through 14 of the Agreement shall survive the termination of the term of Executive's employment with the Company for any reason. View More
Remedies. In the event Employee breaches or threatens to breach this LTI Vesting/ Forfeiture Agreement by participating in Detrimental Activity or using or disclosing confidential/trade secrets/Company propriety information as set out in paragraphs 3 and 4 herein (for example and without limitation, Employee becomes employed or otherwise engaged by an entity that competes with the Company or an affiliate or solicits Company employees as provided above), Employee will forfeit any further vesting of any Lon...g Term Incentive awards and may be required to repay the value of the vested awards to the Company to the extent that any vesting occurred in reliance on Employee's promises as provided above. In addition and supplementary to other rights and remedies existing in its favor, the Company may apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions in this agreement (without posting a bond or other security).View More
Remedies. In the event Employee breaches or threatens to breach this LTI Vesting/ Forfeiture Vesting/Forfeiture Agreement by participating in Detrimental Activity or using or disclosing confidential/trade secrets/Company propriety information as set out in paragraphs 3 and 4 herein (for example and without limitation, Employee becomes employed or otherwise engaged by an entity that competes with the Company or an affiliate or solicits Company clients or Fluor employees as provided above), Employee will fo...rfeit any further vesting of any Long Term Incentive long term incentive awards and may be required to repay the value of the vested awards to the Company to the extent that any vesting occurred in reliance on Employee's promises as provided above. In addition and supplementary to other rights and remedies existing in its favor, the Company may apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions in this agreement (without posting a bond or other security). View More
Remedies. (a) Injunctive Relief. The Director acknowledges and agrees that the covenants and obligations of the Director contained in Section 6 relate to special, unique and extraordinary matters and are reasonable and necessary to protect the legitimate interests of the Company and that a breach of any of the terms of such covenants and obligations will cause the Company irreparable injury for which adequate remedies at law are not available. Therefore, the Director agrees that the Company shall be entit...led to an injunction, restraining order, or other equitable relief from any court of competent jurisdiction restraining the Director from any such breach. (b) Remedies Cumulative. The Company's rights and remedies under this Section 15 are cumulative and are in addition to any other rights and remedies the Company may have at law or in equity. In connection with paragraph (a) of this Section 15, the Director represents that his economic means and circumstances are such that such provisions will not prevent him from providing for himself and his family on a basis satisfactory to him. 18. Waiver of Statute of Limitations. The Director hereby waives for the longest period permitted by applicable law the limitation of any statute for the presentation of any claim arising under any provision of Section 6 hereof.View More
Remedies. (a) Injunctive Relief. The Director acknowledges and agrees that the covenants and obligations of the Director contained in Section 6 relate to special, unique and extraordinary matters and are reasonable and necessary to protect the legitimate interests of the Company and that a breach of any of the terms of such covenants and obligations will cause the Company irreparable injury for which adequate remedies at law are not available. Therefore, the Director agrees that the Company shall be entit...led to an injunction, restraining order, or other equitable relief from any court of competent jurisdiction restraining the Director from any such breach. (b) Remedies Cumulative. The Company's rights and remedies under this Section 15 are cumulative and are in addition to any other rights and remedies the Company may have at law or in equity. In connection with paragraph (a) of this Section 15, the Director represents that his economic means and circumstances are such that such provisions will not prevent him from providing for himself and his family on a basis satisfactory to him. 18. Waiver of Statute of Limitations. The Director hereby waives for the longest period permitted by applicable law the limitation of any statute for the presentation of any claim arising under any provision of Section 6 hereof.View More
Remedies. Executive acknowledges and agrees that the breach or threatened breach of any of the provisions of Sections 8, 9, 10 or 11 of this Agreement will cause irreparable harm to CapStar which cannot be adequately compensated by the payment of damages. Accordingly, Executive covenants and agrees that CapStar, in addition to any other rights or remedies which CapStar may have, shall be entitled to such equitable and injunctive relief as may be available from any court of competent jurisdiction to restra...in Executive from breaching or threatening to breach any of the provisions of this Agreement, without the requirement that CapStar post bond or other surety. Such right to obtain injunctive relief may be exercised at the option of CapStar in addition to, concurrently with, prior to, after, or in lieu of the exercise of any other rights or remedies which CapStar may have as a result of any such breach or threatened breach.View More
Remedies. Executive acknowledges and agrees that the breach or threatened breach of any of the provisions of Sections 7, 8, 9, 9 or 10 or 11 of this Agreement will cause irreparable harm to CapStar which cannot be adequately compensated by the payment of damages. Accordingly, Executive covenants and agrees that CapStar, in addition to any other rights or remedies which CapStar may have, shall will be entitled to such equitable and injunctive relief as may be available from any court of competent jurisdict...ion to restrain Executive from breaching or threatening to breach any of the provisions of this Agreement, without the requirement that CapStar post bond or other surety. Such right to obtain injunctive relief may be exercised at the option of CapStar in addition to, concurrently with, prior to, after, or in lieu of the exercise of any other rights or remedies which CapStar may have as a result of any such breach or threatened breach. - 9 - 14. Entire Agreement. CapStar and Executive agree that this Agreement contains the complete agreement concerning the employment arrangement, written or oral, between them and that this Agreement supersedes all prior negotiations, offer letters, practices and/or agreements. Neither party has made any representations that are not contained herein on which either party has relied in entering into this Agreement. View More
Remedies. If there is a breach or threatened breach of any provision of Section 6 or Section 7 of this Agreement, the Company will suffer irreparable harm and shall be entitled to an injunction restraining Employee from such breach. Nothing herein shall be construed as prohibiting the Company from pursuing any other remedies for such breach or threatened breach.
Remedies. If there is a breach or threatened breach of any provision the provisions of Section 6 8 or Section 7 9 of this Agreement, the Company will suffer irreparable harm and shall be entitled to an injunction restraining Employee the Executive from such breach. Nothing herein shall be construed as prohibiting the Company from pursuing any other remedies for such breach or threatened breach.
Remedies. If there is a breach or threatened breach of any provision the provisions of Section 6 8 or Section 7 9 of this Agreement, the Company will suffer irreparable harm and shall be entitled to an injunction restraining Employee the Executive from such breach. Nothing herein shall be construed as prohibiting the Company from pursuing any other remedies for such breach or threatened breach.
Remedies. If there is a breach or threatened breach of any provision of Section 6 8, 9, 10, or Section 7 12 of this Agreement, the Company will suffer irreparable harm and shall be entitled to an injunction restraining Employee from such breach. Nothing herein shall be construed as prohibiting the Company from pursuing any other remedies for such breach or threatened breach.
Remedies. Upon the occurrence and during the continuance of any Event of Default: (a) The full undrawn amount of each Credit, together with any additional amounts payablehereunder, shall, at Bank's option, become due and payable immediately without demandupon or notice to Applicant; provided, however, that in the case of any Event of Defaultspecified in Sections 7(e) or (f) above, the amount of each Credit, together with anyadditional amounts payable hereunder, shall, automatically and without any notice ...toApplicant or any other act by Bank, become immediately due and payable; and (b) Bank may exercise from time to time any of the rights, powers and remedies available toBank under this Agreement, under any other documents now or in the future evidencingor securing the Obligations or under applicable law, and all such remedies shall becumulative and not exclusive. With respect to Bank's exercise of any of the foregoing rights, powers and/or remedies, Applicant herebywaives presentment, protest, dishonor, notice of dishonor, demand, notice of protest, notice of nonpayment,notice of acceptance of this Agreement and any other notice or demand of any kind from Bank.View More
Remedies. Upon the occurrence and during the continuance of any Event of Default: (a) The full undrawn amount of each applicable Credit, together with any additional amounts payablehereunder, payable hereunder, shall, at Bank's option, become due and payable immediately without demandupon demand upon or notice to Applicant; any Credit Party (and Bank may give notice to the beneficiaries of such Credits in accordance with the terms thereof of the termination of such Credits); provided, however, that in the... case of any Event of Defaultspecified Default specified in Sections 7(e) 7(f) or (f) (g) above, the amount of each applicable Credit, together with anyadditional any additional amounts payable hereunder, shall, automatically and without any notice toApplicant to any Credit Party or any other act by Bank, become immediately due and payable; and (b) Bank may exercise from time to time any of the rights, powers and remedies available toBank to Bank under this Agreement, any Credit Document to which such Credit Party is a party, under any other documents now or in the future evidencingor evidencing or securing the Obligations or under applicable law, and all such remedies shall becumulative be cumulative and not exclusive. With respect to Bank's exercise of any of the foregoing rights, powers and/or remedies, Applicant herebywaives each Credit Party hereby waives presentment, protest, dishonor, notice of dishonor, demand, notice of protest, notice of nonpayment,notice non-payment, notice of acceptance of this Agreement Agreement, any other Credit Document and any other notice or demand of any kind not expressly provided for herein or in any other Credit Document from Bank. Except as expressly provided herein, no Event of Default solely with respect to an Applicant shall affect the ability of any non-defaulting Applicant to request or obtain Credits under this Agreement. View More
Remedies. Upon the occurrence and during the continuance of any Event of Default: (a) The full undrawn amount of each Credit, together with any additional amounts payablehereunder, payable hereunder, shall, at Bank's option, become due and payable immediately without demandupon demand upon or notice to Applicant; provided, however, that in the case of any Event of Defaultspecified Default specified in Sections 7(e) or (f) above, the amount of each Credit, together with anyadditional any additional amounts... payable hereunder, shall, automatically and without any notice toApplicant to Applicant or any other act by Bank, become immediately due and payable; and (b) Bank may exercise from time to time any of the rights, powers and remedies available toBank to Bank under this Agreement, under any other documents now or in the future evidencingor evidencing or securing the Obligations or under applicable law, and all such remedies shall becumulative be cumulative and not exclusive. exclusive; and (c) Upon written request of Bank, Applicant will procure the return of each Credit issued in favor of Lloyd's (whether by obtaining a replacement letter of credit from another issuer or otherwise). With respect to Bank's exercise of any of the foregoing rights, powers and/or remedies, Applicant herebywaives hereby waives presentment, protest, dishonor, notice of dishonor, demand, notice of protest, notice of nonpayment,notice non-payment, notice of acceptance of this Agreement and any other notice or demand of any kind from Bank. View More
Remedies. If an Event of Default shall have occurred and be continuing, the Secured Party may, without notice to or demand upon the Debtor, declare this agreement to be in default, and the Secured Party shall thereafter have in any jurisdiction in which enforcement hereof is sought, in addition to all other rights and remedies, the rights and remedies of a secured party under the Uniform Commercial Code of the State, or of any jurisdiction in which Collateral is located, including, without limitation, the... right to take possession of the Collateral, and for that purpose the Secured Party may, so far as the Debtor can give authority therefor, enter upon any premises on which the Collateral may be situated and remove the same therefrom. The Secured Party may in its discretion require the Debtor to assemble all or any part of the Collateral at such location or locations within the jurisdiction of the Debtor's principal office or at such other locations as the Secured Party may reasonably designate. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Secured Party shall give to the Debtor at least five Business Days prior written notice of the time and place of any public sale of Collateral or of the time after which any private sale or any other intended disposition is to be made. The Debtor hereby acknowledges that five Business Days prior written notice of such sale or sales shall be reasonable notice. In addition, the Debtor waives any and all rights that it may have to a judicial hearing in advance of the enforcement of any of the Secured Party's rights hereunder, including, without limitation, its right following an Event of Default to take immediate possession of the Collateral and to exercise its rights with respect thereto.View More
Remedies. If an Event of Default shall have occurred and be continuing, the Secured Party may, without notice to or demand upon the Debtor, declare this agreement to be in default, and the Secured Party shall thereafter Grantor, have in any jurisdiction in which enforcement hereof is sought, in addition to all other rights and remedies, the rights and remedies of a secured party under the Uniform Commercial Code of the State, NYUCC or of any jurisdiction in which Collateral is located, including, without ...limitation, the right to take possession of the Collateral, and for that purpose the Secured Party may, so far as the Debtor Grantor can give authority therefor, enter upon any premises on which the Collateral may be situated and remove the same therefrom. The Secured Party may in its reasonable discretion require the Debtor Grantor to assemble all or any part of the Collateral at such location or locations within the jurisdiction jurisdiction(s) of the Debtor's Grantor' principal office office(s) or at such other locations as the Secured Party may that is reasonably designate. convenient to both parties. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Secured Party shall give to the Debtor Grantor at least five ten Business Days Days' prior written notice of the time and place of any public sale of Collateral or of the time after which any private sale or any other intended disposition is to be made. The Debtor Grantor hereby acknowledges that five ten (10) Business Days Days' prior written notice of such sale or sales shall be reasonable notice. In addition, the Debtor Grantor waives any and all rights that it may have to a judicial hearing in advance of the enforcement of any of the Secured Party's rights hereunder, including, without limitation, its right following an Event of Default to take immediate possession of the Collateral and to exercise its rights with respect thereto. View More
Remedies. If an Event of Default shall have occurred and be continuing, the security interest and hypothec hereby granted shall become immediately enforceable and Secured Party may, Party, without any other notice to or demand upon the Debtor, declare this agreement to Debtors (except as may be in default, and the Secured Party shall thereafter have in any jurisdiction in which enforcement hereof is sought, required by applicable law), shall, in addition to all other rights and remedies, be entitled to ex...ercise any and all hypothecary rights prescribed by the Civil Code of Quebec, and any additional rights and remedies of which may be provided to a secured party under the Uniform Commercial Code of the State, or of in any jurisdiction in which Collateral is located, including, without limitation, the right to limitation: (a) Secured Party may take possession of the Collateral, and for that purpose the Secured Party may, so far as the any Debtor can give authority therefor, enter upon any premises on which the Collateral may be situated and remove the same therefrom. The Secured Party may in its discretion require the any Debtor to assemble all or any part of the Collateral at such location or locations within the jurisdiction jurisdiction(s) of the such Debtor's principal office office(s) or at such other locations as the Secured Party may reasonably designate. designate; (b) Secured Party may sell, lease or otherwise dispose of the Collateral at public auction, by private tender, by private sale or otherwise, upon such terms and conditions as Secured Party may determine. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, the Secured Party Party's Authorized Representative shall give to the any Debtor at least five Business Days ten (10) days prior written notice of the time and place of any public sale of Collateral or of the time after which any private sale or any other intended disposition is to be made. The Each Debtor hereby acknowledges that five Business Days ten (10) days prior written notice of such sale or sales shall be reasonable notice. notice; (c) Secured Party may appoint by instrument in writing a receiver or receiver and manager (hereinafter referred to as the "Receiver") of all or any part of the Collateral and remove or replace such Receiver from time to time or may institute proceedings in any court of competent jurisdiction for the appointment of such a Receiver. Where Secured Party is referred to in this agreement the term shall, where the context permits, include any Receiver so appointed and the officers, employees, servants or agents of such Receiver; (d) Secured Party may carry on, or concur in the carrying on of, all or any part of the business of any Debtors and may take such steps as it considers desirable to maintain, preserve or protect the Collateral; In addition, the each Debtor waives any and all rights that it may have to a judicial hearing in advance of the enforcement of any of the Secured Party's rights and remedies hereunder, including, without limitation, its right following an Event of Default to take immediate possession of the Collateral and to exercise its rights and remedies with respect thereto. Each Debtor shall pay all expenses, including solicitors' and Receivers' fees and disbursements incurred by Secured Party or its agents (including any Receiver) in connection with the enforcement of this Agreement; all of which expenses shall be payable forthwith upon demand and shall form part of the Obligations secured hereby. Secured Party may (a) grant extensions of time, (b) take and perfect or abstain from taking and perfecting security, (c) give up any security, (d) accept compositions or compromises, (e) grant releases and discharges, and (f) otherwise waive rights against any Debtor, debtors of the Debtors, guarantors and others and with respect to the Collateral and other security as Secured Party sees fit. No such action or omission will reduce the Obligations or affect the Secured Party's rights hereunder. View More
